Mahendra is an accused in a high-profile murder case. The investigating authorities want to conduct a narco-analysis test without his consent to obtain evidence. Mahendra's advocate argues that the use of this test viola

Right against Self-Incrimination (Article 20(3) of the Constitution of India): Article 20(3) of the Constitution of India states that 'no person accused of any offence shall be compelled to be a witness against himself'. This protection is available when three conditions are fulfilled: The person must be 'accused of an offence'. There must be 'compulsion to be a witness'. Such compulsion should result in the person 'giving evidence against himself'. The 'right against self-incrimination' protects persons who have been formally accused as well as those who are examined as suspects in criminal cases. It also extends to cover witnesses who apprehend that their answers could expose them to criminal charges in the ongoing investigation or even in cases other than the one being investigated. Reference to Selvi v. State of Karnataka, AIR 2010 SC 1974: In this landmark case, the Supreme Court of India held that narco-analysis, polygraph, and brain electrical activation profile (BEAP) tests, when conducted without the consent of the accused, are an infringement of the right against self-incrimination guaranteed under Article 20(3) of the Constitution. The Court emphasized that involuntary administration of these tests amounts to 'compelled testimony' and violates the 'right to privacy' and 'personal liberty' under Article 21. In the given situation: Mahendra is an accused in a murder case. Investigating authorities want to conduct a narco-analysis test without his consent. Mahendra's consent is crucial for such a test. Conducting a narco-analysis test on Mahendra without his consent would constitute compelling him to be a witness against himself, thereby violating his fundamental rights under Article 20(3). Availability of this right: This fundamental right under Article 20(3) is available to all persons , whether citizens or non-citizens, who are accused of an offence. Conclusion: The use of a narco-analysis test on Mahendra without his consent constitutes a violation of his fundamental rights under Article 20(3) of the Constitution, as affirmed by the Supreme Court in Selvi v. State of Karnataka. This right is available to all persons.