The Concept Of Narcoanalysis In View Of Constitutional Law And Human Rights

Author: LawSphereX

Category: Constitutional & Human Rights

Published: 2026-08-23T21:15:27.698248+00:00

Updated: 2026-08-26T17:05:57.292+00:00

THE CONCEPT OF NARCOANALYSIS IN VIEW OF

CONSTITUTIONAL LAW AND HUMAN RIGHTS

Vikas, Assistant Professor in Law at C.R Institute of Law, Rohtak Haryana

ABSTRACT

The pursuit of truth is a foundational element of the criminal justice system, where various investigative techniques and legal procedures are designed to ensure a fair balance between punishing the guilty and protecting the innocent. The intersection of law and science is increasingly prominent in modern jurisprudence, particularly through the integration of forensic science. This paper explores the evolution of forensic science, emphasizing the significance of scientific methodologies such as fingerprinting, DNA analysis, and the Narco Analysis Test in criminal investigations. It taken from the Greek term for 'anesthesia' or 'torpor,' has gained attention as a notable scientific advancement in India. This technique involves administering barbiturates, i.

e Sodium Pentothal, to put him in a hypnotic state, during which subjects are interrogated by legal officials in presence of medical professionals. It test aims to uncover hidden truths by lowering inhibitions, but it is not without controversy. The accuracy of the information obtained under hypnosis is questionable, as the statements made may lack voluntariness and coherence, making them inadmissible in court. The ethical and procedural implications of Narco-analysis are significant. The practice raises concerns about physical and psychological harm, as well as the potential violation of individual autonomy and privacy. This paper examines these issues in depth, highlighting the complexities and challenges of integrating contemporary scientific techniques into the legal framework.

Ultimately, while Narco-analysis and similar methodologies offer new avenues for investigation, their application must be carefully considered to safe the legal rights of an individuals within the justice system.

1. Introduction

Narco analysis first emerged in investigation procedures back in 1935. Its initial application involved inducing a semi-conscious state in the subject, facilitating interrogation and the extraction of pertinent information. Subsequently, in the aftermath of the 1935 introduction, it was notably employed during the 2002 Godhra Communal Riots investigation. These riots were marked by communal clashes between two different Religion. Following its pivotal role in this case, Narco analysis gained prominence in forensic investigations that features prominently in cases such as the Nithaari case, Abu Saleem case, Arushi Talwar Case, and the Mumbai Train Blast case. This technique has proven invaluable in gathering evidence while comprehending the dynamics of criminal activity within specific cases. 1 Scientific tests serve dual purposes within legal proceedings.

They can either serve as direct court evidence during a trial or act as investigative leads. If a test entails a statement, it can be presented as evidence, given that it doesn't constitute a confession. Confessions made before or in the presence of law enforcement officers are inadmissible. 2 In cases where no explicit assertion exists or where articulation relies on elucidation of the report compiled post-examination, the court may be presented with the test outcomes interpreted by a proficient analyst. Alternatively, a different avenue entails utilizing the declarations to substantiate the defendant's precise awareness concerning the facts, insights into which have precipitated later revelations amidst the investigative process. 3 Nevertheless, the data collected from the inquiry is autonomously utilized in support, devoid of the declarations.

4 The primary aim of this examination is to counteract falsehoods employed by individuals through their creative faculties. However, in the Narco Analysis assessment, this creativity is subdued as the individual enters a subconscious state. Consequently, there is a belief that deception is inhibited, leading to spontaneous and truthful responses.

1. Narco analysis, a method utilized in mental health contexts, serves as a diagnostic tool for

determining habiliment.

2. Narco analysis is used:

1 Aditi Shreenivas Prabhune, ‘Narco Analysis: Weapon Of Power Or Tool For Abuse?’ [2021] ALPPR 6

2 Sec 25-26, Indian Evidence Act, 1872

3 Sec 17 of the Indian Evidence Act.

4 Supra note 2.

(a) To restore words to silent individuals. (b) Reviving memories in amnesia cases. (c) Expressing suppressed thoughts or conflicts.

