DAMODARAM SANJIVAYYA NATIONAL LAW UNIVERSITY

VISAKHAPATNAM, A.P., INDIA

PROJECT TITLE

IMPLEMENTATION OF NARCO ANALYSIS

SUBJECT

CRIMINOLOGY

NAME OF THE FACULTY

DR. P. VARA LAKSHMI

Y.KEERTHI
2014049, 7th Semester
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 CERTIFICATE

TITLE OF SUBJECT: CRIMINOLOGY

NAME OF FACULTY: Dr. P. VARA LAKSHMI

I KEERTHI . Y hereby declare that this project case study:

IMPLEMENTATION OF NARCO ANALYSIS. Submitted by me is an original work
undertaken by me. I have duly acknowledged all the sources from which the ideas and
extracts have been taken. The project is free from any plagiarism issue.

PLACE: Vishakhapatnam.

(Signature of the student)

Roll no: 2014049

Semester-4

Section-A

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 TABLE OF CONTENTS

1) ABSTRACT
2) INTRODUCTION
3) HISTORY OF NARCO-ANALYSIS TEST
4) USE OF BARBITURATES IN NARCO-ANALYSIS TEST AND ITS EFFECT ON
HUMAN BODY
5) NARCO ANALYSIS FROM CONSTITUTIONAL & LEGAL STAND POINTS
6) NARCO ANALYSIS IN INDIA
7) ADMISSIBILITY IN THE COURT
8) ROCEDURE OF NARCO-ANALYSIS TEST
9) APPLICATION OF NARCO-ANALYSIS TEST IN CRIMINAL JUSTICE
SYSTEM-AN APPRAISAL
10) CRITICISM OF NARCOANALYSIS TEST
11) CONCLUSION
12) BIBLIOGRAPHY

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 ABSTRACT

Society is always changing according to its recipient human being therefore norms cannot be
made stagnant and is equally needs changes according to the social, economic and cultural
condition of society. The criminal justice system also witnesses such kind of changes with the
span of time which has been made by the investigation agencies by introducing technological
advancement in the procedure for the collection of evidence. These techniques are Lie
Detector, Brain Mapping and Narco Analysis Test which investigating agencies frequently
using these days. Among these the Narco Analysis Test is one of the technique for which
investigating agencies have been questioned many times. Now the Supreme Court of India
given verdict in this regards and instructed that the same can only be done with the consent of
the subject. Through this paper an attempt has been made to explore the development and
journey of Narco Analysis Test in the criminal justice system as a tool of investigation in
India.

People normally thinks that their expression is free, their self exposure as mediated through
freely chosen words either truthfully or falsely representing the actual thought of mind but
psychological technique can some extent reach the source immediately and get or extort the
expression which is not voluntarily or falsely representing the actual thought of mind. The
psychology and power of scientific method made this possible to reach directly to the
intimate sources of thought and will and therefore expression also. This concept of science
and technology given birth of some new technologies such as Brain Mapping, P300, Lie
Detector and Narco Analysis Test or Truth Serum. It was considered as a Technique of a
clinical psychiatry where some drugs have to be used to establish a contact with more or less
inaccessible patients. It is similar in objective to the Freudian psychoanalytic technique
except that it aims to get through the drugs to same type of cooperation that psychoanalysis
gets through the free will of the patients. The drugs used for the narco analysis is
Scopolamine and Sodium Pentothal.

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 INTRODUCTION

The term Narco-Analysis though a misnomer is becoming very popular in law enforcement
and judicial circle. Abreaction is a method of psycho-analysis practiced by psychiatrist,
where in a short acting narcotic drug is administered to the patient to induce a hypnotic stage.
Narco-Analysis is thus a mode of psychotherapy which is an aid to the scientific interrogation
in reality. It is a process whereby a person is put to sleep or into semi-conscious state by
means of chemical injection and then interrogated while in this dream like state. It is the view
of the scientist who conducts the Narco-Analysis test on the person who is suspect, that in
semi-conscious state person losses self control and speak truth.1

Generally it is viewed that if a drug is given to person which repress his power to reasoning
without affecting the memory and speak, it is possible to made him to speak truth. The
underlying theory is that a person is able to lie by using his imagination, but due to the
influence of drug a person losses his self control as a result of which he fails to imagine the
fact and would speak the truth. In this state it is very difficult for him to tell lies, rather he
would talk about which he had the knowledge. The utilization of such drug in police work or
interrogation is alike to the traditional

