The PIL brought by BJP leader Ashwini Upadhyay can reduce the frequency of false and fabricated cases if the complainants are prepared to submit to narco-analysis or a polygraph test. According to Upadhyay, requiring complainants to undergo these tests would lessen the number of false accusations involving rape, dowry, and SC/ST that result in people spending 10 to 15 years in prison. According to Upadhyay, requiring complainants to pass these tests while filing complaints and providing statements for the chargesheet will act as a deterrent and significantly lessen the number of fictitious cases. He added that it will protect the rights to life, liberty, and dignity of thousands of innocent persons who are suffering from severe bodily and mental harm as well as financial strain as a result of false accusations. According to the PIL, narco-analysis is merely a technique of obtaining information using disinhibition, and the entire procedure is recorded. Doctors then provide a report for further examination.
Observation of the Court
On a petition asking for instructions to police to ask the complainant if they are willing to submit to narcoanalysis, a polygraph, and brain mapping tests to demonstrate that the complaint filed is real, the Delhi High Court, presided over by Justice Subramonium Prasad, reserved its decisions. The bench responds to the argument that they are not lawmakers. We won’t go past CrPC. Please provide the specific section of the CrPC that states this police officer shall ask for the complaint. We have previously stated that we are not lawmakers and that the Crpc is not a joke. Hence The court stated that because the requested petitions would need amendments to the Code of Criminal Procedure (CrPC), the court could not give such orders and dismissed the plea.