Supreme Court of India

Smt. Selvi & Ors. v. State of Karnataka

Neutral citation

Reported as [2010] 5 S.C.R. 381

Bench K.G. Balakrishnan, R.V. Raveendran and J.M. Panchal JJ.

Decided 5 May 2007

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

17 Supreme Court benches have cited this judgment.

What the Court ordered

We hold that no individual should be forcibly subjected to any of the techniques in question, whether in the context of investigation in criminal cases or otherWise.

Judgment, page 212

From the headnote

CODE OF CRIMINAL PROCEDURE, 1973: Section 161 (2), Explanation to Sections 53, 53- and 54 c - Investigation - Examination of accused persons, suspects and witnesses - Use of certain scientific techniques viz. narcoanalysis, polygraph examination and Brain Electrical Activation Profile (BEAP) test - Involuntary administration of 0 - Held: Violative of Article 20(3) of the Constitution of India - However, any information or material that is subsequently discovered with the help of voluntary administered test results can be admitted in accordance with Section 27 of Evidence Act - Guidelines

Authorities it was built on

1968 Romesh Chandra Mehta v. State of West Bengal cited by 9
1961 The State of Bombay v. Kathi Kalu Oghad and Others cited by 8
1960 Raja Narayanlal Bansilal v. Maneck Phjhoz Misthy and Another. cited by 5
2002 Harrington House School v. S.M. Ispahani and Anr. cited by 2

Where later benches applied it

2025 Amlesh Kumar v. The State of Bihar relied on
2023 Santosh @ Bhure v. State (g.n.c.t.) of Delhi relied on
2019 Ashish Jain v. Makrand Singh and Ors. relied on
2017 State of U.P. v. Sunil relied on
2013 Dr. Rajesh Talwar and Anr. v. C.B.I. and Anr. relied on
2012 Dr. Mehmood Nayyar Azam v. State of Chattisgarh and Ors. relied on
2022 Vijay Madanlal Choudhary & Ors. v. Union of India & Ors. referred to
2021 Ajit Mohan & Ors. v. Legislative Assembly National Capital Territory of Delhi & Ors. referred to
2018 Rajendra Pralhadrao Wasnik v. State of Maharashtra referred to
2018 Justice K. S. Puttaswamy (retd.) v. Union of India & Ors. referred to
2018 Navaneethakrishnan v. The State by Inspector of Police referred to
2017 Justice K S Puttaswamy (retd.), and Anr. v. Union of India and Ors. referred to
2012 Ritesh Sinha v. The State of Utiar Pradesh & Anr. referred to
2012 In Re: Ramlila Maidan Incident Dt.4/5.06.2011 v. Home Secretary, Union of India & Ors. referred to
2013 Suresh Kumar Koushal and Another v. Naz Foundation and Others mentioned
2012 Mohammed Ajmal Mohammad Amir Kasab @ Abu Mujahid v. State of Maharashtra mentioned
2016 Jamnadas v. State of M.P. distinguished

Of those, 6 relied on · 1 distinguished · 8 referred to · 2 mentioned

Sign in free to read it

The full judgment, page by page, as published in the Supreme Court Reports
The ratio: what the Court held, verbatim, with the page it sits on
Every bench that relied on it, and every bench that argued against it
Search every reported judgment, by party, citation or question
Download the PDF, copy pinpoint citations ready for a filing

An email address, no password.