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    Question

    In the landmark case Selvi v. State of Karnataka (2010),

    the Supreme Court examined the admissibility of scientific investigative procedures and the rights of arrested persons during investigation. Though primarily addressing forensic evidence, the Court established principles relevant to investigation procedures. Which principle was established?
    A Polygraph tests and narco-analysis are admissible as direct evidence if conducted with police supervision. Correct Answer Incorrect Answer
    B Scientific investigative procedures like polygraph tests and narco-analysis require the informed consent of the accused and cannot be conducted without consent. Correct Answer Incorrect Answer
    C The accused's right against self-incrimination extends to refusing scientific tests during investigation. Correct Answer Incorrect Answer
    D Forensic evidence obtained from an arrested person can be used even if the arrest was procedurally irregular. Correct Answer Incorrect Answer
    E Medical examination and forensic investigation can be conducted without any safeguards if the offence is serious. Correct Answer Incorrect Answer

    Solution

    In Selvi v. State of Karnataka (2010), the Supreme Court held that scientific investigative procedures like polygraph testing, narco-analysis, and brain-mapping require explicit, informed consent of the person undergoing the test. The Court emphasized that such procedures engage the person's right against self-incrimination and bodily integrity. Importantly, results cannot be used as direct evidence; they serve only as investigative aids. This principle protects arrested persons from invasive investigative procedures and aligns with BNSS provisions on medical examination (Sections 52-53), which require medical practitioners and impose dignity safeguards. The landmark judgment ensures that modern investigative techniques do not override fundamental constitutional protections afforded to arrested persons.

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