Justice Alexandar Thomas of Kerala High Court has held in the case of sister Abhaya, a murder case that the results of narco-analysis and brain mapping tests on the accused cannot be used as evidence. The accused in their petition(s) prayed to stop the prosecution from examining as witnesses- the persons who have conducted the narco-analysis and other scientific tests.
Relying on the landmark judgment of the Supreme Court in the case of Selvi and Others versus State of Karnataka (2010) 7SCC 263, the accused in their petition stated that the evidence proposed by such persons is inadmissible as it would hit the prohibition contained in the said judgment.
This question of whether the information gathered by the prosecution with the help of scientific tests is to be admitted in accordance with Section 27 of the Indian Evidence Act or not came before the Court while it was hearing petitions under Section 482 CrPC filed by the accused to quash the order passed by Special CBI Court. The Special CBI Court, Thiruvananthapuram, rejected the accused’s plea to stop the prosecution from summoning the officers who had conducted such tests as witnesses to the case. The Trial Court had left the issue of admissibility to be considered later on.
The accused’s counsel argued before the High Court that the Trial Court by permitting such inadmissible evidence to be presented before the Court would result in the violation of Article 20(3) of the Constitution.
The Court after hearing both the parties followed the decision in Selvi and Others versus State of Karnataka and held that the results of narco-analysis and brain mapping and other scientific tests, even if carried out with the consent of the accused can only be used for the purpose of proving discovery of fact in accordance with Section 27 of the Indian Evidence Act.