3. Presently it is being used in the forensic field as well.

4. It is employed for investigative reasons inside the criminal justice system.

5. Tests for drug analysis ought to be applied only in situations where a significant portion of

society is at stake. Narco analysis is typically employed in cases involving terrorism, wellplanned crimes, serial killings, lack of proof, etc.5

1.2 Narcoanalysis and Criminal Investigations

Every inquiry pursues truth for justice and aims to bring the accused to justice. In this pursuit, every individual possessing knowledge of a cognizable offense or any helpful information should notify the authorities and collaborate with the designated investigator, responsible for gathering evidence. The investigator is expected to employ lawful scientific methods for crime detection to uncover the truth. Narco Analysis test meets the criteria outlined in section 2(h) of Cr. P. C, suggesting it as a scientific probe extracting information related to the crime from the accused, potentially serving as evidence against them. It is firmly established in legal doctrine that law enforcement agencies hold the statutory authority and obligation to probe cognizable offenses as per the Cr. P. C framework.

The Supreme Court has consistently disapproved of unwarranted judicial interference in police investigations, emphasizing their essential role in upholding the law. 6 In many countries, the practice of this medical procedure is prohibited, yet India favors its implementation. Utilized in court proceedings, and labs, this examination holds substantial evidential significance, notably in cases such as the Nithari Killers and the Mumbai Train Blasts. Medical professionals, often in collaboration with law enforcement, primarily administer this procedure to elicit confessions from suspects. A well-constructed set of inquiries is imperative during its execution to extract information effectively. This investigative method was notably

5 . Venkatasubramaniam & Ors v. M. K. Mohan Krishnamachari & Ors [2009] 2009 AIR SCW 6412

https://byjus.com/free-ias-prep/narco-analysis last access august 20, 2024.

6 Ibid 1.

employed in the 2002 Carnaage Probe, the 2003 investigations involving Karim Teelgi, Aarushi Talwaar, and the Nithari case. Its application has significantly impacted the field of legal science, addressing fundamental questions pertinent to both judicial processes and human rights. Nonetheless, debates persist regarding its potential infringement upon individual rights. Given the challenges posed by technological advancements and the complexities of the human psyche, accessing information from the conscious mind alone proves increasingly arduous. The performance of this examination offers a means to access the unconscious mind, although even under optimal conditions, it may yield deceptive, fanciful, or incoherent responses.

7 The primary drawback of this approach lies in the fact that certain individuals can maintain their capacity for deceit even while under hypnosis, whereas others may become highly susceptible to interrogation. This raises particular concern because interrogators might phrase their inquiries in a manner that could elicit incriminating responses. The pharmaceutical substances administered do not ensure that the individual will exclusively speak the truth. The utterances produced during a hypnotic trance are involuntary and lack clarity of cognition; thus, they have not been deemed admissible as legal evidence.

Narco-analysis performed "without consent" gives rise to several issues, including (i) physical intrusion on the body via injections and the application of various painful stimuli such as slaps, pinches, pushes, strikes, and body shaking to rouse the subject from hypnosis for questioning, and (ii) psychological intrusion caused by the drug's effects on the individual's psyche and the unrestricted exploration of their innermost thoughts. In the context of evidence-based medicine, it has no appreciable effect on the management of mental illness. Despite being recognized since the Second World War, this technique remains controversial. 8, it lacks appropriate research to back up its claims. 9

2. Constitutional Framework

Article 20(3): To prohibition on self-incrimination In India, Article 20(3) of the Constitution pertains to investigation and trial of crimes. It addresses the privilege against it, a right enshrined in various legal documents such as the Magna Carta and

7 Supra note 2.

8 Naples M, Hackett T. The Amytal interview: history and current uses. Psychosomatic. 1978;19:98–105

9 Suresh Bada Math, ‘Supreme Court judgment on polygraph, narco-analysis & brain-mapping: A boon or a bane’ [2011] TIJMR 134, 4

upheld in the laws of nearly all civilized nations. These privileges, integral to the criminal jurisprudence of Common Law, hold significant importance.

