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Debating Validity of Scientific Investigations as Opined by Courtstigation

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Debating Validity of Scientific Investigations as Opined by Courtstigation
ABSTRACT
The project elaborates the debate in relation to scientific tests. The project traces the history of investigation wherein the inducing of drugs first took place and its usage now. Further various decisions have been cited wherein the judiciary has totally prohibited the use of such drugs which are so used to extract truth out of people. There have also been instances wherein it has been misused by the investigation agencies and are rather used as a cover up for their fallacies. It has been found during the course of project that these tests should be allowed in limited circumstances and that also with the consent of the person on whom it is required to be done, thereby guaranteeing to citizens not only fundamental rights but human rights too.
RESEARCH METHODOLOGY
AIM AND OBJECTIVE OF THE STUDY
The aim of the project is to understand the validity of scientific tests and the implications and legality of these tests and whether these tests could be conducted on persons to extract truth. Further to testify whether these tests are not ultra vires the constitution.
SCOPE AND LIMITATIONS
The scope of the project is limited to analyzing the constitution articles and various covenants that deal exclusively with Human Right issues. Limited examples of cases from other countries have also been taken in order to clarify certain points but the scope of the project itself does not extend to a comparative study of the law as it exists in other countries. The basis of study is mostly limited to India.
METHODOLOGY
The methodology adopted is largely analytical and descriptive. Reliance has been placed largely on secondary sources like books and articles. The lectures and classroom discussion have been rich with valuable pointers and gave direction to the research.

RESEARCH QUESTIONS 1. What are scientific tests actually? 2. What is their evidentiary value? 3. Do they affect the fundamental rights of the people concerned according to Indian



Bibliography: * Brown v. Walker (1896) 161 US 596, available at on http://www.guncite.com/court/fed/sc/161us591.htm * Kelkar, R.V., Criminal Procedure, Reprint 2002, Eastern book company, Pg * European Convention for Protection of Human Rights and Fundamental Freedoms and its five Protocols, available at http://www.hri.org/docs/ECHR50.html, last visited on 20th April, 2012. [ 8 ]. 54 App. D. C. 46, 293 F. 1013,No. 3968,Court of Appeals of District of Columbia,Submitted November 7, 1923 December 3, 1923, Decided, available at http://www.daubertontheweb.com/frye_opinion.htm, last visited on 21st April, 2012. [ 9 ]. 523 US 303 (1998) [ 10 ] [ 11 ]. 56 N.M. 237 (1952) [ 12 ] [ 13 ]. 372 US 293 (1963) [ 14 ] [ 17 ]. Brown v. Walker (1896) 161 US 596, available at on http://www.guncite.com/court/fed/sc/161us591.htm last visited on September 21st April, 2012. [ 20 ]. Seervai H.M, The Constitutional law of India, Vol . 2, 4 ed. Universal Law Publications, pp. 1070-1071 [ 21 ] [ 22 ]. European Convention for Protection of Human Rights and Fundamental Freedoms and its five Protocols, available at http://www.hri.org/docs/ECHR50.html, last visited on 20th April, 2012. 27 Geneva Conventions of 1949 and their Additional Protocols, available at http://www.icrc.org/eng/war-and-law/treaties-customary-law/geneva-conventions/index.jsp, last visited on 20th April, 2012 [ 28 ] [ 31 ]. Sharma, B. R., Scientific Criminal Investigation, 2006 Edition, Universal Law Publishing Co. Pvt. Ltd. [ 32 ]. 2008 Cri. L J 68 [ 33 ] [ 36 ]. The House we Blew, available at http://www.tehelka.com/story_main48.asp?filename=hub190211THE_HOUSE, last visited on 22nd April, 2012. [ 37 ]. No Narco Test without consent: Supreme Court, available at http://www.financialexpress.com/news/no-narco-test-without-consent-supreme-court/615551/1, last visited on 22nd April, 2012. [ 38 ]. (1965) 2 SCWR 464 [ 39 ]

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