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2. Before considering and dealing with the submissions and contentions made on behalf of the rival parties, it is required to be considered that what are the Brain Mapping Test and Narco Analysis Test and the R/SCR.A/6403/2018 ORDER safeguards taken during the aforesaid tests.

At the outset, it is to be noted that what are the aforesaid tests and what are the safeguards taken at the time of performing / conducting of the aforesaid tests are already considered by the Bombay High Court, Karnataka High Court and Andhra Pradesh High Court. The learned counsel appearing on behalf of the State and the learned Advocate General have also produced on record certain materials what are the aforesaid tests and which measures / safeguards are undertaken while conducting / performing the aforesaid tests and considering the above, it is found as under :­ NARCO ANALYSIS TEST :­ The Narco Analysis Test is conducted by administrating 3 gms of Sodium Pentathol or Sodium Amytal dissolved in 3000 ml of distrilled water depending upon the person's sex, age, health and physical condition and this mixture is administered intravenously along with 10% of dextrose over a period of 3 hours with the help of an anaesthetist. The rate of administration is controlled to drive the accused slowly into a hyponotic trance. The effect of the bio­molecules on the bio­ activity of an individual is evident as the drug depresses the central nervous system, lowers blood pressure and slows the heart rate, putting the subject into a hypnotic trance resulting in a lack of inhibition. The subject is then interrogated by the Investigating Agency in the presence of the doctors. The revelations made during this stage are recorded both in video cassettes. The report prepared by the experts is what is used in the process of collecting evidence. Under the influence of the drug the subject talks freely and is purportedly deprived of his self­control and will power to manipulate his answers. The underlying theory is that a person is able to lie by using his imagination. In the Narco Analysis Test, the subject's imagination is neutralized and reasoning faculty affect by making him semi­ R/SCR.A/6403/2018 ORDER conscious. The subject is not in a position to speak up on his own but can answer specific and simple questions. In this state it becomes difficult for him to lie and his answers would be restricted to facts he is already aware of. His answers are spontaneous as a semi­ conscious person is unable to manipulate his answer. Injected in continuous small dosages it has a hypnotizing effect on a person whop responds loquaciously when questioned. The ECG and blood pressure are monitored continuously throughout the testing procedure. The entire conduct of the procedure is video graphed. The questions are designed carefully and are repeatedly persistently in order to reduce the ambiguities during drug interrogation. After the Narco examination is over the suspect is made to relax for 2, 3 hours.

15. The aforesaid controversy is also considered by the Karnataka High Court in case of Smt. Selvi & Ors. (supra) and the Karnataka High Court has also considered the need for Brain Mapping Test and Narco Analysis Test and the Karnataka High Court has also considered the submissions made on behalf of the accused that to appear for undergoing Narco Analysis Test would violate his fundamental rights under Article 20(3) of the Constitution of India and would compel the accused to give evidence against himself, which is prohibited under Article 20(3) of the Constitution of India and after elaborately considering R/SCR.A/6403/2018 ORDER various provisions of the Constitution of India as well as the Criminal Procedure Code and considering what are the aforesaid tests and what safeguards are taken, the Karnataka High Court has permitted to conduct / perform the Narco Analysis Test and Brain Mapping Test on the accused. The relevant observations of the Karnataka High Court in the said decision are as under :­ "It was vehemently argued for the accused that the learned Magistrate committed a serious and grave error in giving directions to the accused to appear for undergoing Narco­ analysis Test as the same violates their fundamental right guaranteed under Article 20(3) of the Constitution. According to him, the order containing the directions given is nothing but compelling the accused to give evidence against themselves, which is prohibited under said Article 20(3) of the Constitution.

Para : 30 :­ It was also contended for the accused that the first accused is suffering from heart problem and as such, subjecting her to undergo Narco­analysis Test will be detrimental to her health. It may be noted that the accused 1 had undergone Brain Mapping and Polygraphy Tests, admittedly. Further, as noted already, before subjecting an accused to Narco­analysis Test, his/her medical fitness will be ascertained and thereafter only accused will be subjected to Narco­analysis Test. Reference can also be had to the conclusion found in "A report on Narco­ analysis Test" submitted by the prosecution under the signature of the Director of Forensic Science Laboratories (Police Department), Madiwala, Bangalore, which is as under:

17. As stated above, when after exhausting all the possible alternatives to find out the truth and nab the criminal / accused and when it is found by the prosecuting agency that there is no further headway in the investigation and they are absolutely in dark, there is a necessity of such a test. On the basis of revelations and/or the statement recorded while conducting / performing the Narco Analysis Test, the prosecuting agency may have some clues which would further help and/or assist the Investigating Agency to further investigate the crime and at this stage, there will not be any bar of Article 20(3) of the Constitution of India and merely conducting / performing of a Narco Analysis Test on the accused, the protection guaranteed under Article 20(3) of the Constitution of India is not violated. As stated above, only R/SCR.A/6403/2018 ORDER and only at the stage when the prosecuting agency is likely to use such statement as evidence and if it is inculpating and incriminating the person making it, it will attract the bar of Article 20(3). As rightly observed by the Bombay High Court in case of Ramchandra Ram Reddy (supra) whether the statement made during the course of the aforesaid test is inculpating or incriminating the person making it, can be ascertained only after the test is administered and not before. Thus, by conducting / performing the Narco Analysis Test itself would not tantamount to compulsive testimony or testimonial compulsion and the same would not amount to violation of Article 20(3) of the Constitution of India and if the statement recorded during the course of the aforesaid test is used against the accused, enough protection exists in the Criminal Procedure Code and / or Indian Evidence Act and recourse to which can be taken as and when the Investigating Agency seeks to produce such statement as evidence and merely on apprehension and/or presumption that the said statement could be used by the Investigating Agency against the person making it that by itself is no ground not to permit the Investigating Agency to conduct / perform the Narco Analysis Test upon the accused, more particularly, when the same is needed for the purpose of finding out the truth and to nab the criminal / accused who have committed offence and when the Investigating Agency is absolutely in dark. Under the circumstances, there is no substance in the contention / submission of the petitioner / accused that conducting / performing of the Narco Analysis Test by itself would be taking away the protection guaranteed under Article 20(3) of the Constitution of India.