Volume : 4, Issue : 8, August - 2015

CHALKING EQUILIBRIUM BETWEEN EFFECTIVE INVESTIGATION AND INDIVIDUAL RIGHTS

Dr. Apurva Pathak

Abstract :

<p>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. In modern times, when criminals take care to erase all the evidences of their involvements, thescientific 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 as it infringes the fundamental rights under Article 20(3), and also right to privacy and right to health which are guaranteed under Article 21 of the Constitution. Despite of verily limitations, it affirms certain attributes too but however there is a tension between desirability of efficient investigation and preservation of individual rights.</p>