narco analysis case study

An official website of the United States government

The .gov means it’s official. Federal government websites often end in .gov or .mil. Before sharing sensitive information, make sure you’re on a federal government site.

The site is secure. The https:// ensures that you are connecting to the official website and that any information you provide is encrypted and transmitted securely.

• Publications
• Account settings

Preview improvements coming to the PMC website in October 2024. Learn More or Try it out now .

• Advanced Search
• Journal List
• Indian J Med Res
• v.134(1); 2011 Jul

Supreme Court judgment on polygraph, narco-analysis & brain-mapping: A boon or a bane

Suresh bada math.

Department of Psychiatry, National Institute of Mental Health & Neuro Sciences (Deemed University), Bangalore 560 029, India ni.cin.rak.snahmin@mbs , moc.liamg@snahmin

Introduction

The deception detection tests (DDT) such as polygraph, narco-analysis and brain-mapping have important clinical, scientific, ethical and legal implications 1 . The DDTs are useful to know the concealed information related to crime. This information, which is known only to self, is sometimes crucial for criminal investigation 2 . The DDTs have been used widely by the investigating agencies. However, investigating agencies know that the extracted information cannot be used as evidence during the trial stage. They have contested that it is safer than ‘third degree methods’ used by some investigators. Here, the claim is that, by using these so called, “scientific procedures” in fact-finding, it will directly help the investigating agencies to gather evidences, and thereby increase the rate of prosecution of the guilty and the rate of acquittal of the innocent 3 . Recently, these methods are being promoted as more accurate and best to none, without convincing evidence. In a landmark judgment, the apex court of India has clearly stated that DDTs cannot be administered without consent 3 .

The core debate arising out of the DDT is its legality of using inhuman degrading methods to confess the crime. The interrogation of the accused plays a vital role in collecting evidence. If the accused remains silent and does not answer any questions of the investigating agencies then to what extent the investigating agencies can coerce or force the accused to reveal information. In a civilized world police torture is unacceptable to extract information about the crime. Even in the court of law, confession made to a police officer is not valid. Now, the question is, “Can police use DDT to extract information from the accused”? There are many who support the view that in this age of ever increasing crime rate, such tests often help to the investigating agencies but others rejecting it as a clear violation of constitutional provisions. This viewpoint looks into the earlier court's view, recent Supreme Court judgment and scientific basis of DDTs.

Earlier Judgments on DDTs

In a landmark judgment 4 the Madras High Court conveyed that investigating agency is required to complete investigation within a reasonable time, if not, the benefit of delay is given to the accused. If accused fails to co-operate with the investigation process undertaken during custodial interrogation, to unravel the mystery surrounding the crime, scientific investigation methods may have to be carried out to find the truth 4 .

Keeping the same spirit in another judgment, the court had held that the narco-analysis test is a step in aid of investigation 5 . It forms an important base for further investigation as it may lead to collection of further evidences. Therefore, with reference to the proliferation of crimes against society, it is necessary to keep in mind the necessity of the society at large and the need of a thorough and proper investigation as against individual rights while ensuring that constitutional rights are not infringed. Consequently, in the court's opinion, the narco-analysis test does not suffer from any constitutional infirmity as it is a step in aid of investigation and any self incriminatory statement, if made by the accused, cannot be used or relied upon by the prosecution. The court ordered the accused to undergo the narco-analysis test in stipulated period 5 . These judgments were clearly supporting the use of DDTs in investigations.

Recent Supreme Court judgment on DDTs

The Supreme Court judgment 3 on May 5, 2010 related to the involuntary administration of DDT for the purpose of improving investigation efforts in criminal cases was questioned on the account of violation of fundamental rights such as:

• ( i ) ‘Right against self-incrimination’ enumerated in Article 20(3) of the Constitution, which states that no person accused of an offence shall be compelled to be a witness against himself/herself, and
• ( ii ) Article 21 (Right to life and personal liberty) has been judicially expanded to include a ‘right against cruel, inhuman or degrading treatment’.

DDT also raises serious concerns related to the professional ethics of medical personnel involved in the administration of these techniques and violation of human rights of an individual 3 . Concerns regarding human rights violations in conducting DDTs were raised long back and the National Human Rights Commission had published Guidelines in 2000 for the Administration of Polygraph tests 6 . However, only few of the investigating agencies seen to follow these guidelines.

Scientific evidence of DDTs

Narco-analysis : This test involves the intravenous administration of a drug (such as sodium pentothal, scopolamine and sodium amytal) that causes the subject to enter into various stages of anaesthesia. In the hypnotic stage, the subject becomes less inhibited and is more likely to divulge information, which would usually not be revealed in the conscious state. He or she may also divulge all his/her fantasies, personal wishes, impulses, instinctual drive, illusions, delusions, conflicts, misinterpretations, etc . The main drawback of this technique is that some persons are able to retain their ability to deceive even in the hypnotic state, while others can become extremely suggestible to questioning. This is especially worrying, since investigators may frame questions in a manner that may prompt incriminatory responses. The drugs used do not guarantee that the subject will speak only the truth. The statements made in a hypnotic state are not voluntary and are also not in a clear state of mind; hence these have not been admitted as evidence in the court of law. Narco-analysis “without consent” raises certain issues such as ( i ) a physical assault on the body by giving injections and also multiple painful stimuli such as slapping, pinching, pushing, hitting, shaking the body and so forth to wake a person from hypnotic state to answer the questions, and ( ii ) mental assault through the effect of the injection on his/her mind and also an unrestricted access to the utmost privacy, the privacy of his/her own mind. In the era of evidence-based medicine, it does not have any significant role in the treatment of any psychiatric conditions. Though this technique is known since the Second World War 7 , it has not been supported with adequate research to justify its claim.

Polygraph : This is also called a lie detector test, but this term is a misnomer. The theory behind polygraph tests is that a guilty subject is more likely to be concerned with lying about the relevant facts about the crime, which in turn produces a hyper-arousal state which is picked up by a person trained in reading polygraph results. Measurement of hyper-arousal state is based on a number of parameters such as heart rate, blood pressure, respiratory rate, skin conductance and electromyography. The principle behind these tests is questionable because the measured changes in arousal state are not necessarily triggered by lying or deception. Instead, these could be triggered by nervousness, anxiety, fear, confusion, hypoglycaemia, psychosis, depression, substance induced (nicotine, stimulants), substance withdrawal state (alcohol withdrawal) or other emotions. This state has also been attributed to the way the questions are asked by the investigating officers. At the same time, it is not difficult to beat polygraph tests by a trained person, who is able to control or suppress his/her arousal symptoms through relaxation exercises, Yoga, meditation, etc . Hence, the reliability of the polygraph test has been repeatedly questioned in empirical studies.

Brain mapping : It measures the changes in the electrical field potentials produced by the sum of the neuronal activity in the brain by means of electrodes placed on the surface of the skin covering the head and face. The changes directly related to specific perceptual or cognitive events are called event-related potentials 8 . In simple words, it is based on the finding that the brain generates a unique brain-wave pattern when a person encounters a familiar stimulus 9 , 10 . Commonly used method in India is called as Brain Electrical Activation Profile test, also known as the ‘P300 Waves test’.

During the test, subjects are exposed to auditory or visual stimuli (pictures, videos and sounds) that are relevant to the facts being investigated alongside other irrelevant words and pictures. Such stimuli can be broadly classified as material ‘probes’ and neutral ‘probes’. The underlying theory is that in the case of guilty suspects, the exposure to the material probes will lead to the emission of P300 wave components which will be duly recorded by the instruments. By examining the records of these wave components, the examiner can make inferences about the individual's familiarity with the information related to the crime 3 , 11 . However, this measures only the memory or knowledge of the crime scene and nothing else. For instance, a by-stander who witnessed a murder could potentially be implicated as an accused if the test reveals that the said person was familiar with the information related to the same. Similarly, little is known about the impact of viewing portrayal of crime scene in the media such as television, movies and newspaper on brain mapping. Hence, this test cannot be used to prosecute an accused but can be used by an innocent as an ‘alibi’ by proving that he/she does not have any memory about the crime on this test.

The published literature on this technique is very sparse. The term ‘Brain Fingerprinting’ has not yet entered the Medical Sub-Headings (MeSH) term of -PubMed (Medline). On conducting a literature search in PubMed by combining two MeSH terms “Event-Related Potentials, P300” and “Forensic Medicine” yielded only 23 publications and another PubMed search by combining two MeSH terms “Brain Mapping” AND “Forensic Medicine” (1966-June 2011) yielded only 72 publications. On reviewing this published literature, it was found that results were inconclusive. The sample sizes were small. Majority of the studies were open label and with poor methodology. Sample studied were from the normal population rather than forensic population. Each study has used a different protocol to interpret the data. There was one interesting study which reported that deception detection based on P300 amplitude as a recognition index may be readily defeated with simple countermeasures that can be easily learned 12 . Non availability of data on the effect of brain wave mapping on neurological conditions (such as stroke, dementia, delirium, head injury, amnestic syndromes, etc .) and psychiatric conditions (such as substance intoxication or dependence conditions, schizophrenia, mood disorders, anxiety disorders) makes matters worse. There is a paucity of data on this technique, and applicability of this technique in the forensic field is remote at this point of time 9 , 10 . There are several ongoing research studies using functional brain imaging studies in the field of brain mapping, however, results from these studies are also inconclusive and researchers have recommended that the functional brain images in brain mapping also should not be admitted as evidence in the court of law 13 .

In conclusion, DDT has faced a number of criticisms and it is still unclear to what degree lie detectors and brain mapping can be used to reveal concealed knowledge in applied real-world settings. The Supreme Court judgment on involuntary DDTs is that it has no place in the judicial process. On the contrary, it will disrupt proceedings, cause delays, and lead to numerous complications which will result in no greater degree of certainty in the process than that which already exists 3 . Contemporary DDT needs to undergo rigorous research in normative and pathological populations. Premature application of these technologies outside research settings should be resisted. The vulnerability of the techniques to countermeasures also needs to be explored. It is also important to know the sensitivity and specificity of these tests. There should be standard operating guidelines for conducting DDT. The recent Supreme Court judgment on DDT is admirable from the scientific, human rights, ethical, legal and constitutional perspectives.

Acknowledgments

Author thanks Dr Maria Christine Nirmala for her valuable comments and suggestions on the manuscript.

Conflict of Interest : none.

11 years 🥳 of Publication

• Law Firm & In-house Updates
• Read to know

Evidentiary value of Narco-Analysis and Brain Mapping in India vis-à-vis Smt. Selvi & Ors. v. State of Karnataka (2010)

With the steady and constant developments in science and technology, there is an evident transformation in the modus of conducting criminal investigations. The conventional techniques of probing a crime have paved way for scientific forms of investigation. Narco-analysis, brain mapping, polygraph, neuroimaging, etc. have changed the dynamics of criminal jurisprudence. The present research article evaluates the evidentiary value of the diagnostic techniques of narco-analysis and brain mapping, as well as its legality in India. It also discusses the landmark case in which the Supreme Court of India has discussed its importance and laid down guidelines in that regard.

INTRODUCTION

The narco-analysis test uses a chemical substance known as sodium pentothal which is intravenously injected into the body of the test-subject. The subject then enters into a state of hypnosis with all inhibitions shed, and responds to all questions put to him, without knowing that such responses may incriminate him. Since the subject remains in a semi-unconscious state, there are good chances that he may reveal every such detail which he may not otherwise.

On the other hand, is the Brain Electrical Activation Profile (BEAP), commonly known as brain mapping. It employs electrodes as a tool which is attached to the scalp of the subject, and records the electrical waves emitting from the subject’s brain. A number of auditory and visual stimuli, ones which are relevant to the facts being investigated (material probes) as well as those which are not relevant (neutral probes) are placed before the subject, and inferences relating to subject’s information of a crime are drawn thereof. The underlying principle is that when exposed to the material probes, the subject will emit the P300 waves as a result of familiarity with those materials. Therefore, this kind of diagnosis is also known as the P300 waves test.

Of the similar kind is the Polygraph Test or the Lie Detection Test. Instruments like the cardiograph, pneumograph, cardio-cuffs, and electrodes are attached to the body of the test subject and physiological reactions namely the pulse rate, blood pressure, respiration rate, etc. to the questions put before him are examined. Fundamentally, the test rests on the theory that when a person gives a false reply to a question put to him, his body produces a reaction different from replies given in a normal circumstance.  