A new terminology had been added in the field of Criminal investigation through forensic
science in the year 1936 which is known as Narco-Analysis test. The term ‘Narco-Analysis’
is derived from the Greek word Narco (meaning “anaesthesia” or “torpor”) and is used to
describe diagnostic and psychotherapeutic techniques that used psychotropic drugs
,particularly barbiturates to induce a stupor in which mental element with strong associated
effect come to the surface, where they can be exploited by the therapist .It is also known as
drug hypnosis or a truth serum or a combination of hypnosis or narcosis .Thus it is method to
make human thought and communication manageable. According to Webster Dictionary,
“Narco-Analysis means psycho analysis in a state which is similar to sleep and this state is
achieved by use of drugs. These drugs are known as ‘truth drugs’ or ‘truth serum’.”

Narco-Analysis test is also known as “truth Serum test”. They are the drugs sometimes used
clinically. Some of them are seconal, Hyoscine (scopolamine), Sodium Penthonol, Sodium
Amythal and Phenobarbital. These drugs produce a state of semi-consciousness in the subject
and the reasoning faculty of the individual becomes ineffective. These drugs works on the

1
www.truthorlie.com/nopwpoly.html Deepak Ratan and Mohd. Hasan, Zaidi, Forensic Science in India and

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principle of inhibiting the thought filtration procedure of the brain. The principle behind this
is that when we lie, our thoughts are filter by the brain and decides by the brain what is to be
exposed and what has to be unrevealed. By application of this procedure a person can no
longer sift his idea and to speak the truth, or so is supposed.

Thus this test is a scientific procedure to obtain information from an individual in a natural
sleep-like state and a person is liable to lie by using his imagination .In the Narco-Analysis
test, the subject‘s inhibition are down by prying with his nervous system at the molecular
level. In this state, it becomes difficult although possible for him to lie. In such a sleep like
state efforts are made to get “probative truth” about the offence.

Narco-Analysis test is conducted by 3 gram of Sodium Pentothal dissolved in 3000 ml of

distilled water and the solution is administered intravenously along with 10% of dextrose
over periods of three hours with the help of a qualified anaesthetist. It is a barbiturate
(thiopental sodium) making the neural membrane more permeable to Chloride ions, resulting
in the general inhibition, starting with the cortex and working down to the lower brain regions
with increasing biological effects at just neural inhibitory effect to create an alcohol-like
disinhibition”. At of normal behaviours restraints. A higher dosage may create a stupor and
inhibit independent thought and actions to a greater extent. Essentially, the drug is used to
reduce resistance to the hypnotist, who then has to frame question and evoke response in a
way likely to produce accurate answer. However this possess many problems .2

Too little narcotics and the subject may be able to fake through the situation ,too much and
they may become unconscious, the accuracy of answer may be effected .Sodium Pentothal
binds GABA(gamma amino butyric acid) (Chloride channel super complex, which is the
primary inhibitory neurotransmitter channel in brain ) forming a complex at a site ,which
exerts control over the permeability of chloride ions in to neural membrane leading to the
attainment of “the state of disinhibition”. At a dose, which does not cause sleep, or rather
unconscious, disinhibition”. At does remove the barrier of inhibition and it is difficult for
anyone to lie at this stage.

But it is not the complete truth have caused some persons who have totally forgotten the
event and with the help of these drugs the subject was able to recollect the fact.

2
www.truthorlie.com/nopwpoly.html. (Visited on date 22-02-2011). 7 Deepak Ratan and Mohd. Hasan, Zaidi,
Forensic Science in India and

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 HISTORY OF NARCO-ANALYSIS TEST

A person when in narcotized of mind reveals the truth and those thought which he/she
normally conceals. Thomas De Quincy had done 1804 experiment he wrote with these
experiences that “opium like wine makes the heart expended and the person speak out his/her
concealed feelings”. Narcosis can be achieved by using drug like cocaine, ether, alcohol,
scopolamine, barbiturates, hallucinogens, etc. 1980 Sheer Chance used sodium cyanide for
narcosis. In between 1903-1915, investigators used mild types of anesthesia commonly used
in obstetrical practices. 3

For extracting the truth or obtaining confession from suspect investigation used alcohol as a
truth serum which depressed the central nervous system (CNS) because they believed on
time-honoured aphorism in vino veritas which means “where there is wine there is truth”.
The alcohol produces a remarkable condor or freedom from inhibition and under the
influence of this a person looses his/her tongue and eliminates repressive influence.About a
century ago with the advent of anesthesia it was observed that after administering drug the
patients were prone to make extremely naïve remarks about personal matters which in their
normal state would never have been revealed.

