SELVI & ORS. v. STATE OF KARNATAKA

 


SELVI & ORS. v. STATE OF KARNATAKA

 

Equivalent Citations:  AIR 2010 SC 1974

 

Author : K.G Balakrishnan

 

Bench : K.G Balakrishnan, R.V. Raveendran, J.M. Panchal

 

APPELLANTS :SELVI & ORS

 

RESPONDENTS : STATE OF KARNATAKA

 

DATE OF JUDGEMENT: 05/05/2010

 

INTRODUCTION

 

Selvi v. State of Karnataka is a landmark judgment that declared narco-analysis, the lie detector test, and brain-mapping as violative of the right against self-incrimination under Article 20(3) and the right to life personal liberty under Article 21 of the Indian Constitution. The landmark judgment is a transformative judgment in criminal law because it contextualized, understood, and articulated the relationship between the individual (accused) and the State (interrogator). The Apex Court had two competing philosophies and had to choose one. These philosophies were the crime-control model, which demonstrates that the sole goal is to accurately solve the crime, whereas the other model portrays certain lines that the State cannot cross to detect crime. The Apex Court, in the instant case, chose the latter one and held that there are certain lines which the states cannot cross but, the Apex Court has from time to time deviated from this philosophy, and the best example is the case of Ritesh Sinha v. State of Uttar Pradesh[1]. The author in this case comment would analyse the facts, issues, arguments of both the parties, judgment delivered and finally conclude by drawing analysis as to whether the judgment embraces the due process model in light of the constitutional precedent ,and legislative intent.

 

  1. FACTS OF THE CASE

In 2004 Selvi and others filed a criminal appeal, followed by appeals in 2005, 2006, 2007, and 2010. There was a Special Leave Petition filed under Article 136 of the Indian Constitution wherein objections were raised against the use of neuro-scientific tests, including narco-analysis, the lie detector test, and brain-mapping without the accused’s consent. The case dealt with legal questions related to the involuntary administration of neuro-scientific tests and discussed the various results that these tests provide, along with the accuracy. Various objections were raised against involuntary administration tests, which were conducted without the consent of the accused.  The Respondents contended that these tests are essential for obtaining the relevant information to arrive at a conclusion that may aid the investigation. It was even claimed that these tests do not cause any bodily harm to the accused. 

The Apex Court, in the present case, took into consideration the constitutional validity of these involuntary administered tests by strictly examining Article 20(3), which grants the accused the right against self-incrimination, and Article 21, which grants the right to life and personal liberty.

  1. ISSUES INVOLVED

 

a.     Whether the involuntary administration of the impugned techniques violates the 'right against self-incrimination enumerated in Article 20(3) of the Constitution?  

b.     Whether the results derived from the impugned techniques amount to 'testimonial compulsion,’ thereby attracting the bar of Article 20(3)?

c.     Whether reasonable restrictions on personal liberty under Article 21 of the Indian Constitution constitute involuntary administration of the impugned techniques?

  1. ARGUMENTS OF THE PARTIES

PETITIONERS ARGUMENTS

  1. The Petitioners submitted before the Apex Court that involuntary administration of the impugned techniques is violative of Article 20(3) of the Indian Constitution, i.e., right against self-incrimination. They even contended before the Apex Court that Article 21 includes various other rights such as rights against inhuman, cruel treatment, and even the “substantive due process” is a guarantee inscribed under Article 21 in the guise of personal liberty. 

The Petitioners also raised their objections against the accused’s right to privacy, including physical and mental privacy. The use of these impugned techniques would violate the same. Even the tests were not scientifically proven to be authoritative or confirmatory. Thus, the evidence obtained from these tests would be redundant.

RESPONDENTS ARGUMENTS

  1. The respondents argued that using these tests would be critical in extracting relevant information to help the investigating agencies conduct their investigation. They contended that these tests do not cause any bodily harm to the accused. Even the information obtained from these tests would be used for investigation only to gather evidence and prevent criminal activity.

The respondent also urged the Apex Court that these tests are not violative of any fundamental rights and fall under the purview reasonable restriction enshrined under Article 21 of the Indian Constitution.

  1. LEGAL ASPECTS INVOLVED IN THE CASE

a.     Article 20 (3) of the Indian Constitution -While dealing with Article 20(3) of the Indian Constitution, the Apex Court held that compulsory administration of these impugned tests would amount to “testimonial compulsion.” Since it amounts to testimonial compulsion, it would violate the rights guaranteed under Article 20(3) of the Indian Constitution. The court also held that in respect to Article 20(3), the compulsory administration of these tests should meet the guarantee of ‘substantive due process’ for placing a restraint on Article 21 of the Indian Constitution, i.e., Right to life and personal liberty. The court also remarked on the legislative intent of Article 20(3). It stated that the testimony was given by the accused during his trial be reliable. The statements made during these tests would not be reliable, thus violating the accused’s fundamental right to live with dignity and integrity.

b.     Article 21 of the Indian Constitution - While dealing with Article 21 of the Indian Constitution the Apex Court held that though it is not an absolute right, the courts and investigating agencies cannot arbitrarily exercise their powers. The powers should be used based on the circumstances involved and should be done fairly and reasonably. In the instant case, the question of Privacy was also involved. The court held that though the Criminal Procedure Court and Indian Evidence Act mandates some kind of interference with the bodily privacy given to the individuals, compelling a person to impart personal knowledge is not guaranteed.