These investigative techniques, however humanitarian as an alternative to physical torture, still raise serious questions of individual rights and liberties. [1] More so because the drugs used in these tests have serious and negative effects on the human body, particularly the brain. A class of drugs, known as the Barbiturates, are used to extract information and detect lie of the concerned person. Some of the drugs under this heading are Scopolamine, Pentothal or sodium thiopental, Amytal, Seconal, Butabarbital, Pentobarbital, Belladona and P henobarbital . Commonly known as the “truth serum”, the term is a misnomer… the drugs are not sera and they do not necessarily bring forth probative truth. [2] Experts have recorded that the barbiturates generally affect the most advanced brain centers. The cerebral cortex- that region where most complex mental activities occur- yields first to the disturbance caused to the nerve-tissue function. Even the lowest of doses of barbiturates weaken the functioning of the cerebral cortex; the drugs disable the sensory circuits of the human nervous system. The larger doses of barbiturates may even cause death by stopping respiration. It occurs because of the cortex no longer actively integrating information, and the cerebellum, the “lesser brain” sometimes called the great modulator of nervous function, ceases to perform as a control box. [3] Equivalently, some side effects of barbiturates include drowsiness, headache, hypotension, nausea, skin rash, abnormally slow breathing, hallucination, coma, and temporary breathing cessation. [4] More so, experts opine that there is evidence to suggest that individuals with good defenses and emotional control cannot be manipulated or anyone who has who can withstand the stress of competent interrogation in the waking state can do so in narcosis. [5]

THE LAW OF EVIDENCE IN INDIA

The Indian Law of Evidence has no express stand on the issue of admissibility of information procured as a result of narco-analysis test. Although, there are some provisions which entails the position of this law on the technique.

The definition of ‘evidence’ under the Indian Evidence Act, 1872 is as under:

“ Evidence ” means and includes

(1) All statements which the Court permits or requires to be made before it by witnesses, in relation to matters of act under inquiry; such statements are called oral evidence;

(2) All statements including electronic records produced for the inspection of the Court; Such statements are called documentary evidence. [6]

The question then arises, whether the results derived as a result of the narco-analysis test and the brain mapping can and should be considered as evidence, or not. A combined reading of Ss. 24 to 27 [7] of the Act suggest that such statements would be barred from being admissible as evidence and be rendered meaningless in event of even a slimmest hint coercion, intimidation, or any other kind of influence. Confessions caused by inducement, threat or promise are inadmissible under Section 24 [8] of the Indian Evidence Act. When an accused undergoes the narco-analysis test, he has no control over his conscious and has to answers questions put to him against his will. Impliedly, such confessions become inadmissible in Court of law. The confessions made in presence of the agency conducting the procedure and the police are also hit by Section 25 of the Act. [9]

THE CASE OF SMT. SELVI V. STATE OF KARNATAKA [10]

The case pertains to the legality of three scientific tests, viz. the narco-analysis, polygraph test, and the Brain Electrical Activation Profile (BEAP) on the touchstone of Arts. 20(3) and 21 of the Constitution of India and under Ss. 161(2) of the Code of Criminal Procedure, 1973. The matter at hand pointed out a need to strike a balance between the increasing need for efficient investigative techniques and upholding the right to personal liberty.

The petition was a criminal appeal challenging the involuntary administration of techniques as violative of the principle of right against self-incrimination as envisaged under Art. 20(3) of the Indian Constitution. The appellant contended that subjecting accused or witnesses to such diagnostic tests without their consent is completely violative of the fundamental rights. It was termed that “these scientific techniques are a softer alternative to the …use of ‘third degree methods’ by investigators.” [11]

The State contended that since it is their obligation to prevent crimes and criminal activities, these tests aid in extracting information and collecting evidence where it is particularly challenging to do so. Since procedural administration of substances into the body does not cause any physical harm, it should not pose any issues whatsoever.

Thus, the issues framed by the Court were as follows:

I.                     Whether the involuntary administration of the impugned techniques violates the ‘right against self-incrimination’ enumerated in Article 20(3) of the Constitution?

I-A. Whether the investigative use of the impugned techniques creates a likelihood of incrimination for the subject?

I-B. Whether the results derived from the impugned techniques amount to ‘testimonial compulsion’ thereby attracting the bar of Article 20(3)?

II.                  Whether the involuntary administration of the impugned techniques is a reasonable restriction on ‘personal liberty’ as understood in the context of Article 21 of the Constitution?

While dealing with the debate on the issue, the Court placed reliance on various authorities including precedents from the United States and Canada. Also, it perused some of scholarly works on these techniques. It was noted that, the impugned tests are used for various purposes in various fields. Its use particularly in criminal justice system is dichotomous; the need of the hour is that we keep up with the fast pace changes in technology but at the same time no individual can be deprived of his liberty. Thus, the 3-judge Bench held that the involuntary administration of these diagnostic techniques would lead to infringement of ‘right against self-incrimination’. It further elaborated that,

“ The test results cannot be admitted in evidence if they have been obtained through the use of compulsion. Article 20(3) protects an individual’s choice between speaking and remaining silent, irrespective of whether the subsequent testimony proves to be inculpatory or exculpatory. Article 20(3) aims to prevent the forcible ‘conveyance of personal knowledge that is relevant to the facts in issue’. The results obtained from each of the impugned tests bear a ‘testimonial’ character and they cannot be categorized as material evidence. ” [12]

Thus, an individual, whether an accused or a witness, cannot be made to forcefully undergo any of the said techniques to expose him to any consequences either of penal nature or otherwise. No technical justification can be legitimate that permits invasion into a person’s mental privacy. The results inferred from the use of these techniques, due to their limitations, also are in conflict with the principle of ‘right to fair trial’ which the Apex Court has upheld in several of its judgement.

Interestingly, it should be noted that the Court did leave some scope for voluntary administration of the impugned techniques with regards to criminal investigation with proper safeguards in place. Even in such instances, the test results by themselves cannot be admitted as standalone evidence, reason being lack of control of the subject over his responses during the test. 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 the Evidence Act, 1872. [13]

The Bench also reiterated the Guidelines for the Administration of Polygraph Test (Lie Detector Test) on an Accused’ of 2000 as issued by the National Human Rights Commission and laid strict emphasis for duly following them. Briefly, they are as follows:

1.       An option should be provided to the accused to avail the Lie Detector Tests. Such a test can be administered only after such accused has consented to it.

2.       If the accused opts for the test after such option has been given to him, he should be given access to a lawyer. The lawyer and the police should explain to him the physical, emotional and legal implications of the test.

3.       The consent of the accused should be recorded before a Judicial Magistrate.

4.       The accused having agreed to undergo the lie detection test should be duly represented by a lawyer at the time of hearing before the Magistrate.

5.       The accused person must be explained, at the hearing, in clear terms that statements by him shall not be considered as ‘confessional statements’ made to the Magistrate and shall be regarded as statement made to the Police.

6.       The duty is cast on the Magistrate to consider all the factors relating to the detention of the accused, including the length of such detention and nature of interrogation.

7.       The actual procedure of Lie Detection Test shall be conducted by an independent agency, such as a hospital and shall be duly recorded. The procedure must be carried out in the presence of the lawyer.

8.       The information received, the full medical and factual narration of it must be taken on record.

The narco-analysis test, the brain mapping as well as the polygraph test hold a very high value in criminal investigation process. Although the Indian Evidence Act, 1872 is silent on employing these techniques, the constitutional courts have time and again touched upon the issue of whether such methods should be employed or not through its judgments in a selected number of cases. The issue of should these processes be permitted to be used in investigations and interrogations is still widely debated among jurists, scholars and the commoners alike.

The technique of narco-analysis has proved to be valuable and profoundly effective in sensational cases like the Aarushi Talwar murder case, the Nithari killings case, the Telgi scam, and the Mumbai Bomb Blasts case. The powers of the police authorities have been curbed by the provisions of the Constitution as well as other special and local legislations, and act as a bar on the way in which they can be exercised. Though, through the significant judgment in Smt. Selvi , the Supreme Court has cleared the air on when can these techniques are employed and when can they be not, the authorities need to rethink upon the use of these scientific methods of investigation. The side effects placed on record by experts should in no way hamper further investigation and controlled experiments of the said drugs. The tests have the potential to essentially ensure fair and timely justice.

[1] George Bimmerle, “Truth” Drugs in Interrogation , CENTRAL INTELLIGENCE AGENCY (Jul 01, 2008), https://www.cia.gov/library/center-for-the-study-of-intelligence/kent-csi/vol5no2/html/v05i2a09p_0001.htm.

[4] John P. Cunha, DO, FACOEP , Barbiturates , RxLIST, https://www.rxlist.com/consumer_barbiturates/drugs-condition.htm.

[5] supra note 1.

[6] Section 3, The Indian Evidence Act, 1872, No.1, Acts of Parliament, 1872.

[7] Section 24, The Indian Evidence Act, 1872: Confession caused by inducement, threat or promise when irrelevant in criminal proceeding.

Section 25: Confession to police officer not be proved.

Section 26: Confession by accused while in custody of police not to be proved against him.

Section 27: How much of information received from accused may be proved.

[8] Section 24, The Indian Evidence Act, 1872: Confession caused by inducement, threat or promise, when irrelevant in criminal proceeding.––A confession made by an accused person is irrelevant in a criminal proceeding, if the making of the confession appears to the Court to have been caused by any inducement, threat or 2 promise having reference to the charge against the accused person, proceeding from a person in authority and sufficient, in the opinion of the Court, to give the accused person grounds which would appear to him reasonable for supposing that by making it he would gain any advantage or avoid any evil of a temporal nature in reference to the proceedings against him.

[9] Section 25 of Indian Evidence Act, 1872: Confession to police officer not to be proved.–– No confession made to police officer, shall be proved as against a person accused of any offence.

[10] AIR 2010 SC 1974 (India).

[11] Id . at para 2.

[12] Id . at para 221.

[13] Id . at para 223.

You Might Also Like

Hegelian approach to intellectual property, what is arbitration: a beginner’s guide, types of awards in an arbitration, what is the salary of a partner: legal landscapes in the usa, uk, uae, and singapore, crafting an effective employee non-compete agreement: key clauses to keep in mind.

Subscribe to our newsletter to get our newest articles instantly!

Don’t miss out on new posts, Subscribe to newsletter Get our latest posts and announcements in your inbox.

Sign up for daily newsletter, be keep up get the latest breaking news delivered straight to your inbox., leave a reply cancel reply.

Your email address will not be published. Required fields are marked *

Save my name, email, and website in this browser for the next time I comment.

Sign in to your account

Username or Email Address

Remember Me

Indian Legal Solution Journal of Criminal and Constitutional Law

CRITICAL ANALYSIS OF ARUSHI TALWAR MURDER CASE: PRAGYA JAIN & TANIYA ROY

Posted on October 15, 2019 October 15, 2019 Author Your Admin Leave a comment

ISSN: 2581-8465

Critical analysis of Arushi Talwar murder case. 

Author: Pragya Jain & Taniya Roy

The Arushi- Hemraj Double murder case is an unsolved mystery of the murder of a 13-year old girl Aarushi Talwar and a man 45-year-old Hemraj Banjade, a male domestic servant employed by her family. Prima facie, the case appeared to be a case of honour killing as the evidence showed that the murder was done with surgical precision. During the trial period, the issue of the process by the Magistrate regarding the summon of the Talwars was also questioned. However, all the grounds regarding the proceedings were satisfied. Further, we will discuss the relevancy of section 204 of CrPC with this case. On June 1, 2008, CBI took over the case from the Delhi Police. In the investigation done by the CBI, the help of the NarcoAnalysis Test, Polygraph test and Brain Mapping was taken. But this evidence was considered to be insufficient. We will also discuss the inefficiency of the Police and CBI investigation in this case, where the first CBI team claimed that the servants were the murderers while the second team gave a contradictory statement stating the Talwars to be the murderers. Finally, Allahabad High Court acquitted the dentist couple Rajesh and Nupur Talwar giving them the benefit of doubt. Further, in this assignment we have tried to determine whether the judgment passed by the CBI Court was in the light of justice, the investigation conducted by the police was proper or not, and why narco analysis test can’t be admissible in the Court and the different facets of law involved. 

INTRODUCTION 

Aarushi Talwar, 13-year-old, was found dead with her throat slit in her bedroom in flat no. L-32 Jalvayu Vihar in Noida on the morning of May 16, 2008. Hemraj, who was the family’s domestic help was missing and thus, suspected of the murder.  

On May 17 Hemraj was found in a pool of blood on the terrace of the flat. 

Chain of events hereafter was as follows: 

May 18: Noida police claimed the twin murders were done with surgical precision, insider job was suspected. 

May 19: Former domestic help Vishnu Sharma was also suspected. 

May 21: Delhi police joined the probe. 

May 22: Police suspected it to be a case of honour killing. Police spoke to Aarushi’s friend.