In the late 19th century ether, chloroform or hashish were used to induce person and to
deepen the hypnotic effect. In early 20th century, barbiturates were administered for the
psychotherapeutic treatments, these experiments showed that most of the patients showed
uninhibited flow thoughts were revealed under its influence. In Narco-Analysis barbiturates
induced state of excitation is created and patients recall forgotten and repressed conflicts,
events and experience. These details also help in treatment of traumatic combat neurosis. In
1931, Italian psychoanalyst for the first time used mixture of mescaline and dhatura seeds for
the purpose of psychoanalysis .It should be remembered that LSD (Lysergic Acid
Diethylamide) was discovered in 1943 and it was then effectively used hallucination
experience and later on this was used for psychotherapy.

These experiences were dreamlike but at the sometime it was a clear altered state of
consciousness which could be processed.The procedure adopted is that the patient is kept
lying on a bed almost darn and is attended by a trained nurse who talks with the patient and
dosages of drugs are injected. The patient is reminded that he/she is under physician’s control

3
M.Sivananda Reddy, “Narco-Analysis and Truth Serum” ,Criminal Investigation Departiclements of Andhra
Pradesh ,available at w

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and should surrender to the vision and images which appear before him/her without any
reservation

Use Of Barbiturates In Narco-Analysis Test And Its Effect On Human Body:

Now the police are using Narco-Analysis test as a handy method for investigation and
substituting the physical coercion and time consuming inquiry through direct questioning (not
to mention lack of skill and inefficiency being the reason in some cases) in to direct methods.
When a person consumes or is being in injected with an intoxicating substance, such as
Barbiturates etc., the blood takes tat material to the brain. Every substance which is present in
blood is not capable of crossing blood-brain barrier, but almost all intoxicants are capable of
crossing the barrier. For these reason these material are used as Anaesthesia agents to
produce unconsciousness in surgical operations to diminish pain.

While using this drug in Narco-Analysis Test, it has got depressant effect on CNS and also
over cardiac and respiratory system. It interferes and depresses cytochrome enzyme system. It
reduces renal output, temperature regulating canter fails and also cause rapid paralysis of the
respiratory system. In this test as with most drugs, little is known about the way barbiturates
work or exactly how their action is related to their chemistry. But a great deal is known about
the action itself. They can produce the entire range of depressant effects from mild sedation
to deep anaesthesia and death. In small doses, they are sedatives acting to reduce anxiety and
responsiveness to the stressful situations; in these low doses, the drugs have been used in the
treatment of many diseases, including peptic ulcer, high blood pressure, and various
psychogenic disorders. 4

At three to five times the sedative dose the same barbiturates are hypnotics and induce sleep
or unconsciousness from which the subject can be aroused. In larger doses a barbiturate acts
as an anaesthetic, depressing the central nervous system as completely as a gaseous
anaesthetic doses. In even larger doses, barbiturates cause death by stopping respiration. The
barbiturates affect higher brain centres generally. The cerebral cortex that region of the
cerebrum commonly thought to be of the most recent evolutionary development and the
centre of the most complex mental activities seems to yield first to the disturbance of
nervetissue function brought about by the drugs. The lowest doses of barbiturates impair the
functioning of the cerebral cortex by disabling the asectionnding (sensory) circuits of the

4
Charanjiv Singh, “Narco-Analysis –A new trend in forensic Science .As a tool of investigation”PULJ 237

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nervous system. This occurs early in the sedation stage and has a calming effect not unlike a
drink or two after dinner. The subject is less responsive to stimuli. At higher dosages, the
cortex no longer actively integrates information, and the cerebellum, the "lesser brain"
sometimes called the great modulator of nervous function, ceases to perform as a control box.

NARCO ANALYSIS FROM CONSTITUTIONAL & LEGAL STAND POINTS

Such tests generally don’t have legal validity as confessions made by a semi-conscious
person are not admissible in court. The court may, however, grant limited admissibility after
considering the circumstances under which the test was obtained. The petitioners in one of
the case said courts could not direct the prosecution to hold Narco analysis, brain mapping
and lie detector tests against the will of the accused as it would be violative of Article 20 (3)
of the Constitution.