The court also opined upon the due process and by referring to Director of Revenue v. Mohammad NissarHolia[2] that one principle for ensuring fairness in a criminal trial is that the accused should not be coerced into giving a statement and thus, conducting these involuntary tests undermines this principle. Thus, these tests do not ensure due process and cannot be considered as a reasonable restriction under Article 21 of the Indian Constitution.

  1. JUDGEMENT IN BRIEF : RATIONAL AND INFERENCE

The leading judgment, in this case, was given by K.G Balakrishnan. It noted that the right against self-incrimination is one of the fundamental postulates of our criminal jurisprudence and should be considered an essential WatchGuard in criminal procedure. The court remarked the legislative intent behind Article 20(3), i.e., to ensure whether the statement given by the accused during the trial was reliable and made voluntarily, not under any coercion or undue influence. Looking at the other side of the coin, conclusions can be drawn that the judges portrayed the fact that involuntary statements may be false and may, in turn, mislead the judges. Thus, using such impugned techniques would violate Article 20(3) as it defies the legislative intent and may cause obscuration during the trials.

While dealing with Article 21 of the Indian Constitution, the Apex Court held that though it is not an absolute right, the courts and investigating agencies cannot arbitrarily exercise their powers. The powers should be used based on the circumstances involved and should be done in a fair and reasonable manner. In the instant case, the question of Privacy was also involved. The court held that though the Criminal Procedure Court and Indian Evidence Act mandates some kind of interference with the bodily privacy given to the individuals, compelling a person to impart personal knowledge is not guaranteed.

Even it was held that components of Article 21 i.e., right to privacy, should be read with Article 20(3) to understand the intersection between the two. When read together, we understand how and when personal autonomy is essential, and it is the right of the individual to remain silent. Thus, the court held that tests that violate the accused’s fundamental rights could not be administered involuntarily on all these grounds. The Court also held that involuntary administration of these tests violates substantive due process, which is mandated for restraining one’s liberty. Even the principle of “ejusdum generis,” i.e., of the same kind cannot be applied as these tests do not fall under the purview of Section 53 and Section 54 of the Code of Criminal Procedure, as these are tests which are totally different from the ones mentioned under Section 53 and Section 53A of the Code of Criminal Procedure Code.

  1. CONCLUSION

This case is considered one of the landmark cases in relation to Article 20(3) of the Indian Constitution. It can be regarded as a trendsetting or transformative judgment as the judiciary adopted the model, which portrays certain lines that the state cannot cross to detect crime. However, there is particular criticism, such as why the apex court applied the principle of “fruits of poisonous trees' ' that may have acted as an exception in these cases. But, this judgment settled all the various conflicts related to Nacroanalysis tests. Even the Puttaswamy[3] judgment where Supreme Court held the right to privacy as a fundamental right this judgment is apposite shows the correctness of the decision. But, the deviation can be seen in the case of Ritesh Sinha[4] wherein the court granted the power to the state to use voice samples and went beyond the line to detect crime and this judgment has been criticized. The position of the Apex Court in matters involving such tests as of now stands clear and the police cannot use these tests.

The relationship that exists between an accused person and the State is at its most unequal when brought face to face against the State Machinery of investigation. If the heart of the due process model is a concern for protecting the rights of individual who are placed in a special position of vulnerability vis-à-vis the State, then the Court’s exclusion of entire legal regimes from the ambit of Article 20(3), purely on the basis of  formalistic reasoning, is indefensible. The author contends that the use of such scientific tests leads to “dilution of constitutional rights” and also comes into conflict with the right to fair trial which is guaranteed by the constitution to every accused under Article 21. The same observations were also made by the apex court in the case of Nandini Sathpathy v. P.L Dani[5].This judgment as per the author can be considered as an example of a just and neutral decision.

 

 

 

 

 

 

 



[1]Ritesh Sinha v. State of Uttar Pradesh 2013 2 SCC 357

[2] Director of Revenue v. Mohammad NissarHolia 2008 2 SCC 370

[3]K.S Puttaswamy v. Union of India 2017 10 SCC 1

[4]Supra at Note 1

[5] Nandini Sathpathy v. P.L Dani (1978) 2 SCC 424

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