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e of truth finding. He argues that the legal system is never really suited for fact finding and that reason for prominence of truth finding in criminal procedures has to do more with moral indignation into a legal process. [10]

It is submitted that the above reasoning is not without its fallacies. Mr. Salve in the case of Poolpandi v. Superintendent, Central Excise [11] had summarized the judgment of Justice Black [12] (minority view), it is submitted as a rebuttal to the argument put forth by Bentham and Judge Zupancic: -

“Seceret inquisitions are dangerous things justly feared by free men everywhere. They are the breeding place for arbitrary misuse of official power. They are often the beginning of tyranny as well as indispensable instruments for its survival. Modern as well as ancient history bears witness that both innocent and guilty have been seized by the officers of the State and whisked away for secret interrogation or worse until the groundwork has been secretly laid for their inevitable conviction. While the labels applied to this practice have frequently changed, the central idea wherever and whenever carried out remains unchanging extraction of “statements” by one means or another from an individual by officers of the State while he is held incommunicado.” [13]

Despite such scathing attacks, protection against self-incrimination continues to command respect. It is felt that the protection shall also promote sound police methods and prevent the prosecutors from relying only on evidence of the accused that can be acquired by relatively easy methods of torturing the suspects. [14] It is submitted hence, that the privilege protects the innocent and guilty alike from overzealous officials who are forced by public opinion to maintain a high conviction rate, if they are to continue holding their office. [15]

Criminal Investigation and Forensic Science

Investigation is one of the important components of the Criminal System and Jurisprudence. Investigation is generally regarded as a quest for truth and the findings from the investigation are adduced as evidence subsequently in the trial. Apart from the crime scene investigation, it also includes examination of witnesses who are acquainted with the facts of case and the examination of the accused to determine his guilt. Spectacular developments in the fields of computers, microelectronics etc. has given rise to a whole new dimension of investigation proceedings. The days of “My dear Watson!” are over. From lifting DNA traces from the scene of crime to examination of fingerprints and handwriting, forensic science has emerged as a potent and powerful weapon in the armory of administration of justice in criminal trials. [16]

This paper shall assess the extent to which state agencies can use compulsion powers and whether the advances in science can be used by the investigating agency to gather evidence against the accused ignoring the constitutional guarantees. Three prominent tests have been widely used for extracting confessions, the polygraph test, the Narco Analysis (Truth Serum Test) and the recently developed P300 or the Brain-Mapping test. A thorough analysis of the working of these tests has been done and a critical analysis of the administration of such tests shall be carried out, simultaneously exploring the constitutionality of the three tests.

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