Mumbai-Jaipur Train Shooting: Accused Has 'Right to Maintain Silence', Says Court Denying Narco Test

A magistrate court cited that it is the fundamental right of an accused to maintain silence and denied the permission to carry out narco analysis, polygraph test, and brain mapping on the dismissed RPF constable Chetan Singh.

In an order passed on August 11, the metropolitan magistrate SM Patil said, “There is no room for compelling the accused to go for the test without his consent. Since the accused is not ready to face such tests, to protect his fundamental rights, the application deserves to be rejected.”

According to a Times of India report, this order rejecting the plea of Government Railway Police was made available on Friday.

The magistrate further stated that the Supreme Court judgement related to conducting such clearly tells us that only in exceptional situations — along with the accused’ consent — can such tests be conducted. Forcing the accused to undergo any tests is a violation of their fundamental rights, the magistrate noted.

The consent of a patient or a suspect is compulsory before a narco analysis is conducted on them. The prosecution reportedly sought permission to carry out these tests stating that in case of such a serious offence, these tests were important to complete the investigation. Their submission also stated that such tests were also necessary for smooth investigations.

The GRP’s application said that they had obtained Singh’s signature which indicates his consent, however, Singh’s advocate opposed the application.

In contradiction to the report submitted by the police — stating that Singh had given his consent — when the magistrate personally asked him about the consent, Singh outright denied the claim and filed a separate say, stating that he does not have consent for such tests as his health is not in a good condition.

Singh who was dismissed from his service, was accused of allegedly killing his supervisor and three passengers on a moving train in Maharashtra on July 31.