Bhattacharya, Saikat (2017) Selvi vs. State of Karnataka: a critical analysis. [Working papers (or Preprints)] (Submitted)
Saikat Bhattacharya 2017.pdf
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Abstract
In this critical case analysis, we would be analyzing the famous judgment of Selvi v. State of Karnataka, as this case was based on the fact that humans can be better than the technology. The judgment that was given by the Chief Justice along with companion said that the practice of narco analysis, brain mapping, fMRI, and the polygraph test we are unconstitutional. This case discusses a new unexplored area of privacy and the guarantee against self-incrimination, which is protected under the Article 20(3) of the Constitution. When the CJI pronounced this judgment, it was further regarded as the Landmark judgment.
The above-stated techniques are a great asset provided by the modern sciences, which are followed and used to tap vital information out a person that could further be used in a court as evidence. The evidence collector is bound to adhere to the rules set by the Constitution, but the methods as mentioned earlier easy are against such calibre and can be deemed as unconstitutional
Item Type: | Working papers (or Preprints) |
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Keywords: | Self-Incrimination | Polygraph test | brain mapping Narco Analysis | Unconstitutionality | Judicial review |
Subjects: | Social Sciences and humanities > Social Sciences > Law and Legal Studies Social Sciences and humanities > Social Sciences > Political Science |
JGU School/Centre: | Jindal Global Law School |
Depositing User: | Arjun Dinesh |
Date Deposited: | 15 May 2022 15:26 |
Last Modified: | 15 May 2022 15:26 |
Official URL: | https://dx.doi.org/10.2139/ssrn.3629205 |
URI: | https://pure.jgu.edu.in/id/eprint/3045 |
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