Compulsory brain-mapping and polygraph tests and narco-analysis were in violation of Article 20 and 21 of the Constitution. In Selvi & Ors v. State of Karnataka, AIR 2010
SC 1974 the Supreme Court considered the constitutionality of various evidence gathering techniques including narco-analysis, BEAP (Brain Electrical Activation Profile) or ‘brain mapping, and polygraph tests. The Court ruled that the compulsory administration of such neuro-scientific investigative techniques constituted testimonial compulsion and violated the right of an accused against self- incrimination guaranteed under Article 20(3), and their right to life and personal liberty under Article 21 of the Constitution.
The Court held that these tests could not be administered without the valid consent of an accused person.