1. The accused is assumed innocent.

2. The prosecution bears the burden of proof for establishing guilt.

3. The accused is not compelled to make statements against their choice.

The genesis of these ideas stemmed from the premise that allowing mandatory interrogation of a defendant might lead to coercion and abuse, potentially coercing them into making damning contradictions. Consequently, the right against self-incrimination serves to safeguard individual privacy and uphold civilized norms in the administration of criminal justice. 10 Courts, aligning with adversarial legal norms, upheld the right against self-incrimination. This privilege, along with doctrines like 'beyond-reasonable-doubt' and 'burden of proof on the prosecution,' originated in criminal trials of the mid-18th to mid-19th centuries. These tools provided accused individuals with political freedoms to defend themselves during trials against the State. Such measures aimed to mitigate the inherent disadvantage faced by defendants against the vast resources of the State.

11 One could argue that ethics and dependability stand as the foundational principles behind the defense against self-incrimination. The ethical basis supporting voluntariness aims to safeguard the accused from potential brutality and torture inflicted by investigative bodies. This rationale posits that if involuntary disclosures received substantial consideration in legal proceedings, investigators might be incentivized to resort to coercive, intimidating, or deceitful tactics to extract such statements. 12 Although involuntary statements, if proven true, should not warrant incentivizing interrogation methods that violate the dignity or bodily integrity of the individual undergoing examination by the law. 13 The circumstance stands as a transgression against fundamental human rights pertaining to life and physical integrity.

Therefore, the entitlement shielding against self-incrimination operates as a crucial defense mechanism against torture 10 Syed Tazkir Inam, ‘Scope of Narco Analysis in Criminal Investigation’ [2010] Available at SSRN 1681526 11 Pankaj Kumar Pandey and Aqa Raza, ‘”Protection Against Self-Incrimination”as a Fundamental Right in India:

A Critical Appraisal’ [2015] IBR 42, 133-159

12 Albert W Alschuler, ‘A Peculiar Privilege in Historical Perspective: The Right to remain silent’ [1995] MLR 94, 2625-2627

13 Selvi v. State of Karnataka [2010] 7 SCC 263

and other forms of coercive interrogation tactics. It functions as a restraint on law enforcement conduct throughout the investigative process. 14 Article 21: Personal liberty and the right to life. The fundamental rights essential for human personality development include the right to life and personal liberty. This moral entitlement, universally acknowledged, is intrinsic to every individual's existence. Referred to historically as "natural right," it embodies the autonomy to shape one's life according to personal preferences. The modern conceptualization of this right is encapsulated in the phrase "right to life and personal liberty. " This principle is incorporated in the UDHR, where Article 3 asserts the entitlement of "Everyone" to live, liberty, and personal safety.

Furthermore, Article 9 of the same declaration stipulates that no individual should face arbitrary arrest, detention, or exile. ”15 The evident implication is that the global community also shares a commitment to safeguarding the life and liberty of individuals. 16 Prior to conducting a narco-analysis test, obtaining informed consent is imperative to avoid categorization as coerced testimony under Article 20(3) of the Constitution. Informed consent entails the individual undergoing the test being cognizant of both the mental and physical repercussions and providing voluntary agreement. They must possess understanding regarding the intricacies of the procedure, the legal ramifications of drug influence, as well as the physical and psychological consequences, and offer consent willingly.

Informed consent pertains to the awareness of either the accused or the patient regarding the procedure they are undergoing. During a narco-test, the patient is made aware of potential physical, legal, and emotional ramifications. Prior to undergoing the treatment, the patient or accused is briefed on these aspects, with the presence of a doctor, advocate, and psychologist being crucial. 17 The accused individual cannot be subjected to a narcotics analysis without their consent while the investigation is ongoing, as this would be against Articles 20(3) and 21 of the Constitution. 18 Dr. Chandrachud, J. in Justice Puttaswamy and others v. Union of India19, A citizen holds the

14 Supra note 12.

15 Article 9, Universal Declaration of Human Rights, 10th December, 1948.

16 Himangshu Ranjan Nath, ‘Right to Life and Personal Liberty under the Constitution of India: A Strive for Justice’ [2013] DULJ 1 17 Ananthi S Bharadwaj and Sumithra Suresh, ‘Narco Analysis and Protecting the Rights of the Accused’ [2008] NALSAR SLR 4, 121.