The main provision regarding crime investigation and trial in the Indian Constitution is Art.
20(3). It deals with the privilege against self incrimination. The privilege against `self
incrimination is a fundamental canon of Common law criminal jurisprudence. Art. 20(3)
which embody this privilege read, “No person accused of any offence shall be compelled to
be a witness against himself”. Subjecting the accused to undergo the test, as has been done by
the investigative agencies in India, is considered by many as a blatant violation of Art. 20(3)
it was held that to attract of Constitution.5

The privilege against self-incrimination thus enables the maintenance of human privacy and
observance of civilized standards in the enforcement of criminal justice. It also goes against
the maxim Nemo Tenetur se Ipsum Accusare that is, ‘No man, not even the accused himself
can be compelled to answer any question, which may tend to prove him guilty of a crime, he
has been accused of.’ If the confession from the accused is derived from any physical or
moral compulsion (be it under hypnotic state of mind) it should stand to be rejected by the
court.

The application of Narcoanalysis test involves the fundamental question pertaining to judicial
matters and also to Human Rights. The legal position of applying this technique as an
investigative aid raises genuine issues like encroachment of an individual’s rights, liberties
and freedom. In case of State Bombay v. Kathikalu, it must be shown hat the accused was

5
Satyendra Kaul Zaidi and Mohd,. Hasan Zaidi, Narcoanlysis, Brain Mapping, Hypnosis and Lie Detector Tests,
In Introduction of Suspect 432

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compelled to make statement likely to be incriminative of himself. Compulsion means duress,
which includes threatening, beating or imprisonment of wife, parent or child of person. Thus
where the accused makes a confession without any inducement, threat or promise art 20(3)
does not apply

In M.P.Sharma v. Satish Chandra, the Apex Court observed that since the words used in
Article 20(3) were “to be a witness” and not “to appear as a witness” the protection is
extended to compelled evidence obtained outside the Courtroom. The same point was
reiterated in Kathi Kalu Oghad’s case. The term “Right to Privacy” is generic term
encompassing various rights recognized to be inherent concept or ordered liberty. The right to
be left alone on right of a person to be free from unwarranted publicity is Right to Privacy.
This Right to Privacy is implicit in the right to life and liberty guaranteed to the citizens of
India by article 21 of the constitution of India. None can publish anything covering the above
matters without his consent whether truthful or otherwise and whether laudatory or critical. If
done so, it will be violating right to privacy of person concerned and would be liable in an
action for damages. In Indian constitution protection of life, liberty and freedom has
throughout interpreted and article 14, 19, 21 are best example for any constitution against
right to privacy.

The Division Bench also observed that the tests involve “minimal bodily harm” which is also
not correct because laxity in administration of drug can be fatal. In Nuremberg Trial when
Rudolph Hess, the most notorious war criminal, ever claimed that be was suffering from
amnesia the prosecutor did not perform Narcoanalysis test on him for the possibility of the
test to be fatal.6

In the Code Criminal Procedure “injury” is defined in Sections 44, 323,324,328 and the
punishment for which may extend to 10 years, imprisonment. Hence, administration of
narcotic drug amounts to causing injury. Furthermore, the reliability of scientific tests is not
free form doubt. It is necessary to recall background of article 20(3) of the constitution. One
of the fundamental canon of British and American system of criminal jurisprudence has been
the accused should not be compelled to incriminate himself. One of extension of doctrine was
with regard to the production of documents by an accused in respect to subpoena or other

6
Satyendra Kaul Zaidi and Mohd,. Hasan Zaidi, Narcoanlysis, Brain Mapping, Hypnosis and Lie Detector Tests,
In Introduction of Suspect 432

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form of legal process. In R v. Purnell, ” We know of the instance herein this court has
granted a rule to inspect books in a criminal prosecution nakedly considered”.

NARCO ANALYSIS IN INDIA

A few democratic countries, India most notably, still continue to use Narcoanalysis
Narcoanalysis is not openly permitted for investigative purposes in most developed and
democratic countries. My interest in narcoanalysis test was revived when it caught the
attention of media and critics thereby raising several issues regarding its validity as a
scientific tool of investigation and its admissibility in court of law infringement of individual
fundamental rights and questions its value as evidence. In India, the Narco analysis test is
done by a team comprising of an anesthesiologist, a psychiatrist, a clinical/ forensic
psychologist, an audio-videographer, and supporting nursing staff. The forensic psychologist
will prepare the report about the revelations, which will be accompanied by a compact disc of
audio-video recordings. The strength of the revelations, if necessary, is further verified by
subjecting the person to polygraph and brain mapping tests.

