Rajasthan High Court Upholds Right to Withdraw Consent for Narco Analysis Test
In a landmark ruling, the Rajasthan High Court has declared that an accused individual cannot be compelled to undergo a narco analysis test and retains the right to withdraw consent at any stage before the procedure is conducted. Justice Anoop Dhand, in an order made public on March 17, emphasized that denying such withdrawal would constitute forcing the accused against their will, thereby infringing upon fundamental rights enshrined in Articles 21 and 20(3) of the Indian Constitution. These articles safeguard the right to life and personal liberty, as well as the right against self-incrimination.
Court's Observations on Fundamental Rights Violations
The court firmly stated that proceeding with a narco analysis test after consent has been retracted would directly violate these constitutional protections. It highlighted that compelling an accused to become a witness against themselves is impermissible under law. Narco analysis, as explained by the court, is a psychological and forensic technique employed during investigations to extract concealed information, but its application must respect individual liberties.
Background of the Case
The ruling originated from a 2014 FIR registered at the Chirawa police station in Jhunjhunu district, involving charges under IPC Sections 363 and 366. During the investigation, the officer sought approval from the Judicial Magistrate in Chirawa to conduct a narco analysis test on the accused, Subhash Saini. Saini initially consented but later withdrew his agreement, filing an application on July 6, 2015. The Magistrate rejected his plea on July 9, 2015, prompting Saini to approach the high court.
The high court allowed the criminal writ petition, overturning the magistrate's orders from May 18, 2015, and July 9, 2015. This decision reinforces the principle that consent must be voluntary and revocable, ensuring that investigative methods do not override constitutional safeguards.