18 Selvi v. State of Karnataka [2010] 7 SCC 263

19 Justice KS Puttaswamy (Retd) v. Union Of India [2018] AIR 2018 SC (SUPP) 1841

right to protect the privacy of his or her home, family, marital life, reproduction, maternal role, childbirth, and educational pursuits, among other concerns. The dissemination of any material without explicit consent, regardless of its nature, raises ethical questions. This was evident in the Nandini Satpathy case. 20, The court, in its declaration, mandates that the accused should not undergo interrogation in the absence of legal counsel. The evidence presented in the court of law relies on admissions or confessions, which, despite their acceptance, often constitute prime incriminating examples. This holds especially true when supported by corroborating evidence, such as when law enforcement verifies the accused's revelation of concealed crimerelated items or evidence, as evidenced in the Nandini Satpathy case. The S. C delineated the concept of 'compelled testimony.

' This form of testimony does not entail physical coercion, threat, or violence, but rather involves psychological pressure, intimidatory approaches, coercion, and techniques of influence. Consequently, such methods would constitute a breach of Article 20(3) of the Constitution. 21

3. Legal Status and Admissibility

The Supreme Court, in its ruling, has deemed unauthorized the utilization of medical technologies for probing individuals’ sans their explicit consent and adequate safeguards. Despite this, practices like narcoanalysis, brain mapping, and other medical technologies persist in application. The involvement of medical professionals in such procedures undermines the fundamental tenets of the medical field. 22 Scientific tests can serve dual purposes. They might serve as direct court evidence during trials or merely guide investigations. When these tests entail making statements, they can be presented as evidence, as long as they don't constitute a confession. Confessions made before or in police custody are inadmissible.

23 The Evidence Act permits the identification of handwriting or finger impressions as well as the presentation of expert opinions on the subject like foreign law, science, or the arts.. These opinions are provided by individuals recognized as experts under the Act. 24 Expert evidence is appreciated depending on several factors such as the expert skill25 and the precision of the

20 Nandini Satpathy v. Dani (PL) And Anr [1978] AIR 1978 SC 1025

21 Jay Kumar Bhongale, ‘Right to Privacy and Narco-Analysis Test’ [2022] JERBU 25

22 Amar Jesani, ‘Moment of truth: Medical ethics and human rights in narcoanalysis’ [2010] EMT 37

23 Sections 25-26 of the Evidence Act, 1872

24 Section 45 of the Evidence Act, 1872

25 State v. SJ Choudhary [1990] 2 SCC 481

science as mentioned in Pratap Misra v. State of Orissa.26 In cases where scientific precision remains elusive, the testimony of experts serves merely to reinforce, lacking in standalone capacity to ensure a conviction. In Shashi Kumar Banerjee v. Subodh Kumar Banerjee, 27 case the Supreme Court established that the expert’s testimony on handwriting, being opinionbased, seldom substitutes for substantial evidence. This prompts scrutiny of the reliability of evidence procured through Narco-Analysis tests. Such examination involves a dual consideration: first, the scientific community's perspective, and second, the viewpoint adopted by the courts.28

3.1 Constitutional validity

The constitutional validity of the Narco test hinges on obtaining the individual's consent. Authorities administering the Narco test must adhere rigorously to specified guidelines. The strict adoption of NHRC guidelines from 2000 is imperative when conducting the Narco- Analysis that aligns with the procedures for the Polygraph test. These are in brief as under: (i) The accused must consent to the test, but if he does not want to, he can deny it. (ii) The accused should be informed of their legal rights, access to a layer, and the nature of the test. (iii) The aformentioned permission should be recorded before the magistrate, and the accused should be properly represented by an advocate. (iv) The accused must be made aware that any statement they provide to the police will be regarded as a statement rather than a confession.