Her parents were suspected. 

May 23: Rajesh Talwar, Aarushi’s father, was arrested for double murders. 

June 1: CBI took over the case from Noida police. 

June 13: Krishna, domestic help of Talwar’s was arrested. 

June 20​ : ​ Lie detection test of Rajesh Talwar was conducted. 

June 25: Second lie detection test was done on Nupur Talwar, Aarushi’s mother, as the first test was found inconclusive. 

June 26: CBI claimed it to be a “blind case”. Bail appeal was refused for Rajesh Talwar by Ghaziabad Magistrate. 

July 12: Rajesh Talwar got bail. 

2009  

February: Narco-analysis tests on Rajesh Talwar was conducted between February 15 to February 20. 

December 29: CBI team ​ filed a closure report citing “insufficient evidence.” ​Servants got clean chit and Talwars remained prime suspects. 

2011  

January 25: ​ Rajesh Talwar suffered grievous injuries ​ f ollowing an attack by Utsav Sharma on the Special CBI court premises in Ghaziabad. 

Feb 9​ : the Trial court rejected CBI’s closure report and summoned Aarushi’s parents to face murder charges. 

February 21: Talwars approached Allahabad High Court for quashing trial court summons. 

March 18:  Allahabad HC dismissed their plea. 

March 19: The couple approached the Supreme Court. 

2012  

January 09: Supreme Court said the bail granted to Rajesh Talwar by the lower court in the ‘Aarushi ​ murder ​ c ase’ would continue and that ​ he should appear before the Ghaziabad Magistrate ​ t o face trial along with his wife, Nupur Talwar.  

2013  

November 2013: The couple was ​ convicted for the double-murder and sentenced to life imprisonment ​ b y a special Central Bureau of Investigation court in Ghaziabad. 

October 12: The Allahabad High Court ​ acquitted the dentist couple Rajesh and Nupur Talwar giving them the benefit of doubt. 

RESEARCH  SCOPE  AND  OBJECTIVE 

The objective is to determine whether the judgment passed by the CBI Court was in the light of justice and the investigation conducted by the police was correct or not. 

The scope is limited to the facts and investigation procedure and the analysis is drawn from the personal research and not from the judgment passed by the CBI Special Court or High Court through Doctrinal Research.

HYPOTHESIS 

Media is the eye, ear and mouth of the society. It has social power and responsibilities which it is entitled to perform. Media covered the double murder case of Aarushi Talwar and Hemraj and it was at the press conference that senior officers of the Noida police accused the Talwar couple and their deceased daughter of dubious character. It was because of the unrelenting media pressure and the faulty investigation conducted by the Noida police that everyone accused Rajesh Talwar of the murders. 

RESEARCH  QUESTIONS 

• Whether the issue of the process by the Magistrate under Section 204 of Criminal Procedure Code was valid, after the supreme investigating agency, Central Bureau of Investigation in its end report prayed for the closure of the case due to lack of substantial evidence? 
• Whether the investigation conducted by the Investigating agency was questionable? 
• Whether a person can be convicted based on the last seen theory without substantial evidence?
• Whether a crime can be established without ​ mens rea ​ or motive?
• Whether the Narco- Analysis Test is admissible? 

CHAPTERIZATION  

• Issue of process 

In February 2011 the Magistrate issued a summoning order to the parents of the victim even when CBI’s end report prayed for the closure of the case and Dr. Rajesh Talwar, father of victim Aarushi Talwar had prayed for further investigation. The parents filed a revision petition before the High Court of Allahabad which was dismissed and thus they approached the Supreme Court by filing a Special Leave Petition questioning the summoning order. 

• Issue of process under the statute 

Section 204 of CrPC states that any Magistrate can take cognizance of an offence and issue the process when he is satisfied that sufficient ground for proceeding exists. There is no legal requirement in Section 204 to record the reasons for issuing process. However, the Magistrate who issued the summoning order passed a reasoned order. Under Section 204 Magistrate has to form an opinion that there was sufficient ground for proceeding and the opinion had to be formed judicially and here through reasoned order Magistrate has already fulfilled the statutory obligation by expressing sufficient grounds for proceeding. 

• Landmark judgments supporting the contention 

In the case of ​ Kanti Bhadra Saha v. State of West Bengal [1] , it was held that there is no legal requirement that the Trial Court should write an order showing the reasons for framing a charge. It is completely unnecessary to give reasons for issuing the process. 

In the case of ​ Dy. Chief Controller of Imports and Exports v. Roshanlal Agarwal and   Ors [2] , the court concluded that in determining the question whether any process is to be issued or not, the only criteria is that the Magistrate has to be satisfied that there is sufficient ground for proceeding and not sufficient ground for conviction. 

In the case of ​ Bhushan Kumar and Another v. State (NCT of Delhi) and Another [3] , the court held that a summon is a process issued by a court calling upon a person to appear before the Magistrate. Section 204 of the Code does not mandate the Magistrate to explicitly state the reasons for issuance of summons. It clearly states that if in the opinion of the Magistrate taking cognizance of an offence there is sufficient ground for proceeding, the summons may be issued. 

In the instant case, the next question is whether Magistrate had sufficient grounds for proceedings against the parents of the victim. In the summon order the Magistrate had clearly mentioned the fact that the Talwar resident was inhabited by four people of which two were dead and there was no sign of forced entry and thus the other two might have further information. 

• The question in the investigation began when the investigation was under the Noida police. The Noida police collected the Scotch bottle, blood-stained bedsheets and pillow cases from the Talwar house and the bed-sheet that covered Hemraj’s body, however, they labeled them in such a way that the forensic results were confusing. They could not get a clear fingerprint from the bottle of Scotch. Talwar’s neighbors pointed the blood stains leading to the terrace. Initially, police dismissed those stains and called them “paan stains” which could have been the blood of the victims or the murderer. They were wiped and cleaned. The journalists were allowed to walk all over the terrace and click photographs thus contaminating the evidence. CBI collected bloodied water from the cooler and scraped the blood stains from the roof which were earlier missed by the Noida police. The investigating team created a lot of confusion regarding the blood of Hemraj found on the pillow cover. The defence said the pillow cover was recovered from Krishna’s room but the prosecution claimed it was recovered from Aarushi’s room. Thus one of the most incriminating evidence was also contaminated. The post-mortem report did not mention any sexual assault on Aarushi however, Dr. Sunil Dhore in his testimony later talked about open vaginal cavity and white discharge. Dr. Naresh Raj presumed that Hemraj’s penis was swollen because he was either in the middle of or about to have sexual intercourse. There was no medical reason behind his presumption thus it was a medical blasphemy. CBI collected the clothes that the Talwar’s were wearing on the night of the crime which was completely ignored by the Noida police. The police never collected the sample section of a wall existing between the room of the victim and her parents and thus the theories of parents being able to or not being able to hear the sound from their daughter’s room could not be proved. The CBI never tried to gather evidence based on the narco-analysis test of Krishna and Rajkumar. The first CBI team claimed them to be the murderers, on the other hand, the second team had put the onus on the Talwars. Investigating reports of two teams of one agency were contradicting each other.
• Last seen theory is a jurisprudential concept where the accused can be proven guilty
• The chain of events was not broken. 
• The guilt of the accused was established. 

Statutory provisions stutting this concept are: 

Section 106 of the Indian Evidence Act states that the burden of proof lies on the person who has the knowledge of the fact. 

Section 114 of the Indian Evidence Act states that the Court may presume the existence of any fact which it thinks likely to have happened, regard being had to the common course of natural events, human conduct and public and private business, in their relation to the facts of the particular case. 

In this case, since the parents were the only 2 surviving inhabitants of the house, the burden of proof was shifted from prosecution to them as the court held that they could only hold the knowledge of the crime. The court presumed that the parents weren’t sleeping as the internet router was turned on quite a few times that night. 

In the case of ​ Satpal Singh v. State of Haryana ​, judgment dated 1​st May 2018 the Division Bench of the Supreme Court has fundamentally stated that last seen theory as a facet of circumstantial evidence is a weak kind of evidence if the conviction is to be solely based on it. The courts held that this theory is not sufficient in the absence of direct evidence. However, this theory is applicable when the motive is established and the chain of circumstances is proved beyond a reasonable doubt through corroborative evidence. 

In the case of ​ Hemraj Laxman Gondane v. The state of Maharashtra [4] , the court held that the conviction recorded merely on the theory of last seen together cannot be maintained merely on a suspicion however strong it may be or on the conduct of the accused. 

In the case of Ravinder Prakash and Another v. State of Haryana [5] , the link in the chain of circumstances must not be broken in order to convict the accused. 

Even though the parents were the only people in the house who have seen both the victims, the facts that invalidate this theory in this case are: 

• The narco-analysis test of Krishna Thandarai, where he admitted his presence in the Talwar’s residence on the night of the crime was ignored. 
• The footprints found in the bed room of Aarushi Talwar did not match either of the parents. 
• Since the body of Hemraj was found on the terrace and the house door was locked from outside, the parents definitely couldn’t have been involved in the incident and the clear chain of circumstances couldn’t be established. 
• The room of the Hemraj had two doors, one opened in the flat and the other outside the house, thus the culprit could have entered from the other door and thus, the clear chain of circumstances couldn’t be established. 
• The prosecution couldn’t prove the guilt of the accused parents. 

4. MENS REA: 

Actus Non Facit Reum Nisi Mens Sit Rea is the Latin maxim which means the act itself doesn’t constitute the guilt unless done with a guilty mind. 

Crime can be divided into two parts: 

1.Actus Reus: the criminal act and 

2.Mens Rea: the intention or motive behind the crime.

The accused cannot be convicted without the guilty mind being established. In this case, the prosecution couldn’t prove the motive of the Parents to kill their own daughter. The prosecution put forth the hypothesis that they found their daughter in a compromising position with their servant and thus, in a fit of rage they killed both of them, however, no evidence was found to support this contention. 

In [6] the case of ​ Deep Kalra v. State of Maharashtra and Another 6 , the court held that in the absence of Mens Rea, the alleged offence is not maintainable against the applicants. 

In the cases of ​ Jagannath v. State of West Bengal 7 , M. Mammutti v. State of Karnataka [7] it was settled that Mens Rea can be ascertained by evidence but not presumed.

 The Narco-analysis test of the parents further proved that they were not involved in the crime. 

5. In this case, two sets of narco-analysis tests were conducted that

• that of parents where no link with the murder could be established. 
• that of Krishna and 2 other servants where a fierce link with the crime was established.

 Narco-analysis, Brain Electrical Activation Profile (BEAP), Functional Magnetic Resonance Imaging (fMRI) and Polygraph are those boons of modern medical science which are being followed as an alternative to third-degree to tap out information that can be used as evidence out of the accused.

The constitutional validity of the narco-analysis test was discussed in the case of ​ Selvi v. State of Karnataka [8] , Supreme Court held these tests to be violative of Article 20(3) i.e., right against self-incrimination. The protection awarded to an accused insofar as it is related to the phrase ‘to be a witness’ is not merely in respect of testimonial compulsion in the courtroom but may well extend to compelled testimony previously obtained from him. This phrase is not confined to oral testimony and it includes certain non-verbal forms of conduct such as the production of documents and the making of intelligible gestures. An important statutory development in our legal system was the introduction of provisions for medical examination with the overhauling of the CrPC 1973. Section 53 & 54 of the CrPC (recommended by the 37th and 41st law commission reports) contemplate the medical examination of a person who has been arrested either at the instance of the investigating officer or even the arrested person himself or at the direction of the jurisdictional court. Section 53 contemplates the use of force as is reasonably necessary for conducting a medical examination. Also, an explanation to this section should be read so as to confine its meaning to include only those tests which involve the examination of physical evidence and does not include forms of medical examination that include testimonial acts. The results of the impugned tests are testimonial acts for the purpose of invoking the right against self-incrimination’.The court also held these techniques to be violative of the right to privacy and due process of law. 

Reasons why these tests should be allowed to be conducted:

• In the process of extracting information, these can help the investigating agencies to prevent criminal activities in the future and in circumstances wherein it becomes difficult to gather evidence through ordinary means.
• These tests cause no bodily harm by their application and that the extracted information will be used only for strengthening investigation efforts and will not be admitted as evidence during the trial stage.
• This will lead to improvements in fact-finding during the investigation stage and thereby helping to increase the rate of prosecution as well as the rate of acquittal. 

The admissibility of these tests will amount to self-incrimination, however, if they are used only for extracting further information where the physical investigation leads to a dead end as in the case of Aarushi’s death these tests should be allowed and further investigation should be made in this regard. 