Narco analysis is steadily being mainstreamed into investigations, court hearings, and
laboratories in India. The judgment of an eleven-judge bench in the case of State of Bombay
v Kathi Kalu Oghad where it was observed that self-incrimination means conveying
information based upon personal knowledge of the person and cannot include merely the
mechanical process of producing documents in court. It has been held in Ram Jawayya
Kupar’s case that executive power cannot intrude on either constitutional rights and liberty,
or for that matter any other rights of a person and it has also been observed that in absence of
any law ant intrusion in fundamental rights must be struck down as unconstitutional. Lie
detection test comes under the general power of investigation (Sections 160-167, Cr.P.C.).

But it must be realized that it is prerogative of the person to allow himself/herself to be put to
polygraph test or not and it should not be left to the discretion of police. Unless it is allowed
by law it must be seen as illegal and unconstitutional . But if it is conducted with free
consent’ of the person it may be permitted. ‘Free consent’ means it is voluntary and is not
given under coercive circumstances. Voluntariness can be understood by the example- If a
person says, “I wish to take a lie detectors test because I wish to clear my name”. It shows
his/her voluntariness but it is still to be shown that whether this voluntariness was under

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coercive circumstances or not. If a person is told by police “If you want to clear your name
take a lie detector test” or” take a lie detector test and we will let you go” then it shows that
police has linked up the freedom to go with the lie detector test and as such it cannot be held
voluntary. These kinds of statements are held to be self incriminatory.

ADMISSIBILITY IN THE COURT

While Narco analysis yielded an immense amount of information, it also triggered off many
question as several critics shared profound sense of skepticism over the administration of
serum on the witness to extract truth. Narco analysis is considered as a tool or aid in
collecting and supporting evidence. However doubts are raised whether it amounted to
testimonial compulsion in judiciary and violation of human right, individual liberty and
freedom. Lawyers are divided on whether the results of Narco analysis and P300 tests are
admissible as evidence in courts, as they claim that confessions made by a semiconscious
person is not admissible in court. A Narco analysis test report has some validity but is not
totally admissible in court, which considers the circumstances under which it was obtained
and assessed its admissibility.

Results of such tests can be used to get admissible evidence, can be collaborated with other
evidence or to support other evidence. But if the result of this test is not admitted in a court, it
cannot be used to support any other evidence obtained the course of routine investigation. In
India, Narco-analysis was first used in 2002 in the Godhra carnage case. It was also in the
news after the famous Arun Bhatt kidnapping case in Gujarat wherein the accused had
appeared before NHRC and the Supreme Court of India against undergoing the Narco-
analysis. It was again in the news in the Telgi stamp paper scam when Abdul Karim Telgi
was taken to the test in December 2003.

Though in the case of Telgi, immense amount of information was yielded, but doubts were
raised about its value as evidence. The Bombay High Court, in a significant verdict in the
case of Ramchandra Reddy and Others v State of Maharashtra, upheld the legality of the use
of P300 or Brain Mapping and Narco analysis test. The court also said that evidence procured
under the effect of Narco analysis test is also admissible. However, defense lawyers and
human rights activists viewed that Narco analysis test was a very primitive form of
investigation and third degree treatment, and there were legal lapses interrogation with the aid
of drugs. Narco analysis is in the limelight in the context of infamous Nithari village (Noida)

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serial killings. The two main accused in the Nithari serial killings Mohinder Singh Pandher
and Surendra Kohli have undergone Narco analysis tests in Gandhinagar in Gujarat.

However, the final judicial pronouncement on the constitutional status of narcoanalysis is yet
to come, but it seems in the offing, as in 2006 the Supreme Court of India stayed the order of
a metropolitan judge to conduct narcoanalysis on K. Venkateswara Rao in the Krushi
Cooperative Urban Bank case. The issue required to be settled by a court decision because
Mr. Rao refused to sign the consent form and the Forensic Science Laboratory at
Gandhinagar declined to conduct a Narco-analysis test with a duly filled and signed consent
form. The Supreme Court verdict is awaited.

