EFFICIENT INVESTIGATION AND INDIVIDUAL RIGHTS IN INDIA AND USA
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Abstract
Law, Science and Technology has a great relevance in our lives. Law and Science encounter each other in many ways. When technology intrudes in the ambit of legal rights it is checked by law, for example, cyber crimes, in the same manner to protect legal rights and strengthening the evidence with the help of science, cannot be denied.
At present date, when the legal system has so much advanced, criminals take care to erase all the evidences of their involvement, then in such case, scientific and highly sophisticated methods are required to trace the involvement of criminals. Narcoanalysis, Polygraphy and Brain Mapping tests collectively called deception detection tests (DDT) are new kinds of interrogation techniques which are simple and civilized way of conducting investigation. But, at the same time, one has to be conscious of its limitations also. It infringes fundamental rights under Article 20(3), and also right to privacy and right to health which are guaranteed under Article 21 of the Constitution.
Inspite of the verily limitations, it affirms certain attributes also which includes: ‘order of court’, ‘pre-consent of subject’ ‘non-manipulated statements by subject’ and ‘secure public interest’ Thus, there is a tension between desirability of efficient investigation and preservation of individual rights. This paper shall examine the relevant positions of India and USA on Scientific Investigation.
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