CONCLUSION 

A high profile case, such as this, attracts a lot of attention and this case drew a significant amount of attention from the media and the public. Analyzing the horrendous double murder case of 2008 and its investigation, we consider the CBI Special Court to be unjust as a clear chain of events could not be established by the investigating agency. The clear motive of the crime was also not proved against the parents. There was no substantive evidence and all the hypothetical situations put forth by the prosecution could not be proved. 

It is difficult to avoid external pressure in such a high profile case and thus a sense of belief is to be put in the judicial system so that justice can be served to the victims and their families by the Supreme Court. 

[1] (2000)1 SCC 722

[2] (2003) 4 SCC 139

[3] Criminal Appeal no. 612 of 2012

[4] Criminal Appeal No. 737 of 2004

[5] (2002) 8 SCC 426

[6] Decided on 16​th August, 2019 ​          Decided on 14​th August,2019 ​              

[7] AIR 1979 SC 1705

[8] 2010(7) SCC 263

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

Notify me of follow-up comments by email.

Notify me of new posts by email.

What Is a Narcoanalysis Test?

Representative image of the human brain: Alina Grubnyak/Unsplash.

The gang-rape and murder of the 19-year-old woman in Hathras, Uttar Pradesh, allegedly by four upper caste men, has sparked outrage around the country. After reports of the incident hit the national headlines, Uttar Pradesh chief minister Yogi Adityanath ordered narcoanalysis tests of all the people connected with the case.

That the order also applies to the victim’s family has led to considerable controversy, together with attempts by state police to elide evidence of rape altogether and claims by the government that the incident was manufactured to tarnish its reputation.

Narcoanalysis as an investigative tool has been a controversial topic for decades. The test presumes to place its subject into a ‘hypnotic state’ by injecting anaesthetic drugs of specific dosages. It is assumed that in this state, the person’s imagination is neutralised and that she will then divulge information that she believes to be true to her knowledge. It’s seen as a means of obtaining information in circumstances that require an urgent response from the person.

The test is usually conducted by a team comprising “an anesthesiologist, a psychiatrist, a clinical/forensic psychologist, an audio/videographer and supporting nursing staff” ( source ). They monitor the patient’s vitals, including blood pressure and pulse rate, throughout the session and the entire procedure is documented for the record. And before beginning the test, it is mandatory that the person being tested has consented to it and knows and understands the entire procedure.

Those who conduct these tests have been known to prefer thiopental sodium (PDF download) as the narcotic agent since it is also frequently used as a general anaesthetic. It is a fast-acting drug: a person who receives an intravenous dose (of suitable quantity) typically loses consciousness within seconds.

It’s important to maintain an appropriate dosage of the drug to ensure the person remains at a particular stage of anaesthesia.

There are four stages of anaesthesia. In the first stage, the person begins ‘going under’ and to feel the drug’s effects. In the second, the person becomes semiconscious and enters a trance-like state. If the drug is being administered continuously, the person will subsequently enter the third stage – complete unconsciousness. If the dose is increased beyond this point, the fourth stage begins, of coma and eventually death.

During narcoanalysis tests, the person is to be maintained in the second stage – a hypnotic state. Researchers have hypothesised that, in this state, thiopental sodium produces an effect akin to hypnosis as well as, through certain neurological processes, makes it harder for the person to lie. The interview begins when the person’s speech begins to slur .

Thiopental sodium belongs to a class of drugs called barbiturates , which depress the central nervous system and slow down brain activity. They have these effects because they imitate one of the chemicals that the human brain produces naturally when it wants to calm the body: gamma-aminobutyric acid (GABA). The barbiturates bind to the GABA cell receptors and induce the person into a trance-like state by dialling down their fear and anxiety. At this point, the idea is that it will be hard for the brain to carry out complex thought processes, including deciding which question to answer and lying.

Although members of the criminal justice system, and other others, have been excited by the prospect of a drug that can prevent people from lying, there is a more considerable body of literature that encourages skepticism about the method’s efficacy.

Several critics have expressed concerns that the test isn’t 100% accurate. For example, a person addicted to drugs or alcohol is expected to also have a high tolerance of thiopental sodium, may pretend to be in a semiconscious state and could retain the ability to deceive. It is also quite complicated to maintain an exact dose of the drug according to an individual’s will-power or attitude. Finally, innocent subjects could become suggestible and even share information they are not required to.

In addition, many medical professionals deem thiopental sodium to be dangerous if not administered in judicious amounts. An inappropriate dose or use of the drug could suddenly lower blood pressure and cease respiration, so narcoanalysis is very risky for people with respiratory ailments like asthma .

Narcoanalysis tests also pose several legal, ethical and medical questions . As a result, they have also received considerable attention for straddling two distinct worlds and distinct goals: efficient investigative practices and the preservation of individual liberties. So in May 2010 , the Supreme Court of India held that involuntary administration of such ‘lie-detecting’ tests intrudes on one’s mental privacy.

Niranjana Rajalakshmi  is a veterinary microbiologist.

Silence of the Wolves: How Human Landscapes Alter Howling Behaviour

After Intense Debates About Timelines, Next IPCC Synthesis Report to Arrive in 2029

Why We Shouldn’t Lose Our Minds Over Sleep

Breast Cancer Can Bring Financial Ruin in India

• The Sciences
• Environment

• Know the Law
• Explained | Shraddha Walker Case:...

Explained | Shraddha Walker Case: Narco-Analysis Test And Legal Position

1 Dec 2022 7:12 AM GMT

Aaftab Amin Poonawala, who is accused of the gruesome murder of his live-in partner Shraddha Walker, was taken to a hospital in Delhi's Rohini on Thursday for a narco-analysis test. The scientific technique is used to elicit concealed information from an accused in a criminal case for furtherance of investigation. But what are the implications of such investigative tools in criminal cases?...

Aaftab Amin Poonawala, who is accused of the gruesome murder of his live-in partner Shraddha Walker, was taken to a hospital in Delhi's Rohini on Thursday for a narco-analysis test. The scientific technique is used to elicit concealed information from an accused in a criminal case for furtherance of investigation. But what are the implications of such investigative tools in criminal cases? Does it violate a person's right against self incrimination under Article 20(3)? 

Narco Analysis

According to a research paper available on National Library Of Medicine, the test involves intravenous administration of drugs that cause the person to enter into various stages of anaesthesia. It is stated that since the subject becomes less inhibited due to use of drugs, he is more likely to divulge information in response to the questions of the investigator. However, the results of such a technique vary from subject to subject.

The Narco test has always been a subject of legal and ethical debate that whether it violates the fundamental rights of a subject and to what extent the extracted information can be used during trial against the accused. In many cases the accused themselves have sought the narco test to prove their innocence.

Involuntary Narco Analysis Offends Right Against Self-Incrimination

The legal question regarding the use of scientific techniques like narco analysis and polygraph examination was discussed extensively by the Supreme Court in a judgement delivered in 2010. The court in the ruling made it clear that the test results of such techniques cannot be admitted as evidence.

In Smt. Selvi & Ors versus State Of Karnataka , the bench headed by then CJI K.G. Balakrishnan said a subject of narco-analysis test is "encouraged to speak in a drug-induced state" and that there is no reason why such an act should be treated any differently from the verbal answers given during ordinary interrogation

The court in the ruling said if admission of involuntary statement is permitted on the ground that at the time of asking a question it is not known whether the answer will be inculpatory or exculpatory, the 'right against self-incrimination' will be rendered meaningless.

"The law confers on 'any person' who is examined during an investigation, an effective choice between speaking and remaining silent. This implies that it is for the person being examined to decide whether the answer to a particular question will eventually prove to be inculpatory or exculpatory. Furthermore, it is also likely that the information or materials collected at an earlier stage of investigation can prove to be inculpatory in due course."

The court had also said that provisions under CrPC which allow medical examination of an accused for the purposes of investigation do "not enumerate certain other forms of medical examination that involve testimonial acts, such as psychiatric examination among others".

Thus, it had rejected the argument that 'and such other tests' in Explanation to Sections 53, 53-A and 54 of the CrPC should also include narco analysis technique, polygraph examination and the BEAP test.

"Our conclusion is that the results obtained through the involuntary administration of either of the impugned tests (i.e. the narcoanalysis technique, polygraph examination and the BEAP test) come within the scope of 'testimonial compulsion', thereby attracting the protective shield of Article 20(3)," the court had ruled.

The court had also expressed concern over public distribution of the narco-analysis interview, saying such actions can expose the subject to undue social stigma and specific risk. "It may even encourage acts of vigilantism in addition to a 'trial by media'," the bench had observed.

It was also held in the judgement that subjecting a person to the techniques in an involuntary manner violates the prescribed boundaries of privacy. Forcible interference with a person's mental processes is not provided for under any statute and it most certainly comes into conflict with the right against self-incrimination, according to the apex court.

The court had also held that compulsory administration of the impugned techniques constitutes 'cruel, inhuman or degrading treatment' in the context of Article 21.

Voluntary Narco Analysis

However, the court in the ruling had said voluntary administration of the three techniques can be done provided that certain safeguards are in place.

"Even when the subject has given consent to undergo any of these tests, the test results by themselves cannot be admitted as evidence because the subject does not exercise conscious control over the responses during the administration of the test," the apex court held.

However, it clarified that any information or material that is subsequently discovered with the help of "voluntary administered test results" can be admitted in evidence, in accordance with Section 27 of the Evidence Act.

Recent Rulings

A 68-year-old man, an accused in a rape case, in 2021 approached the Kerala High Court and asked to be subjected to narco test. The trial against the accused was at stage of defence evidence. His counsel in the case argued that he is an hapless old man who has been accused of an offence with reverse burden of proof and wants to undergo voluntary narco analysis.

Justice M.R. Anitha , while dismissing the petition, said the possibility of some persons concocting fanciful stories in the course of hypnotic stage also cannot be ignored. The possibility of the testimony being not voluntary even if the person freely consents to undergo the test also is there, the court said.

"Even if the petitioner voluntarily submits for subjecting himself for Narco Analysis Test, there is no guarantee that the statements would be voluntary. So even if the court permits the petitioner to undergo a Narco Analysis test, it has no acceptability in the eye of law," the court said in the ruling.

Similarly, the Madhya Pradesh High Court in  Vipin Kushwaha vs The State Of Madhya Pradesh said permitting the applicant to undergo Narco Analysis Test would be a futile exercise as the same is not admissible as evidence.

Delhi High Court in March 2017, while relying on Bombay High Court's decision in Yogesh @ Charu Ananda Chandane Vs. The State of Maharashtra , dismissed a POCSO accused's petition for Polygraph/Narco Analysis/Brain Mapping Test on him. Bombay High Court in the 2016 ruling observed that evidence recorded in the course of Narco Analysis Test or Polygraph Test is not an admissible evidence and it would be a hazardous situation to permit any/every accused to undergo Narco Analysis Test for proving his defence.

On November 03, Andhra Pradesh High Court set aside a trial court order directing accused in a case to undergo Narco Analysis Test in a case dating back to 2008. The court said the Additional Chief Metropolitan Magistrate's order is not tenable under law.

Karnataka High Court on September 02 rejected the prosecution's petition seeking narco-analysis of the accused in a cheating case. The accused had earlier declined consent for the test and the trial court had thus rejected the application. The high court in a 2017 ruling had observed that law has not yet so developed for a court to direct the accused to undergo the said medical examination without his consent.

However, Rajasthan High Court on August 18 in Sunil Bhati vs State Of Rajasthan allowed a man's petition for narco-analysis test, observing that by no stretch of imagination, it can be said that a scientific technique, like a Narco Analysis Test, is of no consequence for the result of the trial of the accused.

"This Court, however, does not wish to enter into the degree of relevance of such a test, but certainly finds that such a scientific technique, which is recognized by the strength of law in the courts and in the legal system of the Country, and is crystallised by the Hon'ble Apex Court in the landmark case of Selvi (supra) wherein the Hon'ble Apex Court has held that the voluntary administration of such scientific techniques in the context of criminal justice may be permitted, and therefore, the same cannot be denied to the petitioner as it would amount to depriving him of the valuable right to defend himself during the trial," Justice Pushpendra Singh Bhati said in the ruling.

