ASHWINI KUMAR UPADHYAY Vs. UNION OF INDIA

JUDGEMENT

(1.) The instant Public Interest Litigation has been filed under Article 226 of the Constitution of India for a direction to the Police to subject a complainant to undergo scientific tests like Narco Analysis, Polygraphy and Brain mapping during the investigation to prove the allegation and only then record his/her statement in order to control fake cases to secure right to life, liberty, dignity and speedy justice.

(2.) A perusal of the Writ Petition shows that the present Writ Petition has been preferred by the Petitioner when he came across a case wherein a complaint was filed against a journalist under the SC-ST Act though the complainant and the accused did not know each other. According to the Petitioner, the journalist has been harassed and humiliated and had the complainant undergone a brainmapping test before the start of the investigation, the journalist would not have to undergo the humilation or arrest. It is stated by the Petitioner that with the growth of technology, scientific tests like Narco Analysis, Polygraphy and Brain Mapping, etc., can be used to wipe out fake cases. It is stated that such techniques are used in developed countries like USA, China, Singapore etc. but they are not being used in our country.

(3.) At the outset it can be said the present petition is completely misplaced. Sec. 154 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'the Cr.P.C') provides as to how an FIR is to be recorded. Sec. 154 of the Cr.P.C also lays down the procedure for recording an FIR in case the information is given by a woman against whom an offence under Sec. 326A, 326B, 354, 354A, 354B, 354C, 354D, 376, 376A, 376B, 376C, 376D, 376E or 509 of the Indian Penal Code, 1860 is alleged to have been committed or attempted. After a complaint is reduced to writing in the format as prescribed under Sec. 154 of the Cr.P.C, the police starts investigating the offence. The Cr.P.C also lays down as to how the investigation has to be conducted and how the statements of witnesses, including the complainant, etc. are to be recorded.