Concent taking of brainmapping test

606 votes

Kasab (26/11 Mumbai Attack Case): Ajmal Kasab (the Pakistani terrorist caught alive during the 26/11 Mumbai attacks) was subjected to interrogation, including scientific tests like lie detector (polygraph), brain mapping, and narco-analysis. Consent: It is widely reported that Kasab did not voluntarily consent to these tests. His tests were conducted as part of the investigation during high public and national security pressure. At that time, it was common practice (though not legally clean) for agencies to conduct such tests without properly documented consent, especially in terror cases. Later, in 2010, the Supreme Court of India ruled in Selvi v. State of Karnataka (2010) 7 SCC 263 that no narco-analysis, brain mapping, or lie detector test can be conducted without voluntary consent, and if consent is given, then it must be properly recorded. > Thus, Kasab’s brain mapping and lie detection tests were done under custodial conditions with questionable consent. --- Sanjay (Abhaya Case - Sister Abhaya Murder Case, Kerala): In the Sister Abhaya murder case, suspects like Father Thomas Kottoor, Sister Sephy, and Father Jose were subjected to narco-analysis, polygraph, and brain mapping tests. Consent: There was serious controversy about whether proper consent was obtained. Media reports and case records show that consent forms were taken, but under significant pressure from CBI officers. Many experts and defense lawyers argued that the consent was not truly voluntary but induced or forced due to high public and media pressure. Later, during trial, it was argued that statements made during narco-analysis were not admissible because they were not made voluntarily. > Thus, in the Abhaya case too, consent for brain mapping and lie detection was heavily disputed and alleged to be obtained under pressure. --- Summary of Legal Position: --- Legal Principle Established Later: After the Selvi vs. State of Karnataka judgment (2010), the Supreme Court made it mandatory that: No brain mapping, narco, or lie detector test can be conducted without informed, written, and voluntary consent. Statements made under such tests are not admissible as evidence unless given voluntarily.

Advocate Rehman Khan LawRato