(v) It should be conducted by an independent authority (hospital), in presence of an advocate. Medical procedure, facts disclosed and manner how information was recorded must be written. 29

26 Pratap Misra v. State of Orissa [1977] 3 SCC 41

27 Shashi Kumar Banerjee v. Subodh Kumar Banerjee AIR 1964 SC 529

28 S Aishwarya, ‘Evidentiary Value of Narco-Analysis’ [2018] SA 6, 343.

29 AS Dalal, ‘Narco-Analysis: A Guide To Investigation Officers And Lawyers’ [2019] TIJ 22, 16633-16639

3.2 Legal Implications of Narco Tests

In procedures of interrogation, two questions arise concerning the legality of Narco Analysis usage: firstly, its admissibility in legal contexts, and secondly, whether it breaches human rights and legal rights. In court, the acceptance of a scientific method hinges on meeting three crucial criteria: validity, reliability, and legality. The Indian constitution's Article 20 (3) safeguards individuals from being compelled to incriminate themselves, granting the right to remain silent. However, this right is infringed upon during the procedure. In a 2006 judgment (Dinesh Dalmia vs. State30), The Madras High Court, in its ruling, determined that the administration of narcoanalysis on an accused individual does not equate to coerced testimony.

Regarding the accused, the court emphasized that while they might be compelled to undergo laboratory examinations, any disclosures made during these procedures are entirely voluntary. However, this line of reasoning contains two notable flaws. First, assuming narcoanalysis represents the claims made by its proponents,31 the defendant will respond involuntarily to queries posed during the interrogation. Another misconception arises when stating that the individual is merely transported to the laboratory against their wishes. They are subsequently administered substances. The cessation of one's silence, at the moment it occurs, is always technically 'voluntary. ' Likewise, one could argue that following exposure to electric shocks, a subject 'voluntarily' discloses information. However, coercion becomes apparent with acts or threats of violence.

In narcoanalysis, the drug within the syringe serves as the compelling factor. The remainder is technically voluntary. 32 The Supreme Court's ruling dated May 5, 2010, regarding the involuntary use of narcoanalysis to enhance investigative endeavors in criminal matters, faced scrutiny for allegedly infringing upon fundamental rights such as: (i) ‘The Constitutional provision of Article 20(3) establishes the 'Right against selfincrimination. ' It mandates that individuals accused of an offense cannot be forced into providing testimony that would implicate themselves, and (ii) The judicial expansion of Article 21, which guarantees the right to life and personal liberty, encompasses a broader scope, incorporating protection against treatment that is

30 Dinesh Dalmia v. State of Maharashtra [2006] CRI LJ 2401

31 Bannur Muthai Mohan, ‘Misconceptions about narco analysis’ [2007] IJME 3, 7-8

32 Abhishek Pathak, Mona Srivastava, ‘Narco Analysis-A critical appraisal’ [2011] FMT 5

cruel, inhuman, or degrading. ’33 Under the provisions of the Evidence Act, confessions obtained from individuals in a semiconscious state are deemed inadmissible in court, yet they might still influence the investigative process. Narco analysis reports carry a degree of validity, though their admissibility in court is limited. Instances may arise where an individual harbors belief through repetitive contemplation; however, the veracity of such ruminations isn't guaranteed. Consequently, the outcomes of such assessments shouldn't constitute admissible evidence. Nevertheless, in certain scenarios, supplementary corroborative evidence must be taken into consideration alongside these findings. 34 Dushyant Dave has argued that the data showed during truth serum examination lacks admissible worth within a judicial context.

Acceptance of such information as evidence by the court would transgress fundamental rights, he contends. Furthermore, he emphasized the absence of legislative intervention by Parliament regarding the implementation of Narco-analysis tests sans individual consent. In this view, Article 13 imposes a perpetual ban on legitimizing Narco test outcomes as evidence, given their nature as potentially forced declarations. 35 Hence, these examinations typically lack legal validity since confessions given by an individual in a state of partial awareness cannot be presented in court. Nonetheless, the court might permit limited admissibility upon review of the circumstances surrounding the test's procurement. The primary provision concerning crime investigation and trial in the Indian Constitution is Art.