PROCEDURE OF NARCO-ANALYSIS TEST

In the forensic science the scientific tools for interrogation which has thoroughly been used
for the purpose of extraction of truth is lie detector test, P300, Polygarph Test, Brain mapping
Test and Narco Analysis Test or Truth Serum Test. The truth serum is actually drugs or
chemicals which had been used for the purpose of medical. These drugs are Seconal, Hyocine
(Scopolamine), Sodium pentothal, Sodium Amytal and Phenobarbital. The most commonly
used drugs which experts prefer to use is Sodium Pentothal which is an anesthetic and
sedative one while administered intravenously can make a person garrulous and confessional
and continuous use give hypnotizing effect on a person. The quantity of the drug depends
upon the person‟s Age, Sex, Health and Physical condition. A wrong dose can send the
subject into Coma or permanent loss of memory or resulted even death. Subjects were
questioned as they recovered from the light chloroform anaesthesia and gave answers which
subsequently proved to be true. The clinical or forensic psychologist interacts with the
individual who will be in a trance, and give reports along with video tapes to the courts on
behalf of the team. The descent into narcosis and beyond with progressively larger doses can
be divided as follows:

1)Sedative stage

2)Unconsciousness with exaggerated reflexes (hyperactive stage)

3)Unconsciousness without reflex even to painful stimuli

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In anaesthesia satges 1 and 2 may last only within 2 or three 3 seconds but all these stages
can be distinguished in any given subject depends largely on dose and rapidly with which the
drug is induced. Plane three is treated as psychiatric stage in which the subject undergoes for
the interview, it will last within few minutes but this duration can be increase by slow
injecting drugs. The usual practice is to bring the subject quickly to stage two and conduct
interview as he passes back in sedative stage on the way to full consciousness.

Team Consist for conducting Narco Analysis: One Psychiatrist, One Physician, One
Anesthetist, Audio-videographer and One writer including expert. Procedure Completed in
four stages which are following:

1.Pre-Test Interview In this stage individual has given all the information about the test and
procedure of the test and then consent taken.

2.Pre-Narcotic State Anesthetists induce drugs and maintain the pre-narcotic state throughout
the interview. Drugs is injected till the person appears relaxed and in a state of good contact.
Sodium Pentothal or Sodium Amytal is given intravenously to induce hypnosis. A five
percent or Ten percent solution of drugs is injected slowly in antecubital vein NMT 1
gm/grain per minute. As individual‟s speech starts the interview begins.

3. Semi Narcotic State After establishing the semi-narcotic stage and the individuals appear
to be : Flushed

 Slowing and slurred speech

 Nystagamus observing by testing examinee‟s eye, muscle, and finger

 Finally forensic experts or psychiatrist facilitate the interview.

 Individual allow to sleep off and allow to wake up

 Once individual wake up the anesthetist check the body and allow first to take coffee or tea

4.Post Test Interview This is a stage where the subject become free from interview, got relax
and anxiety free state, so the memory of subject is checked by the physician even they have
allow to know what he reveals during interview.

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Application Of Narco-Analysis Test In Criminal Justice System-An Appraisal

The Criminal Justice System has an alarmingly low conviction rate and the situation desires
to be rectifying with importance on actual science and state of the thing and technology. The
Central Government must make a clear policy stands on Narco-Analysis .The legal system
should imbibe the developments and advances that take place in science as long as they do
not violate the fundamental legal principles and are good for the society. Narco-Analysis, for
the criminal interrogations has proved to be a valuable technique, which greatly affects both
the innocent and the guilty and thereby hasten the cause of justice. The manner in which
modern day criminals make use of science and technology in perpetrating their criminal
activities with the relative impunity has compelled a rethinking on the part of the criminal
justice establishments to seek to the help of the police ,prosecutors and the courts.

Every government whatever be its form, must uphold the law and maintain in the society
which it govern .These are the basic functions which is essentially done through what is
called “Criminal Justice System”(CJS).As per Oxford dictionary ,the term ‘system’ means
“set of connected things or parts” or “set of organ of body with common structure or
function”. Criminal Justice System (CJS) is the combination of various organs of the
Government, entrusted with the job of ensuring justice to the people. The functioning and the
efficacy of this system is the backbone for the very foundation of any societies.

With the rapid increase in the activities of modern state, individualisation and changes in the
socio-economic and political scenario, more and more new crimes are coming up such as the
custodial crimes, insurgency, terrorism, organised crimes, political crime and cyber crime etc
apart enomorous increase in the traditional crimes like murder, rape, cheating, dacoity,
domestic violence against women and children etc. The Criminal Justice System has failed to
deliver proper justice to people at large. The different sub-system of Criminal Justice System
has not been able to meet their goals and people have lost their faith in the existing Criminal
Justice System.