• Search Menu

Sign in through your institution

• Browse content in Arts and Humanities
• Browse content in Archaeology
• Anglo-Saxon and Medieval Archaeology
• Archaeological Methodology and Techniques
• Archaeology by Region
• Archaeology of Religion
• Archaeology of Trade and Exchange
• Biblical Archaeology
• Contemporary and Public Archaeology
• Environmental Archaeology
• Historical Archaeology
• History and Theory of Archaeology
• Industrial Archaeology
• Landscape Archaeology
• Mortuary Archaeology
• Prehistoric Archaeology
• Underwater Archaeology
• Urban Archaeology
• Zooarchaeology
• Browse content in Architecture
• Architectural Structure and Design
• History of Architecture
• Residential and Domestic Buildings
• Theory of Architecture
• Browse content in Art
• Art Subjects and Themes
• History of Art
• Industrial and Commercial Art
• Theory of Art
• Biographical Studies
• Byzantine Studies
• Browse content in Classical Studies
• Classical History
• Classical Philosophy
• Classical Mythology
• Classical Literature
• Classical Reception
• Classical Art and Architecture
• Classical Oratory and Rhetoric
• Greek and Roman Papyrology
• Greek and Roman Epigraphy
• Greek and Roman Law
• Greek and Roman Archaeology
• Late Antiquity
• Religion in the Ancient World
• Digital Humanities
• Browse content in History
• Colonialism and Imperialism
• Diplomatic History
• Environmental History
• Genealogy, Heraldry, Names, and Honours
• Genocide and Ethnic Cleansing
• Historical Geography
• History by Period
• History of Emotions
• History of Agriculture
• History of Education
• History of Gender and Sexuality
• Industrial History
• Intellectual History
• International History
• Labour History
• Legal and Constitutional History
• Local and Family History
• Maritime History
• Military History
• National Liberation and Post-Colonialism
• Oral History
• Political History
• Public History
• Regional and National History
• Revolutions and Rebellions
• Slavery and Abolition of Slavery
• Social and Cultural History
• Theory, Methods, and Historiography
• Urban History
• World History
• Browse content in Language Teaching and Learning
• Language Learning (Specific Skills)
• Language Teaching Theory and Methods
• Browse content in Linguistics
• Applied Linguistics
• Cognitive Linguistics
• Computational Linguistics
• Forensic Linguistics
• Grammar, Syntax and Morphology
• Historical and Diachronic Linguistics
• History of English
• Language Evolution
• Language Reference
• Language Acquisition
• Language Variation
• Language Families
• Lexicography
• Linguistic Anthropology
• Linguistic Theories
• Linguistic Typology
• Phonetics and Phonology
• Psycholinguistics
• Sociolinguistics
• Translation and Interpretation
• Writing Systems
• Browse content in Literature
• Bibliography
• Children's Literature Studies
• Literary Studies (Romanticism)
• Literary Studies (American)
• Literary Studies (Asian)
• Literary Studies (European)
• Literary Studies (Eco-criticism)
• Literary Studies (Modernism)
• Literary Studies - World
• Literary Studies (1500 to 1800)
• Literary Studies (19th Century)
• Literary Studies (20th Century onwards)
• Literary Studies (African American Literature)
• Literary Studies (British and Irish)
• Literary Studies (Early and Medieval)
• Literary Studies (Fiction, Novelists, and Prose Writers)
• Literary Studies (Gender Studies)
• Literary Studies (Graphic Novels)
• Literary Studies (History of the Book)
• Literary Studies (Plays and Playwrights)
• Literary Studies (Poetry and Poets)
• Literary Studies (Postcolonial Literature)
• Literary Studies (Queer Studies)
• Literary Studies (Science Fiction)
• Literary Studies (Travel Literature)
• Literary Studies (War Literature)
• Literary Studies (Women's Writing)
• Literary Theory and Cultural Studies
• Mythology and Folklore
• Shakespeare Studies and Criticism
• Browse content in Media Studies
• Browse content in Music
• Applied Music
• Dance and Music
• Ethics in Music
• Ethnomusicology
• Gender and Sexuality in Music
• Medicine and Music
• Music Cultures
• Music and Media
• Music and Religion
• Music and Culture
• Music Education and Pedagogy
• Music Theory and Analysis
• Musical Scores, Lyrics, and Libretti
• Musical Structures, Styles, and Techniques
• Musicology and Music History
• Performance Practice and Studies
• Race and Ethnicity in Music
• Sound Studies
• Browse content in Performing Arts
• Browse content in Philosophy
• Aesthetics and Philosophy of Art
• Epistemology
• Feminist Philosophy
• History of Western Philosophy
• Metaphysics
• Moral Philosophy
• Non-Western Philosophy
• Philosophy of Language
• Philosophy of Mind
• Philosophy of Perception
• Philosophy of Science
• Philosophy of Action
• Philosophy of Law
• Philosophy of Religion
• Philosophy of Mathematics and Logic
• Practical Ethics
• Social and Political Philosophy
• Browse content in Religion
• Biblical Studies
• Christianity
• East Asian Religions
• History of Religion
• Judaism and Jewish Studies
• Qumran Studies
• Religion and Education
• Religion and Health
• Religion and Politics
• Religion and Science
• Religion and Law
• Religion and Art, Literature, and Music
• Religious Studies
• Browse content in Society and Culture
• Cookery, Food, and Drink
• Cultural Studies
• Customs and Traditions
• Ethical Issues and Debates
• Hobbies, Games, Arts and Crafts
• Natural world, Country Life, and Pets
• Popular Beliefs and Controversial Knowledge
• Sports and Outdoor Recreation
• Technology and Society
• Travel and Holiday
• Visual Culture
• Browse content in Law
• Arbitration
• Browse content in Company and Commercial Law
• Commercial Law
• Company Law
• Browse content in Comparative Law
• Systems of Law
• Competition Law
• Browse content in Constitutional and Administrative Law
• Government Powers
• Judicial Review
• Local Government Law
• Military and Defence Law
• Parliamentary and Legislative Practice
• Construction Law
• Contract Law
• Browse content in Criminal Law
• Criminal Procedure
• Criminal Evidence Law
• Sentencing and Punishment
• Employment and Labour Law
• Environment and Energy Law
• Browse content in Financial Law
• Banking Law
• Insolvency Law
• History of Law
• Human Rights and Immigration
• Intellectual Property Law
• Browse content in International Law
• Private International Law and Conflict of Laws
• Public International Law
• IT and Communications Law
• Jurisprudence and Philosophy of Law
• Law and Politics
• Law and Society
• Browse content in Legal System and Practice
• Courts and Procedure
• Legal Skills and Practice
• Primary Sources of Law
• Regulation of Legal Profession
• Medical and Healthcare Law
• Browse content in Policing
• Criminal Investigation and Detection
• Police and Security Services
• Police Procedure and Law
• Police Regional Planning
• Browse content in Property Law
• Personal Property Law
• Study and Revision
• Terrorism and National Security Law
• Browse content in Trusts Law
• Wills and Probate or Succession
• Browse content in Medicine and Health
• Browse content in Allied Health Professions
• Arts Therapies
• Clinical Science
• Dietetics and Nutrition
• Occupational Therapy
• Operating Department Practice
• Physiotherapy
• Radiography
• Speech and Language Therapy
• Browse content in Anaesthetics
• General Anaesthesia
• Neuroanaesthesia
• Clinical Neuroscience
• Browse content in Clinical Medicine
• Acute Medicine
• Cardiovascular Medicine
• Clinical Genetics
• Clinical Pharmacology and Therapeutics
• Dermatology
• Endocrinology and Diabetes
• Gastroenterology
• Genito-urinary Medicine
• Geriatric Medicine
• Infectious Diseases
• Medical Toxicology
• Medical Oncology
• Pain Medicine
• Palliative Medicine
• Rehabilitation Medicine
• Respiratory Medicine and Pulmonology
• Rheumatology
• Sleep Medicine
• Sports and Exercise Medicine
• Community Medical Services
• Critical Care
• Emergency Medicine
• Forensic Medicine
• Haematology
• History of Medicine
• Browse content in Medical Skills
• Clinical Skills
• Communication Skills
• Nursing Skills
• Surgical Skills
• Browse content in Medical Dentistry
• Oral and Maxillofacial Surgery
• Paediatric Dentistry
• Restorative Dentistry and Orthodontics
• Surgical Dentistry
• Medical Ethics
• Medical Statistics and Methodology
• Browse content in Neurology
• Clinical Neurophysiology
• Neuropathology
• Nursing Studies
• Browse content in Obstetrics and Gynaecology
• Gynaecology
• Occupational Medicine
• Ophthalmology
• Otolaryngology (ENT)
• Browse content in Paediatrics
• Neonatology
• Browse content in Pathology
• Chemical Pathology
• Clinical Cytogenetics and Molecular Genetics
• Histopathology
• Medical Microbiology and Virology
• Patient Education and Information
• Browse content in Pharmacology
• Psychopharmacology
• Browse content in Popular Health
• Caring for Others
• Complementary and Alternative Medicine
• Self-help and Personal Development
• Browse content in Preclinical Medicine
• Cell Biology
• Molecular Biology and Genetics
• Reproduction, Growth and Development
• Primary Care
• Professional Development in Medicine
• Browse content in Psychiatry
• Addiction Medicine
• Child and Adolescent Psychiatry
• Forensic Psychiatry
• Learning Disabilities
• Old Age Psychiatry
• Psychotherapy
• Browse content in Public Health and Epidemiology
• Epidemiology
• Public Health
• Browse content in Radiology
• Clinical Radiology
• Interventional Radiology
• Nuclear Medicine
• Radiation Oncology
• Reproductive Medicine
• Browse content in Surgery
• Cardiothoracic Surgery
• Gastro-intestinal and Colorectal Surgery
• General Surgery
• Neurosurgery
• Paediatric Surgery
• Peri-operative Care
• Plastic and Reconstructive Surgery
• Surgical Oncology
• Transplant Surgery
• Trauma and Orthopaedic Surgery
• Vascular Surgery
• Browse content in Science and Mathematics
• Browse content in Biological Sciences
• Aquatic Biology
• Biochemistry
• Bioinformatics and Computational Biology
• Developmental Biology
• Ecology and Conservation
• Evolutionary Biology
• Genetics and Genomics
• Microbiology
• Molecular and Cell Biology
• Natural History
• Plant Sciences and Forestry
• Research Methods in Life Sciences
• Structural Biology
• Systems Biology
• Zoology and Animal Sciences
• Browse content in Chemistry
• Analytical Chemistry
• Computational Chemistry
• Crystallography
• Environmental Chemistry
• Industrial Chemistry
• Inorganic Chemistry
• Materials Chemistry
• Medicinal Chemistry
• Mineralogy and Gems
• Organic Chemistry
• Physical Chemistry
• Polymer Chemistry
• Study and Communication Skills in Chemistry
• Theoretical Chemistry
• Browse content in Computer Science
• Artificial Intelligence
• Computer Architecture and Logic Design
• Game Studies
• Human-Computer Interaction
• Mathematical Theory of Computation
• Programming Languages
• Software Engineering
• Systems Analysis and Design
• Virtual Reality
• Browse content in Computing
• Business Applications
• Computer Security
• Computer Games
• Computer Networking and Communications
• Digital Lifestyle
• Graphical and Digital Media Applications
• Operating Systems
• Browse content in Earth Sciences and Geography
• Atmospheric Sciences
• Environmental Geography
• Geology and the Lithosphere
• Maps and Map-making
• Meteorology and Climatology
• Oceanography and Hydrology
• Palaeontology
• Physical Geography and Topography
• Regional Geography
• Soil Science
• Urban Geography
• Browse content in Engineering and Technology
• Agriculture and Farming
• Biological Engineering
• Civil Engineering, Surveying, and Building
• Electronics and Communications Engineering
• Energy Technology
• Engineering (General)
• Environmental Science, Engineering, and Technology
• History of Engineering and Technology
• Mechanical Engineering and Materials
• Technology of Industrial Chemistry
• Transport Technology and Trades
• Browse content in Environmental Science
• Applied Ecology (Environmental Science)
• Conservation of the Environment (Environmental Science)
• Environmental Sustainability
• Environmentalist Thought and Ideology (Environmental Science)
• Management of Land and Natural Resources (Environmental Science)
• Natural Disasters (Environmental Science)
• Nuclear Issues (Environmental Science)
• Pollution and Threats to the Environment (Environmental Science)
• Social Impact of Environmental Issues (Environmental Science)
• History of Science and Technology
• Browse content in Materials Science
• Ceramics and Glasses
• Composite Materials
• Metals, Alloying, and Corrosion
• Nanotechnology
• Browse content in Mathematics
• Applied Mathematics
• Biomathematics and Statistics
• History of Mathematics
• Mathematical Education
• Mathematical Finance
• Mathematical Analysis
• Numerical and Computational Mathematics
• Probability and Statistics
• Pure Mathematics
• Browse content in Neuroscience
• Cognition and Behavioural Neuroscience
• Development of the Nervous System
• Disorders of the Nervous System
• History of Neuroscience
• Invertebrate Neurobiology
• Molecular and Cellular Systems
• Neuroendocrinology and Autonomic Nervous System
• Neuroscientific Techniques
• Sensory and Motor Systems
• Browse content in Physics
• Astronomy and Astrophysics
• Atomic, Molecular, and Optical Physics
• Biological and Medical Physics
• Classical Mechanics
• Computational Physics
• Condensed Matter Physics
• Electromagnetism, Optics, and Acoustics
• History of Physics
• Mathematical and Statistical Physics
• Measurement Science
• Nuclear Physics
• Particles and Fields
• Plasma Physics
• Quantum Physics
• Relativity and Gravitation
• Semiconductor and Mesoscopic Physics
• Browse content in Psychology
• Affective Sciences
• Clinical Psychology
• Cognitive Psychology
• Cognitive Neuroscience
• Criminal and Forensic Psychology
• Developmental Psychology
• Educational Psychology
• Evolutionary Psychology
• Health Psychology
• History and Systems in Psychology
• Music Psychology
• Neuropsychology
• Organizational Psychology
• Psychological Assessment and Testing
• Psychology of Human-Technology Interaction
• Psychology Professional Development and Training
• Research Methods in Psychology
• Social Psychology
• Browse content in Social Sciences
• Browse content in Anthropology
• Anthropology of Religion
• Human Evolution
• Medical Anthropology
• Physical Anthropology
• Regional Anthropology
• Social and Cultural Anthropology
• Theory and Practice of Anthropology
• Browse content in Business and Management
• Business Ethics
• Business Strategy
• Business History
• Business and Technology
• Business and Government
• Business and the Environment
• Comparative Management
• Corporate Governance
• Corporate Social Responsibility
• Entrepreneurship
• Health Management
• Human Resource Management
• Industrial and Employment Relations
• Industry Studies
• Information and Communication Technologies
• International Business
• Knowledge Management
• Management and Management Techniques
• Operations Management
• Organizational Theory and Behaviour
• Pensions and Pension Management
• Public and Nonprofit Management
• Strategic Management
• Supply Chain Management
• Browse content in Criminology and Criminal Justice
• Criminal Justice
• Criminology
• Forms of Crime
• International and Comparative Criminology
• Youth Violence and Juvenile Justice
• Development Studies
• Browse content in Economics
• Agricultural, Environmental, and Natural Resource Economics
• Asian Economics
• Behavioural Finance
• Behavioural Economics and Neuroeconomics
• Econometrics and Mathematical Economics
• Economic History
• Economic Systems
• Economic Methodology
• Economic Development and Growth
• Financial Markets
• Financial Institutions and Services
• General Economics and Teaching
• Health, Education, and Welfare
• History of Economic Thought
• International Economics
• Labour and Demographic Economics
• Law and Economics
• Macroeconomics and Monetary Economics
• Microeconomics
• Public Economics
• Urban, Rural, and Regional Economics
• Welfare Economics
• Browse content in Education
• Adult Education and Continuous Learning
• Care and Counselling of Students
• Early Childhood and Elementary Education
• Educational Equipment and Technology
• Educational Strategies and Policy
• Higher and Further Education
• Organization and Management of Education
• Philosophy and Theory of Education
• Schools Studies
• Secondary Education
• Teaching of a Specific Subject
• Teaching of Specific Groups and Special Educational Needs
• Teaching Skills and Techniques
• Browse content in Environment
• Applied Ecology (Social Science)
• Climate Change
• Conservation of the Environment (Social Science)
• Environmentalist Thought and Ideology (Social Science)
• Natural Disasters (Environment)
• Social Impact of Environmental Issues (Social Science)
• Browse content in Human Geography
• Cultural Geography
• Economic Geography
• Political Geography
• Browse content in Interdisciplinary Studies
• Communication Studies
• Museums, Libraries, and Information Sciences
• Browse content in Politics
• African Politics
• Asian Politics
• Chinese Politics
• Comparative Politics
• Conflict Politics
• Elections and Electoral Studies
• Environmental Politics
• European Union
• Foreign Policy
• Gender and Politics
• Human Rights and Politics
• Indian Politics
• International Relations
• International Organization (Politics)
• International Political Economy
• Irish Politics
• Latin American Politics
• Middle Eastern Politics
• Political Behaviour
• Political Economy
• Political Institutions
• Political Methodology
• Political Communication
• Political Philosophy
• Political Sociology
• Political Theory
• Politics and Law
• Politics of Development
• Public Policy
• Public Administration
• Quantitative Political Methodology
• Regional Political Studies
• Russian Politics
• Security Studies
• State and Local Government
• UK Politics
• US Politics
• Browse content in Regional and Area Studies
• African Studies
• Asian Studies
• East Asian Studies
• Japanese Studies
• Latin American Studies
• Middle Eastern Studies
• Native American Studies
• Scottish Studies
• Browse content in Research and Information
• Research Methods
• Browse content in Social Work
• Addictions and Substance Misuse
• Adoption and Fostering
• Care of the Elderly
• Child and Adolescent Social Work
• Couple and Family Social Work
• Direct Practice and Clinical Social Work
• Emergency Services
• Human Behaviour and the Social Environment
• International and Global Issues in Social Work
• Mental and Behavioural Health
• Social Justice and Human Rights
• Social Policy and Advocacy
• Social Work and Crime and Justice
• Social Work Macro Practice
• Social Work Practice Settings
• Social Work Research and Evidence-based Practice
• Welfare and Benefit Systems
• Browse content in Sociology
• Childhood Studies
• Community Development
• Comparative and Historical Sociology
• Economic Sociology
• Gender and Sexuality
• Gerontology and Ageing
• Health, Illness, and Medicine
• Marriage and the Family
• Migration Studies
• Occupations, Professions, and Work
• Organizations
• Population and Demography
• Race and Ethnicity
• Social Theory
• Social Movements and Social Change
• Social Research and Statistics
• Social Stratification, Inequality, and Mobility
• Sociology of Religion
• Sociology of Education
• Sport and Leisure
• Urban and Rural Studies
• Browse content in Warfare and Defence
• Defence Strategy, Planning, and Research
• Land Forces and Warfare
• Military Administration
• Military Life and Institutions
• Naval Forces and Warfare
• Other Warfare and Defence Issues
• Peace Studies and Conflict Resolution
• Weapons and Equipment