20(3), which addresses the privilege against self-incrimination, a fundamental principle of Common law criminal jurisprudence. Art. 20(3) encapsulates this privilege, stating, "No individual accused of any offense shall be compelled to testify against oneself. " The practice of subjecting the accused to such tests, as conducted by investigative bodies in India, is widely viewed as a clear infringement of Art. 20(3), which has been ruled to contravene the Constitution. The outcomes of Narco analysis lack legal validity due to their reliance on data obtained from individuals under drug-induced states, rendering them involuntary and thus inadmissible in legal proceedings. It was established in a prominent case that the prior consent of the subject 33 Suresh Bada Math, ‘Supreme Court judgment on polygraph, narco-analysis & brain-mapping: A boon or a bane’ [2011] TIJMR 134, 4

34 ‘Narco analysis and Its Admissibility in Court’ The Financial Express, 20 March 2004, 10

35 Available at https://timesofindia.indiatimes.com/city/ahmedabad/Info-under-narco-test-cannot-be-treatedasevidence/articleshow/5060721.cms

is imperative for the test; otherwise, it would contravene Article 20(3) of the Indian constitution, which safeguards against self-incrimination. Narco analysis testing is evaluated for its infringement upon individuals' rights, liberties, and freedoms. In the legal case Santokben Shramabhai Jadeja vs State of Gujarat36, it was determined that the Narco analysis procedure is overseen by a trained medical professional with careful supervision, thereby minimizing any potential risks. The subject's informed consent is obtained, and their condition is continuously monitored by experienced professionals in the field. Consequently, condemning the test solely based on its associated risks is unwarranted. In the case of Dr. Rajesh Talwar and Another vs Central Bureau of Investigation37 (Arushi murder case), Arushi's parents underwent these scientific examinations.

The defendants argued that the results should not be admissible in court as they were compelled to undergo the tests against their wishes. Nonetheless, these findings proved instrumental in resolving the case at that time. 38

4. Arguments Against Narco-analysis

Because of the reluctance of the conscious mind to reveal the truth, drug testing can be useful. Exploring the unconscious can provide important criminal investigation insights. But some prosecutors and human rights groups view drug testing as an interrogation procedure bordering on violence such as third-party methods This behavior is consistent with constitutional provisions prohibiting the interrogation of hypnotized suspects or their partial opinions are consistent. 39 Although the chemical tests were informative, opponents questioned the serum's ability to elicit the truth from witnesses. Drug testing is often used to gather and corroborate evidence. Nevertheless, doubts remain about potential human rights violations, including the ability of an individual to testify voluntarily. 40 Through these examinations, it is considered that genuine data can be acquired rapidly.

There have been numerous instances where the judiciary has also deliberated the utilization of these tests to gather evidence. Despite their usefulness to law enforcement and the judiciary in

36 Santokben Shramabhai Jadeja v. State of Gujarat [2008] CriLJ 68

37 Rajesh Talwar and Another v. Central Bureau of Investigation 2013 (82) ACC 303

38 Laxmi Khimji Buchiya, ‘Use of Polygraph and Narcoanalysis Tests in India: A Legal Perspective’ [2019] RD 39 Praveen Mishra, ‘Narco-Analysis in Criminal Investigation and Trial: A Conspectus’ [2020] IJLJ 11, 76 40 SP Rokade and G Shrivastava, ‘Scope And Limitation Of Narco Analysis And Dna Profiling Technology In India’ [2021] VIIRJ 12

specific instances, their admissibility as evidence is contested due to conflicting with the constitutional right against self-incrimination guaranteed to all individuals under the Indian Constitution. 41 The validity of Narco-analysis has been questioned due to its potential infringement upon Article 21 of the Constitution, which affirms that no individual shall be deprived of their life or personal liberty except as per the established legal procedure. 42 A subset of individuals, including social theorists, legal professionals, and advocates for human rights, have voiced their opposition to the utilization of Narco-analysis on individuals without their explicit consent. They argue on the basis of principles such as freedom of expression, privacy rights, personal freedom, and the inherent dignity of individuals.

