Questions and answers on law(Part 62)

 Q 1:-  Whether legal representatives of the deceased defendant can take contrary defence?

Ans:- Supreme Court: Legal representative of deceased defendant can not raise plea contrary to plea taken by deceased defendant.

Supreme Court of India

Abdul Razak (D) Thr.Lrs. & Ors. vs Mangesh Rajaram Wagle & Ors. on 7 January, 2010.

https://www.lawweb.in/2014/02/legal-representative-of-deceased-deft.html

Q 2:- Whether domain name is a property?

Ans:- In India, domain names are considered intangible assets and are protected under intellectual property laws. However, the legal status of domain names as property is not explicitly defined in Indian law. Domain names can be protected as trademarks if they are used to distinguish the goods or services of one entity from another.

In the case of domain disputes, Indian courts have recognized domain names as valuable assets and have applied principles of intellectual property law to resolve disputes related to domain name registration, use, and infringement.

Q 3:- Whether the court can permit Narco analysis test of accused without his consent and under which provision, it is admissible in evidence?

Ans:- Whether such derivative use of information extracted in a custodial environment is compatible with Article 20(3) - Held, Section 27 of Evidence Act, permits the derivative use of custodial statements in the ordinary course of events - Provisions of Section 27 of the Evidence Act are not within the prohibition under Article 20(3) unless compulsion has been used in obtaining the information - Thus, 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 the Evidence Act

"Compulsory involuntary administration of the Narcoanalysis, polygraph examination and the Brain Electrical Activation Profile (BEAP) violates the `right against self-incrimination' enumerated in Article 20(3) of the Constitution as the subject does not exercise conscious control over the responses during the administration of the test."

"Article 20(3) not only a trial right but its protection extends to the stage of investigation also."

IN THE SUPREME COURT OF INDIA

Criminal Appeal Nos. 1267 of 2004, 

Decided On: 05.05.2010

Selvi Vs. State of Karnataka

Hon'ble Judges/Coram:

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

Read full Judgment here: Click here.

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