• < Previous chapter
• Next chapter >

3 Narco-analysis: Is It Legal or a Form of Torture?

• Published: February 2020
• Cite Icon Cite
• Permissions Icon Permissions

This chapter mainly focuses on the use of narco-analysis tests on accused/suspects during the investigation and its legality in the country. Although tests like narco-analysis do not have any legal validity, as the responses or confessions from a semi-conscious person are not admissible in court, these tests are still undertaken by the police during investigations. The tests are not 100 per cent accurate. The chapter discusses about the process of the narco-analysis test and discusses its legality under the provisions of the Constitution of India and various other legislations enforced in India, such as the Code of Criminal Procedure, 1973 (CrPC) and Indian Evidence Act, 1872. Further, it critically assesses the narco-analysis test in terms of its adverse effects on one’s health, the accuracy of the test, violation of rights, and mental torture. The narco-analysis test may be a useful and viable tool for investigation and to find information in a potential case rather than using third-degree or custodial violence by the police, but it should also not violate the right of the accused as guaranteed by the Constitution.

Signed in as

Institutional accounts.

• Google Scholar Indexing
• GoogleCrawler [DO NOT DELETE]

Personal account

• Sign in with email/username & password
• Get email alerts
• Save searches
• Purchase content
• Activate your purchase/trial code
• Add your ORCID iD

Institutional access

Sign in with a library card.

• Sign in with username/password
• Recommend to your librarian
• Institutional account management
• Get help with access

Access to content on Oxford Academic is often provided through institutional subscriptions and purchases. If you are a member of an institution with an active account, you may be able to access content in one of the following ways:

IP based access

Typically, access is provided across an institutional network to a range of IP addresses. This authentication occurs automatically, and it is not possible to sign out of an IP authenticated account.

Choose this option to get remote access when outside your institution. Shibboleth/Open Athens technology is used to provide single sign-on between your institution’s website and Oxford Academic.

• Click Sign in through your institution.
• Select your institution from the list provided, which will take you to your institution's website to sign in.
• When on the institution site, please use the credentials provided by your institution. Do not use an Oxford Academic personal account.
• Following successful sign in, you will be returned to Oxford Academic.

If your institution is not listed or you cannot sign in to your institution’s website, please contact your librarian or administrator.

Enter your library card number to sign in. If you cannot sign in, please contact your librarian.

Society Members

Society member access to a journal is achieved in one of the following ways:

Sign in through society site

Many societies offer single sign-on between the society website and Oxford Academic. If you see ‘Sign in through society site’ in the sign in pane within a journal:

• Click Sign in through society site.
• When on the society site, please use the credentials provided by that society. Do not use an Oxford Academic personal account.

If you do not have a society account or have forgotten your username or password, please contact your society.

Sign in using a personal account

Some societies use Oxford Academic personal accounts to provide access to their members. See below.

A personal account can be used to get email alerts, save searches, purchase content, and activate subscriptions.

Some societies use Oxford Academic personal accounts to provide access to their members.

Viewing your signed in accounts

Click the account icon in the top right to:

• View your signed in personal account and access account management features.
• View the institutional accounts that are providing access.

Signed in but can't access content

Oxford Academic is home to a wide variety of products. The institutional subscription may not cover the content that you are trying to access. If you believe you should have access to that content, please contact your librarian.

For librarians and administrators, your personal account also provides access to institutional account management. Here you will find options to view and activate subscriptions, manage institutional settings and access options, access usage statistics, and more.

Our books are available by subscription or purchase to libraries and institutions.

• About Oxford Academic
• Publish journals with us
• University press partners
• What we publish
• New features  
• Open access
• Rights and permissions
• Accessibility
• Advertising
• Media enquiries
• Oxford University Press
• Oxford Languages
• University of Oxford

Oxford University Press is a department of the University of Oxford. It furthers the University's objective of excellence in research, scholarship, and education by publishing worldwide

• Copyright © 2024 Oxford University Press
• Cookie settings
• Cookie policy
• Privacy policy
• Legal notice

This Feature Is Available To Subscribers Only

Sign In or Create an Account

This PDF is available to Subscribers Only

For full access to this pdf, sign in to an existing account, or purchase an annual subscription.

• Firstpost Defence Summit
• Entertainment
• Web Stories
• Health Supplement
• First Sports
• Fast and Factual
• Between The Lines
• Firstpost America

Chequered history of narco test in India: The famous cases that were solved and not solved

Although not regarded as totally reliable, a host of law enforcement agencies around the world use the narco-analysis test or narco test during their investigations as they feel that this method allows them to extract true answers from their subjects

New Delhi: Narco-analysis test or narco test is the process of injecting suspects or witnesses in criminal cases with certain substances in order to extract crucial information which they may have concealed from investigators.

Although not regarded as totally reliable, a host of law enforcement agencies around the world use the narco-analysis test or narco test during their investigations as they feel that this method allows them to extract true answers from their subjects.

The murder of Delhi girl Shraddha Walker by her alleged boyfriend Aftab Amin Poonawala has again brought the issue of narco-analysis test or narco test into the limelight.

What is a narco test?

The substance which is used to conduct a narco test is sodium pentothal, widely known as the ‘truth serum’. During a narco test, this substance is injected into the subject’s body.

The ‘truth serum’ reportedly induces the person injected into a hypnotic state and lowers his self-consciousness, thus enabling him to speak freely without any inhibition.

How is narco test performed?

Narco tests are performed under the supervision of a psychologist along with an investigating officer or a forensic expert.

As narco tests may cause serious health implications, subjects have to undergo a general medical examination to check their condition before being injected with the ’truth serum'.

The dosage of sodium pentothal administered during narco tests varies according to the subject’s age, sex and existing medical conditions they may have. Getting this wrong can lead to dire medical emergencies. Hence, precautions are taken while performing the test.

Subjects are nearly sedated by this drug and reach a semi-conscious state and can answer specific questions.

This test is performed under the guidance and supervision of a psychologist, an investigating officer, or a forensic expert.

Does Indian law permit narco test?

The Supreme Court had earlier ruled that truth-finding tests such as narco tests, polygraph or brain mapping cannot be conducted. However, the Supreme Court had allowed the use of these methods during the investigstion process in some criminal cases.

However, these tests were performed only after obtaining consent from the subjects and with precautionary measures in place.

On the basis of Article 20 of the Indian Constitution, no criminal can be compelled to testify himself. If this happens then the court does not accept it. In this condition only techniques like narco test, brain mapping and lie detectors etc can be effective. Narco test is used by the police when a criminal is not telling the truth.