Their stance is that the substances employed in Narco-analysis pose potential harm to the human organism. Improper dosage, they assert, could lead to fatal consequences. The Supreme Court in the case of Sidhartha Vashisht alias Manu Sharma vs. State (NCT of Delhi)43 held “in the Indian criminal jurisprudence, under different legal systems around the world, the accused finds themselves in a relatively advantageous position. In India's criminal justice system, the principles of human rights and the sanctity of life are elevated. Within our legal framework, the pre assumption of innocence until proven guilty is upheld, which helps ensure that the accused gets due process. They are bound to get fairness, thorough investigation, and a fair trial. The prosecution is anticipated to maintain an equal or unbiased approach throughout the entire trial process.

The importance of transparent, judicious, and prompt investigation is stressed to uphold the principles of the rule of law. These principles are important in our criminal justice system & closely align with the constitutional provisions as stated in Articles 21 and 20 of the Indian Constitution. ”44 The utilization of the narco-analysis examination brings to light a major apprehension pertaining to legal issues and the protection of human rights. The legality that surrounds around the employment of this technique for investigation purposes brings up critical questions, including the encroachment upon the individual's freedom, autonomy, and independence. It must be proved that the accused in State of Bombay v. Kathikalu,45 was asked to make a statement that may be used against them.

Compulsion is characterized as experiencing 41 Veena J Kamath, ,Narcoanalysis, Polygraph and Brain-Mapping as a Tool of Evidence Vis-À-Vis Fundamental Rights’ [2012] SSRN

42 Article 21, Constitution of India

43 SidharthaVashisht alias Manu Sharma v. State of New Delhi [2010] 6 SCC 1.

44Supra note 42..

45 The State Of Bombay vs Kathi Kalu Oghad [1961] AIR 1961 (SC) 1808

pressure, including acts such as intimidation, physical violence, or confinement of a spouse, parent, or child. Consequently, the provisions of Article 20(3) do not come into effect if the accused confesses freely and without any form of coercion, intimidation, or inducement. It is firmly established that the Right to Silence has been conferred upon the accused by the ruling in the case of Nandini Sathpathy vs P. L. Dani46, granting the accused the privilege to remain silent during interrogation and preventing them from being compelled to make statements. Through the application of such examinations, the resurgence of forceful psychological penetration is being reintroduced, thereby nullifying the credibility and soundness of the Right to Silence.

Emphasizing her claim to tranquility as stipulated in Section 161 (2) of the Criminal Procedure Code and Article 20(3) of the Constitution, she argued her case. Her pleas found favor with the Supreme Court. Furthermore, methodologies such as narco-analysis are not widely regarded as particularly reliable. Research carried out by various medical bodies in the United States lends support to the notion that truth-inducing substances fail to elicit precise statements, potentially leading participants to furnish inaccurate or deceptive information while under their influence. 47 The method in question has faced scrutiny due to its less than perfect reliability. Evidence has emerged demonstrating instances where individuals have issued deceptive claims. Consequently, its utility in juxtaposing pre-and post-drug use statements given to law enforcement is compromised.

Following the administration of medication, it came to light that an individual providing falsified details had been apprehended. Its effectiveness diminishes significantly when confronting individuals prone to deceit and evasion. 48 Determining the appropriate dosage for an individual can pose considerable challenges. The quantity of medication recommended hinges on factors such as the person's motivation level, mental disposition, and physical health. Successful execution of Narco-analysis does not necessitate injection. Instead, it mandates an interviewer adept at formulating pertinent and contemporary inquiries. The objective of a Narco-analysis examination is to retrieve lost memories from the subject. However, if employed to extract criminal confessions, the reliability of outcomes