Narco-Analysis test has been successfully conducted on the accused person in the various
criminal cases.

The Gujarat H.C. has held in Santosh Sharmanbhai Ladeja v. State of Gujarat, that the
Narco-Analysis test is basically conducted under the supervision of doctors and proper care is
taken and there is observation of the state of the accused and as such, the element of risk is

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minimal risk is in fact part of life and pervades in most of human activities and on this ground
alone, therefore, the impugned test cannot be condemned.

In Abhay Singh v. State of U.P It was held by Justice Barkat Ali Zaidi that hairs and nails
of the accused can be taken for utilisation during the investigation even if the accused does
not agree for the same. If that invasion of the accused is permissible, the principle should be
applicable to Narco-Analysis and Brain mapping Tests also. It means that other scientific test
may also be conduct on the accused person without his/her consent. The discovery of the
truth is the desideratum of investigation ad all efforts have to be made to find out the real
culprit, because one guilty person, who escapes, is the hope of one million .Court have
therefore to adopt a helpful attitude in all efforts made by the prosecution for discovery of the
truth .If the Narco-Analysis and Brain-Mapping test can be helpful in finding out the facts
relating to the offence, it should be conduct on the accused person.

In Selvi Murugeshan v. State of Maharashtra Kavita Murugeshan, wife of Shiv Kumar

and daughter of Selvi Murugeshan, a T.N sitting MLA lodged an FIR that her parents and
their friend Govindraj, president of MGR Fans’ Association and President of Erode District
unit of AIADMK have murdered of her husband She had charged her parents for the murder
of her husband as she has made love marriage with him ,who belonged to the other caste
,against the wishes of her parents .The victim was kidnapped while he was walking with his
wife (the complainant )and next day he was found murdered at a field in attebele Police
Station limit in Bangalore rural district. His head was smashed with a boulder and he was
identified by his driving licence. In this sensational case, the investigating agency made
demand from the court for conducting Narco-Analysis test. In this case, the question before
the court was that whether conducting of Narco-Analysis test on the accused person will be a
violation of Article 20(3) of Indian Constitution?

It was held by the Court that it will be depend upon the nature of the question which are to be
asked from the accused person. Whether the statement made or any information given by the
accused person will be either exculpatory or inculpatory and it is only inculpatory statement
which is hit by the Article 20(3) of the Constitution. Whether the accused make inculpatory
or exculpatory statement will be known only after the test is conducted and not before that.
Collection of evidence is permitted under the law by the police officer. Conducting the
NarcoAnalysis test on the accused person is also part of collecting the evidence. It was
further held by the court that this test should be performed in the presence of expert team of

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doctors. In this case, court permitted the authority for conducting the NarcoAnalysis test. The
Narco-Analysis test showed the involvement of Selvi Murugeshan and her husband but they
were let off due to the lack of other evidences.

CRITICISM OF NARCOANALYSIS TEST

Narcoanalysis has been criticized on the ground that it is not 100% accurate. It has been
found hat certain subjects made totally false statements. It has been found that certain
subjects made totally false statements. It is often unsuccessful in eliciting truth as such it
should not been used to compare the statement already given o the police before use of drug.
It has been found that a person who has given false information even after administration of
drug. It is not much help in case o malingers or evasive, untruthful person. It is very difficult
to suggest a correct dose of drug for a particular person. The dose of drug will differ
according to will power, mental attitude and physique of the subject. Successful
narcoanalysis test is not dependent on injection. For its success a competent and skilled
interviewer is required who is trained in putting recent and successful questions.
Narcoanalysis test is a restoration of memory which the suspect had forgotten. This test result
may be doubtful if the test is used for the purposes of confession of crimes. Suspects of
crimes may, under the influence of drugs, deliberately withhold information or may give
untrue account of incident persistely. Narcoanalysis is not recommended as an aid to criminal
investigation. In medical uses like in treatment of psychiatric disorder the narcoanalysis may
be useful. Unless the test is conducted with the consent of the suspect it should not be used in
criminal investigation.