Let us look at some of the high-profile narco tests conducted in India.

26/11 convict Ajmal Kasab

Perhaps the most successful narco test in India was the one conducted on Pakistani terrorist Ajmal Kasab, who was involved in the 26/11 attacks on Mumbai.

Although Ajmal Kasab had already provided investigators with a detailed account of the 26/11 plan hatched by the Pakistan Army and the Lashkar-e-Taiba (LeT), the crime branch of the Mumbai Police felt that a narco test was needed to glean crucial information that may have been concealed by the captured terrorist.

The narco test on Ajmal Kasab proved to be a resounding success as it revealed valuable information on how the Pakistan Army and various terrorist groups it supports use madrasas to spread false propaganda and brainwash their citizens with the poison of Islamic jihad.

Dawood Ibrahim aide Abu Salem

Mumbai gangster Abu Salem had come up with several crucial revelations regarding the Mumbai underworld and Bollywood during his narco-analysis test in 2007.

2002 Godhra riots

Narco test in India was first conducted during the investigations into the Godhra incident of 2002 which had shaken the entire country. Narco tests were conducted on several prime accused including Bilal Haji, Kasim Abdul Sattar, Abdul Razzaq, Anwar Mohammad and Irfan Siraj.

2007 Hyderabad twin blasts

Narco tests were also conducted on Abdul Kalim and Imran Khan, the accused in the two bomb blasts in Hyderabad in 2007. In these bomb blasts, 42 people were killed and more than 50 were injured.

Aarushi Talwar murder case

In the year 2008, during investigations into the Aarushi Talwar murder case in Noida, narco tests were conducted on three suspects who were employees of the victim’s father Rajesh Talwar - Krishna, Rajkumar and Vijay Mandal.

Narco tests conducted on Nupur and Rajesh Talwar - the parents of Aarushi - also failed to obtain any concrete leads which could help investigators solve the murder case of the teenage girl.

With the narco tests not able to establish any genuine conclusions, the Allahabad High Court had acquitting the Talwars of murder charges on October 12, 2008.

Abdul Karim Telgi fake stamp paper scam

The fake stamp paper scam had created a storm in Maharashtra politics after main accused Abdul Karim Telgi named NCP chief Sharad Pawar and former Maharashtra deputy chief minister Chhagan Bhujbal during a narco test. During the narco test, Abdul Karim Telgi had claimed that he had paid money to the two high-profile politicians.

However, the narco test results became redundant when Abdul Karim Telgi recorded his statement before a chief judicial magistrate, in which he did not mention either Pawar or Bhujbal.

Read all the Latest News , Trending News ,  Cricket News , Bollywood News , India News and Entertainment News here. Follow us on Facebook , Twitter and Instagram .

Find us on YouTube

Related Stories

Viral: Rihanna rules Jamnagar, sets the stage on fire at Anant Ambani-Radhika Merchant's pre-wedding bash

This Week in Explainers: How India has taken a big leap to meet its semiconductor goals

Ladakh standoff: India, China in 'constructive communication' to resolve border issues, says Chinese military

‘Deeply shocked’: India expresses concern at civilian deaths in Gaza during aid delivery

• International
• Today’s Paper
• Premium Stories
• ⏪ Election Rewind
• Express Shorts
• Maharashtra HSC Result
• Brand Solutions

Hathras case: Issues of consent, reliability in narco and polygraph tests

The up government wants to carry out sweeping tests on ‘all people on the accused and victim side’, as well as ‘police officers involved in the (hathras) case and other persons related to the case’. what has the supreme court said on these tests.

A spokesperson for the Uttar Pradesh government said on Friday (October 2) that polygraph and narcoanalysis tests would be conducted as part of the investigation into the alleged gangrape and murder of a 19-year old Dalit woman by four men of the Thakur caste in Hathras last month.

The spokesperson said that the tests would be conducted on “all people on the accused and victim side”, apart from “police officers involved in the case and other persons related to the case”.

What are polygraph and narcoanalysis tests?

A polygraph test is based on the assumption that physiological responses that are triggered when a person is lying are different from what they would be otherwise.

Instruments like cardio-cuffs or sensitive electrodes are attached to the person, and variables such as blood pressure, pulse, respiration, change in sweat gland activity, blood flow, etc., are measured as questions are put to them.

A numerical value is assigned to each response to conclude whether the person is telling the truth, is deceiving, or is uncertain.

A test such as this is said to have been first done in the 19th century by the Italian criminologist Cesare Lombroso, who used a machine to measure changes in the blood pressure of criminal suspects during interrogation. Similar devices were subsequently created by the American psychologist William Marstron in 1914, and by the California police officer John Larson in 1921.

Narcoanalysis, by contrast, involves the injection of a drug, sodium pentothal, which induces a hypnotic or sedated state in which the subject’s imagination is neutralised, and they are expected to divulge information that is true.

The drug, referred to as “truth serum” in this context, was used in larger doses as anaesthesia during surgery, and is said to have been used during World War II for intelligence operations.

More recently, investigating agencies have sought to employ these tests in investigation, and are sometimes seen as being a “softer alternative” to torture or “third degree” to extract the truth from suspects.

However, neither method has been proven scientifically to have a 100% success rate, and remain contentious in the medical field as well.

Are Indian investigators allowed to put accused through these tests?

In ‘Selvi & Ors vs State of Karnataka & Anr’ (2010), a Supreme Court Bench comprising Chief Justice of India K G Balakrishnan and Justices R V Raveendran and J M Panchal ruled that no lie detector tests should be administered “except on the basis of consent of the accused”.

Those who volunteer must have access to a lawyer, and have the physical, emotional, and legal implications of the test explained to them by police and the lawyer, the Bench said.

It said that the ‘Guidelines for the Administration of Polygraph Test on an Accused’ published by the National Human Rights Commission in 2000, must be strictly followed. The subject’s consent should be recorded before a judicial magistrate, the court said.

The results of the tests cannot be considered to be “confessions”, because those in a drugged-induced state cannot exercise a choice in answering questions that are put to them.

However, any information or material subsequently discovered with the help of such a voluntarily-taken test can be admitted as evidence, the court said.

Thus, if an accused reveals the location of a murder weapon in the course of the test, and police later find the weapon at that location, the statement of the accused will not be evidence, but the weapon will be.

The Bench took into consideration international norms on human rights, the right to a fair trial, and the right against self-incrimination under Article 20(3) of the Constitution.

“We must recognise that a forcible intrusion into a person’s mental processes is also an affront to human dignity and liberty, often with grave and long-lasting consequences,” the court said, observing that the state’s plea that the use of such scientific techniques would reduce ‘third degree’ methods “is a circular line of reasoning since one form of improper behaviour is sought to be replaced by another”.

📣 Express Explained  is now on  Telegram . Click here to join our channel (@ieexplained) and stay updated with the latest

Are investigators allowed to put people other than the accused in a criminal investigation — witnesses, victims, their families — through these tests?

The Supreme Court had said in its order 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”, and expanded the same rule to others who can be made to undergo the test only if they consent to it.

It had said that forcing an individual to undergo these tests amounts to an “unwarranted intrusion into personal liberty”, but had left scope for “voluntary administration” of these techniques if the individuals gave consent.

The court examined the scope of Article 20(3), the right against self-incrimination, which states that no accused can be compelled to be a witness against himself.

It said that while this requires a person to be formally named as an accused, other provisions of the Criminal Procedure Code extend this protection to witnesses as well.

With reference to victims, especially of sexual offences, the Bench said that irrespective of the need to expedite the probe in such cases, a victim of an offence cannot be forced to undergo these tests as it would be “an unjustified intrusion into mental privacy and could lead to further stigma for the victim”.

Don’t miss from Explained | What is CBD oil? What are the legalities of its use in India?

In which criminal cases in recent years have these tests been used?

In most cases, investigating agencies seek permission for such tests to be done on accused or suspects, but rarely on victims or witnesses.

Legal experts say that investigating agencies can submit to a court that the tests are being sought to help in their probe but consent or refusal to undergo the tests by an individual do not reflect innocence or guilt.

Most recently, the CBI has sought to conduct these tests on the driver and helper of the truck that hit the Unnao rape victim in Uttar Pradesh in July last year. It also sought to conduct the tests on one accused in the Punjab National Bank alleged fraud case, but the court rejected the plea after the accused did not give consent.

In May 2017, the founder of INX Media , Indrani Mukerjea, who is facing trial for the alleged murder of her daughter Sheena Bora in 2012, had offered to undergo the lie detector test, which was refused by the CBI, stating that they had sufficient evidence against her.

The polygraph test was also conducted on Dr Rajesh Talwar and Dr Nupur Talwar, who were accused of killing their daughter Aayushi and help Hemraj in Noida. The video of the narco analysis test on their compounder, Krishna, had been leaked.

• An Expert Explains: What President Ebrahim Raisi's death means for Iran
• Antarctic Parliament meets in Kochi: What’s on the table?
• After Ebrahim Raisi’s death, why India will be watching Iran’s succession plan unfold

The Supreme Court in its judgment had warned against such leaks, calling it a “worrisome practice”.

History of religion-based reservations & question of Muslims’ inclusion Subscriber Only

A time for para diplomacy Subscriber Only

Journey of a political meme: From digital war room to Subscriber Only

1984 elections: How Rajiv Gandhi’s tenure was marred by struggles Subscriber Only

UPSC Key | Ebrahim Raisi, ESG, ATCM and more Subscriber Only

OpenAI’s GPT-4o has some insane capabilities: 7 use cases Subscriber Only

All We Imagine As Light: How to make it to Subscriber Only

What the upswing in J-K voter turnout could mean for Subscriber Only

Former WHO chief scientist at Idea Exchange Subscriber Only

• Express Explained
• Hathras gangrape
• Uttar Pradesh

Yuzvendra Chahal, a former RCB player, dealt a major blow to the team's hopes of qualifying for Qualifier II. His non-retention in the 2022 auction was a shock, as he was their most consistent bowler and highest wicket-taker. RCB's flawed auction policies, lack of high-grade spinners, and power-hitting troubles were evident in their performance this season.

More Explained

Best of Express

EXPRESS OPINION

May 24: Latest News

• 01 ‘Identified the body of my wife by her ring’; Harrowing experience for kin of those killed in Thane chemical unit blast
• 02 KL Rahul warns Justin Langer out of India head coach gig: ‘If you think there’s pressure and politics in an IPL team, multiply that by a thousand’
• 03 Express Exclusive: Koneru Humpy talks of challenges of motherhood and why she’s too cool for social media
• 04 Kenyan delegation visits MP to review preparations for cheetah reintroduction
• 05 Swargate Bus Depot: Ongoing repair work to fix water chamber blockage inconveniences commuters, disrupts bus ops
• Elections 2024
• Political Pulse
• Entertainment
• Movie Review
• Newsletters
• Web Stories

An unholy alliance: Case studies in narco-terrorism

PDF Version Also Available for Download.

Description

This study is designed both as a case study and a literature-based policy analysis to assist interested parties in gaining a better understanding of controversial “narco-terrorism” phenomenon. The objectives of this study are to show the existing connection between some terrorist organizations and drug trafficking to provide academic information about and explanations for terrorism and drug trafficking, to critically analyze the biases of many current narco-terrorism doctrines and to offer a comprehensive and neutral typology that elucidates all types of narco-terrorism. This thesis is presented in four parts. The first part includes an introduction to narco-terrorism and provides a historical … continued below

Creation Information

Cakir, Reha August 2002.

This thesis is part of the collection entitled: UNT Theses and Dissertations and was provided by the UNT Libraries to the UNT Digital Library , a digital repository hosted by the UNT Libraries . It has been viewed 4159 times, with 26 in the last month. More information about this thesis can be viewed below.

People and organizations associated with either the creation of this thesis or its content.

• Cakir, Reha
• Caeti, Tory J. Committee Chair

Committee Members

• Liederbach, John
• Taylor, Robert W.
• University of North Texas Place of Publication: Denton, Texas

Rights Holder

For guidance see Citations, Rights, Re-Use .

Provided By

Unt libraries.

The UNT Libraries serve the university and community by providing access to physical and online collections, fostering information literacy, supporting academic research, and much, much more.

Descriptive information to help identify this thesis. Follow the links below to find similar items on the Digital Library.