46 Nandini Sathpathy vs P. L. Dani AIR [1978] SC 1025

47 Kirt Agarwal, ‘Analyzing Constitutional Valadity of Narco Analysis: An Indian Perspective." [2022] Neuroquantology 20, 2673. 48 SP Rokade and G Shrivastava, ‘Scope And Limitation Of Narco Analysis And Dna Profiling Technology In India’ [2021] VIIRJ 12

might face scrutiny.49

5. Conclusion

Narco-analysis involves administering a truth serum drug to induce a state of semiconsciousness in the subject, facilitating interrogation. This technique has been employed to improve witness recollection. It aids in guiding the subject's memory to a semi-dormant state, reducing self-awareness. The Indian Judiciary has consistently upheld its stance on the admissibility of narco-analytical evidence. Narco-analysis, a burgeoning method of investigation in India, operates within a framework lacking comprehensive rules and regulations governing its application. Determining the severity of a crime and the procedural approach for investigations remains a worrisome issue. Recent directives from the Supreme Court have imparted greater credibility to the process, a much-needed development.

The current modus operandi, thus refined, ensures due consideration of individuals' rights, weighing them against the broader interests of the state and society. An alternate approach might entail case-specific evaluations, delegating decisions regarding the applicability of such tests to the judiciary. This measure serves to curtail potential misuse of the procedure. Though correctly administered narco-analysis may not inherently breach privacy rights, stringent procedural guidelines, as mandated by the court, are pivotal in preventing abuse. Consequently, unrestricted employment of narco-analysis could only be justified on grounds of pragmatic necessity, as assessed comprehensively.

Although Narco tests' outcomes or revelations from these tests when coupled with interrogation testimonies are not directly applied, investigations often experience significant boosts on numerous occasions. The CrPC permits carrying out an questioning of the accused that is reasonably essential to establish facts potentially providing evidence of an offense, and to employ justifiable force for this purpose. It is argued that the CrRC does not anticipate the utilization of such scientific assessments, particularly the narco-analysis test, which was initially employed in India in the new millennium. In certain instances, the judiciary holds the perspective that Narco-analysis should not be permitted due to its contradiction with the provisions outlined in Article 20(3) of the Constitution of India.

Several international agreements have attempted to address the issue of torture and illicit methods employed on test

49 Supra note 42.

subjects. Prior to endorsing such techniques, two prerequisites must be met: first, the test must not be unlawful, and second, it must not be arbitrary in nature. Suggestions have been made that the application of Narco-analysis, which includes Lie detectors, BEAP Test, and Truth Serum test, should not be outright prohibited. Instead, it could be employed in the interest of national security, in the adjudication of cases of significant importance to the nation, or in cases where establishing a new legal precedent by determining the rights of the parties is paramount. Therefore, it is essential for the legal framework to assimilate advancements and progressions occurring in scientific domains, ensuring they remain within the boundaries of fundamental legal tenets and serve societal welfare.

The contentious matter regarding the utilization of Narco-analysis examinations as an interrogation method within India has sparked extensive deliberation. Indian courts, in their deliberations, have often exhibited an incomplete appraisal of legal considerations, leading to their inclination towards endorsing such tests. Although these tests may present practical utility, their alignment with legal statutes proves challenging, necessitating stringent safeguards to forestall potential misuse. Consequently, a comprehensive repository is essential for gauging the pertinence and probability of a correlation within a specific population.

A proficient judicial system should maintain equilibrium between safeguarding personal liberties and the government's stake in apprehending, penalizing, and adjudicating wrongdoers, all while upholding due process and ensuring that due process rights remain intact. Irrespective of the method or location of DNA sample acquisition, individuals are entitled to anticipate privacy concerning its substance. For the estimation of relevance and the probability of a match within a specific community, a comprehensive database is imperative. Achieving equilibrium within the criminal justice system entails safeguarding individual liberties while pursuing the state's interest in apprehending, penalizing, and convicting offenders, all while upholding due process and ensuring rights are respected.

Irrespective of the method or location of DNA sample acquisition, individuals maintain an expectation of privacy regarding its contents.