RIGHT TO SELF INCRIMINATION: IS IT AGAINST PUBLIC INTEREST:

The other view regarding the legal validity of Narco analysis test is that it is used as an aid
for collecting evidence and helps in investigation and thus does not amount to testimonial
compulsion. Thus it does not violate the constitutional provision regarding protection against
self-incrimination. Supporters of narcoanalysis test are of view that Narcoanalyis is
particularly useful when there is a requirement to elicit required information for preventing
any offences by terrorist. However its application must be assessed objectively so that it can
be replaced by existing conventional method of interrogation which brought shame, ignominy

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and disrepute to police leading to erosion of credibility of criminal justice system.
Narcoanalysis can evolve as viable effective alternate to barbaric third degree methods. Care
however must be taken that this procedure is not misused or abused by investigating officer
and should be correlated with corroborative. In case of Dinesh Dalmia v State of Madras it
was held by Madras Court that scientific test of accused by conducting polygaphy.

Narcoananlysis and brain mapping test on accused to bring out truth would not amount to
breaking his silence by force The irony of the modern law jurisprudence is that there are
many learned counsels engaged to defend the rights of the accused while there is none to
defend the public cause and interest. In Krushi and Charminar Bank Scam, evidence
thousands of depositors lost their life time earnings and savings meant for education the kith
and kin, to perform marriage of the children and pensioner benefits vanished overnight
shattering their dreams and pushing them to the brink of bankruptcy and suicides. Yet when
the M.D of Krushi Bank was nabbed, he refused to undergo Narco analysis procedure.

In such instances, if the right against self incrimination is upheld against the public interest
and it would weaken the evidence and thereby denial of justice to the public. Murderers,
money launderers, terrorist are allowed to walk away Scott free exploiting the loopholes in
the legal system. Ironically in all these issues we apply criminal procedures only to protect
the individual freedom of the accused while rights and lives of many people have been
sacrificed.

The present criminal justice system is obsessed with individual liberty and freedom and in
this context a safe passage forgone and criminals due to weakness in the criminals due to
weakness in the criminal justice system leading to dilution of evidence. Since the validity of
the test and admissibility of Narcoanalysis is upheld taking into consideration the
circumstances under which it was obtained , there is a little possibility of miscarriage of
justice when administered as per procedure prescribed and observing the due safety
precautions, the apprehension on the part of counsels of accused and critics is unwarranted.
The provision of administering Narcoanalysis test when made compulsory for the accused
/witness in grave offences will pave the way for improving the quality of criminal justice
through strengthening of evidence system. This move will bring about a qualitive change in
the criminal justice and the erstwhile death chambers of police stations are replaced by
operation theatres administering truth serum on the criminals and thereby offering a ray of
hope that justice at last will prevail.

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CONCLUSION

It is the prime duty of every state to protect rights and liberties of the people, for this state has
to develop such kind of norm which imposes restriction on the accused and protect the
innocent. The society to be a peaceful and crime free only when it is governed by the rule of
law and having established, well founded criminal justice system for the protection of people.
This is the reason the Technological advancement became need for the survival of any
developing society but this advancement reveals fruits only when their use ensure for the best
purpose of society. The utilization of technological advancement in commission of crime is
the negative face of Technology which compels the public authorities to change the strategy
in the prevention and protection of citizens from crime. The criminal justice system in India
since a decay faces serious problem where the crime rate is continuously increasing and the
conviction rate is simultaneously decreasing. It was felt by the agencies that there is urgent
need to change in the policy and strategy for the prevention of crime. In has been witness
during last twenty years that the world faces serious terrorist attacks problem and one of the
major problem in India is different spheres and faces of crimes including Terrorist activities
which needs to be sorted out. The Criminal Justice system in India is looking a tremendous
change of circumstances where the role of investigating agencies became significant and
inclusion of technology like Narco Analysis Test made this change operative and fruitful. The
system faces many serious issues related to delay in Justice and conviction which can only be
possible by utilization of such technology which given a space of these technique. It was
found that the investigation playing a major role in the conviction of crime and it is lacking
because of technological advancement of criminals. This compels the investigating agencies
to use technology in truth finding.

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 BIBLIOGRAPHY

BOOKS:

NARCO ANALYSIS, BRAIN MAPPING & LIE DETECTOR TESTS - JAIN BOOK
AGENCY
NARCO ANALYSIS, BRAIN MAPPING AND LIE DETECTOR TESTS

LAW OF LIE DETECTORS

INTERNET SOURCES

HTTPS://WWW.JAINBOOKAGENCY.COM/NEWDETAILS.ASPX?ID=67928

WWW.RMLNLU.AC.IN/WEBJ/SONAKSHI_VERMA.PDF

REDIFF.COM/NARCO-ANALYSIS-AND-BRAIN-MAPPING-TESTS

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