Degree Information

• Name: Master of Science
• Level: Master's
• Discipline: Criminal Justice
• Department: Department of Criminal Justice
• Grantor: University of North Texas

This study is designed both as a case study and a literature-based policy analysis to assist interested parties in gaining a better understanding of controversial “narco-terrorism” phenomenon. The objectives of this study are to show the existing connection between some terrorist organizations and drug trafficking to provide academic information about and explanations for terrorism and drug trafficking, to critically analyze the biases of many current narco-terrorism doctrines and to offer a comprehensive and neutral typology that elucidates all types of narco-terrorism. This thesis is presented in four parts. The first part includes an introduction to narco-terrorism and provides a historical background of drug dilemma and terrorism. A number of definitional and conceptual arguments constituting the backbone of the study are laid out in the second part of the study. Third part consists of case studies of three different insurgent groups. An analysis of the information uncovered and presented in previous chapters and a typology of narco-terrorism are provided in the last part. Thesis is concluded with recommendations in an attempt to inspire useful policies for individuals or institutions operating on the field.

• Narco-terrorism
• drug trafficking

Library of Congress Subject Headings

• Drug abuse and crime.
• Drug traffic.
• Insurgency.
• Thesis or Dissertation

Unique identifying numbers for this thesis in the Digital Library or other systems.

• OCLC : 50448713
• Archival Resource Key : ark:/67531/metadc3264

Collections

This thesis is part of the following collection of related materials.

UNT Theses and Dissertations

Theses and dissertations represent a wealth of scholarly and artistic content created by masters and doctoral students in the degree-seeking process. Some ETDs in this collection are restricted to use by the UNT community .

What responsibilities do I have when using this thesis?

Digital Files

• 124 image files available in multiple sizes
• 1 file (.pdf)
• Metadata API: descriptive and downloadable metadata available in other formats

Dates and time periods associated with this thesis.

Creation Date

• August 2002

Added to The UNT Digital Library

• Sept. 26, 2007, 2:36 a.m.

Description Last Updated

• Dec. 11, 2008, 5:02 p.m.

Usage Statistics

When was this thesis last used?

Interact With This Thesis

Here are some suggestions for what to do next.

Search Inside

• or search this site for other thesis or dissertations

Start Reading

• All Formats

Citations, Rights, Re-Use

• Citing this Thesis
• Responsibilities of Use
• Licensing and Permissions
• Linking and Embedding
• Copies and Reproductions

International Image Interoperability Framework

We support the IIIF Presentation API

Print / Share

Links for robots.

Helpful links in machine-readable formats.

Archival Resource Key (ARK)

• ERC Record: /ark:/67531/metadc3264/?
• Persistence Statement: /ark:/67531/metadc3264/??

International Image Interoperability Framework (IIIF)

• IIIF Manifest: /ark:/67531/metadc3264/manifest/

Metadata Formats

• UNTL Format: /ark:/67531/metadc3264/metadata.untl.xml
• DC RDF: /ark:/67531/metadc3264/metadata.dc.rdf
• DC XML: /ark:/67531/metadc3264/metadata.dc.xml
• OAI_DC : /oai/?verb=GetRecord&metadataPrefix=oai_dc&identifier=info:ark/67531/metadc3264
• METS : /ark:/67531/metadc3264/metadata.mets.xml
• OpenSearch Document: /ark:/67531/metadc3264/opensearch.xml
• Thumbnail: /ark:/67531/metadc3264/thumbnail/
• Small Image: /ark:/67531/metadc3264/small/
• In-text: /ark:/67531/metadc3264/urls.txt
• Usage Stats: /stats/stats.json?ark=ark:/67531/metadc3264

Cakir, Reha. An unholy alliance: Case studies in narco-terrorism , thesis , August 2002; Denton, Texas . ( https://digital.library.unt.edu/ark:/67531/metadc3264/ : accessed May 25, 2024 ), University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu ; .

• IAS Preparation
• UPSC Preparation Strategy

Narco Analysis - UPSC Notes

Narco analysis is a term often heard in news especially with regard to crime and criminal procedures. It is important to understand what the narco analysis test is and its legality in India for the UPSC exam . In this article, you can read all about the narco analysis test.

Narco Analysis Test UPSC Notes:- Download PDF Here

Narco Analysis Introduction

Before the advent of various scientific technologies, the process of investigation and interrogation in India had become defunct and redundant with police mainly relying on methods which should not be permissible in a civilized society.

• With the advent of technologies in various spheres of our lives, criminal interrogation has also adapted to the same to some extent.
• Narco-analysis is one such tool that helps in this regard.
• Narco analysis is a statement made by the accused with the help of some scientific tools which may form a part of the Evidence against him.
• The Evidence Act which is the primary law on admissibility of evidence in a court of law is silent with respect to narco analysis but critics have argued all along that such a test is against the fundamental rights that the Constitution guarantees to all citizens.
• Many constitutional scholars and jurists argue that procedure for narco-analysis is violative of the rights against self-incrimination, guaranteed under Article 20 (3) of the Constitution.

Read about important articles of the Indian Constitution in the linked article.

What is NARCO Analysis Test?

The Narco analysis test is also known as Truth Serum Test. Narco-analysis is a form of psychotherapy and effective aid to scientific interrogation. In a narco analysis test, a drug like sodium amytal is used as a truth drug on the suspect for the determination of facts about the crime. It is called the “Amytal Interview”.

• The term Narco-analysis is derived from the Greek word “narke” which means anaesthesia and is used to describe a technique of diagnosing and giving psychotherapy with the help of psychotropic drugs.
• Narco-analysis has become one of the most popular techniques of crime detection in India.
• It is a kind of psychotherapy that is conducted on a person by inducing by bringing that individual into semi-sleep with the help of scientific drugs. 
• It is believed that if a person is administered a drug that suppresses his reasoning power without affecting memory and speech, he can be made to tell the truth. Some drugs have been found to create this ‘twilight state’ in some persons. 
• These drugs are being administered in some countries, including India. 
• Under the influence of the drug, the subject talks freely and is purportedly deprived of his self-control and willpower to manipulate his/her answers. 
• The drugs which are used in the narco analysis test are nicknamed ‘truth drugs’ or ‘truth serum’.

How Narco Analysis Test is done?

• Hyoscine (scopolamine), 
• Sodium Pentothal, 
• Sodium Amytal, 
• Phenobarbital. 
• The most commonly used drug for truth serum tests is an anaesthetic and sedative drug, Sodium Pentothal, which when administered intravenously can make a person talkative and confessional. 
• When these drugs are injected in continuous small dosages, it might have a hypnotizing effect on a person, who responds loquaciously when questioned. 
• The narcoanalysis test is conducted by mixing 3 grams of Sodium Pentothal or Sodium Amytal dissolved in 3000 ml of distilled water. 
• Depending on the person’s sex, age, health and physical condition, this mixture is administered intravenously along with 10% of dextrose over a period of 3 hours with the help of an anaesthetist. 
• The wrong dose can send the person into a coma or even cause death.
• After administering a truth drug, a person’s body turns into cozy, his or her features slacken and full of exhilaration and few grow to be silly and giggly.
• The drug blocks the impulses that commonly pass through positive nerves and maximum body parts fall asleep, which emerge later in disoriented semi-wakefulness.
• Under the effect of drugs, he/she turns incapable of telling a lie, and he/she will always share any records that are asked of them.

Uses of Narco Analysis Test

• Narco analysis has been used in mental health cases for diagnosing habiliment. 
• For restoring speech to mute persons
• In the case of amnesia, for reviving memory, and
• For expression of suppressed or repressed thought or conflict.
• Narco analysis is now being used in the forensic field also. 
• In the criminal justice system, it is used for investigation purposes. 
• Narco analysis test should be used only in cases where a large interest of society is involved. Narco analysis is usually used in cases of terrorism, crimes that are well-organised, serial killings, cases where no evidence is available etc. 

Narco Analysis Test Concerns

Narco analysis consists of a statement that is made by a semi-conscious person and thus unable to determine the effect and extent of the statement that he is making and as such just like confessions they are not generally admissible in the Courts.  Narco-analysis, just like other scientific techniques such as brain mapping and lie-detector tests, is a tool to get a person to incriminate himself during the course of a trial. These techniques thus violate the fundamental right guaranteed under Article 20(3) which states that no person who is accused of an offence shall be compelled to be a witness against himself, also referred to as the right against self-incrimination.

Right against self-incrimination

• The right against self-incrimination is not guaranteed under the Constitution only but also in the Code of Criminal Procedure (CrPC) .
• S.161 (2) of the CrPC says that every person “is bound to answer truthfully all questions, put to him by a police officer, other than questions the answers to which would have a tendency to expose that person to a criminal charge, penalty or forfeiture”.

In addition, narco-analysis is also widely believed to be an intrusion of the right to privacy of an individual, a right that is guaranteed as a part of the right to life & personal liberty given under Article 21.

Read about the concerns of privacy in India in the linked article.

Criticism against Narco Analysis

Opponents of narco analyses argue that there is little scientific evidence to warrant its use as a reliable source of interrogation, citing misuses by several Indian police agencies. India is referred to as the narcoanalysis capital of the world with so-called biscuit teams (behavioural science consultation teams) using pseudoscience to back illegal interrogations. Though security agencies worldwide have shown interest, inconsistent results have proven objective truth elusive, despite increased suggestibility.

• The accuracy of narco analysis is not 100%. 
• It has been found that certain subjects made totally false statements. 
• This test is considered an unscientific method used for investigation. 
• It is very tough to suggest an actual dosage of the drug for a particular man or woman because it will vary from person to man or woman depending upon the intellectual attitude and other factors. 

Narco Analysis Judgements

The most significant judgement in this regard came in the case of Selvi v. State of Karnataka, where the accused challenged the constitutional validity of certain scientific techniques of interrogation in criminal cases. These techniques included Narco-Analysis, Polygraphy and Brain Fingerprinting, and the petitioners argued that using these techniques are softer alternatives to the use of third-degree methods by the investigators and violates right against self-incrimination in Article 20(3) of the Constitution. A three-judge bench of the Supreme Court unanimously held that these tests are testimonial compulsions and are prohibited by Article 20(3) of the Constitution. In addition, the Court laid down the following guidelines in this respect:

• No Lie Detector Test should be administered except on the basis of the consent of the accused. An option should be given to the accused whether he wishes to avail such a test.
• The consent should be recorded by a judicial magistrate if any of these tests are to be done.
• During the hearing before the magistrate, the person who has given the consent must be duly represented by a lawyer.
• The person in question should also be informed clearly at the hearing that the statement that is made will not be a ‘confessional’ statement to the Magistrate but shall have the status of a statement made to the police.
• The Magistrate shall consider all factors relating to the detention including the length of detention and the nature of the interrogation.
• A complete factual and medical narration of the way in which the information was received should be taken on record.

In the 2010 ruling of “Selvi & Ors vs State of Karnataka & Anr,” the Supreme Court held that no lie detector tests should be administered without the consent of the accused.

• If an accused volunteers for the narco-analysis test, they must have access to a lawyer and be fully informed of the physical, emotional, and legal implications of the test.
• The Supreme Court emphasized that the guidelines for the administration of polygraph tests, published by the National Human Rights Commission in 2000, must be strictly followed.
• The guidelines state that narco tests cannot be conducted without the subject’s consent, which must be obtained before a Magistrate.
• A forcible intrusion into a person’s mental processes is considered an affront to human dignity and liberty, and the court recognized the right against self-incrimination.
• The 2010 ruling clarified that any information or material discovered with the help of voluntarily administered test results can be admitted as per Section 27 of the Evidence Act, of 1872.
• The ruling established that results of narco-analysis tests are not considered confessions but can lead to the discovery of valid evidence if corroborated independently.
• Subsequently, in 2013, the Supreme Court turned down a petition to produce narco-test reports in the Aarushi Talwar case, deeming it an attempt to delay the trial proceedings.
• It is essential to obtain consent and follow legal guidelines, respecting constitutional rights and human dignity during narco-analysis tests.

Differences between a Narco Analysis Test and a Polygraph Test

The current criminal justice system without the aid of these scientific techniques is weak and as such many cases result in acquittals. Since the validity of the test and admissibility of narco-analysis has been quashed by the apex court taking into consideration the circumstances under which it is obtained, the possibility of justice has weakened. One way forward in this whole affair is that these techniques can be allowed selectively in grave offences where the other evidence is not sufficient enough. This move will bring about a qualitative change in criminal justice. Every individual is innocent until proven guilty, and the same aspect should be adhered to while conducting a criminal investigation.

Frequently Asked Questions about Narco Analysis

How is narco analysis done, is narco analysis reliable, leave a comment cancel reply.

Your Mobile number and Email id will not be published. Required fields are marked *

Request OTP on Voice Call

Post My Comment

IAS 2024 - Your dream can come true!

Download the ultimate guide to upsc cse preparation, register with byju's & download free pdfs, register with byju's & watch live videos.