Selvi vs
State of Karnataka, the Supreme Court of India pronounced that three
conspicuous police cross examination strategies narco-investigation, the
falsehood finder test, and cerebrum planning - abused a blamed individual's
privilege against self-implication under Article 20(3), and her entitlement to
life and individual freedom under Article 21 of the Constitution. In this
article, I will contend that Selvi was a transformative judgment in view of the
manner by which it comprehended and verbalized the connection between the
individual and the State in the setting wherein the lopsidedness of intensity
between the two is at its most elevated: when the individual is a blamed
lawbreaker, and the State is the examiner.
I will start by depicting two contending
methods of reasoning that underlie criminal legitimate systems: the wrongdoing
control model, which sees the exact settling of wrongdoing to be the most
significant standard of the law, and the fair treatment model, which holds that
in any event, for the location of wrongdoing, there are lines that the State
can't cross – lines grounded in the conviction that specific individual rights
are sacred (I); I will at that point show how the Supreme Court's initial
decisions on Article 20(3) were conveyed inside the structure of the wrongdoing
control model (II), and how Selvi left from this comprehension in its
understanding of the words "deliberate" and "constrained"
(III). I will close by battling that Selvi's grip of the fair treatment model
is right considering our pre-sacred experience of a tyrant State and the choice
of the designers to lift the assurance of self-implication from a procedural
shield to a protected right (IV). Moreover, it has significant ramifications
for our comprehension of the limits that the Constitution and the Code of
Criminal Procedure force upon the police and upon the criminal examination
process (V).
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