Role of narco analysis test in criminal

investigation
Abstract:

Our citizens have advanced in science, but they have also advanced in criminality.In our
nation, there are numerous ways to look into crimes like this and uncover the truth.Real DDT
test, which is used to read people's mental states and uncover the truth, is discussed in this
article.I wrote this piece in addition to a few notable and significant cases.This test is
subversive in addition to being useful in the criminal inquiry.This test has been
misinterpreted in certain instances.I have discussed the features of the DDT narcoanalysis test
as well as how it varies from other DDT S tests in this article
I analyze the judicial view of this experiment, which is considered to be a violation of human
rights and fundamental rights of the people. Even if a person is a murderer, he has freedom
according to the Indian political system, so he has the right to resist when an illegal drug test
is conducted without a person's consent. So Supreme Court of India has put many restrictions
on this test but this test confession some cases drug test is allowed some cases are restricted.
It is also said that the test is not legally valid in India. This article is written with the help of
primary and secondary sources.
Introduction:

Criminal investigations are analyze and examine possible crime scenes to determine
whether a crime has been committed and, if so, to record and collect evidence. There are
many types of interrogation of the accused such as polygraph, narco analyzes test, brain
mapping all these are called in DDT (deception detection tests). But this tests are not accept a
primary evidence in court. But these tests are not admissible as prima evidence in court, then
our Indian Judiciary says these tests violate our constitution too. So in this article we will
discuss in depth about one of the DDT of narco analysis test.

Overview of narco analysis test:

The process of narco-analytical testing involves the injection of sodium pentothal

(one type of drug). Also known as "truth serum". A mixture of 3 grams of sodium and 300
grams of digital water is given to the person. A person a drink of this truth serum to reduce
and activate a person's consciousness. He or she should speak freely. This behavior of
speaking freely begins to happen as a person becomes less inhibited and enters a full hypnotic
state. This position allows examiners or investigation Officers should ask questions and get
real and genuine answers. The term narco is derived from the Greek word narke, which
means insensitivity. This test is interconnected with the polygraph test but this test is
conducted with electronic instrument. In this test first time used in united state in 1922,
Robert House, a Texas obstetrician used the drug Scopolamine on two prisoners and this
testing first time conducted in Narco test in India was first conducted during the investigation
into the Godhra carnage case.2002. This term narco - analysis was coined by Horseley. Then
this serum have been used by intelligence operatives during World War II also.

Judicial process of truth serum test:

In this test it’s not easy to conduct. It’s have so many legal procedures. before the test
that person give his consent front of the magistrate Selvi & Ors vs State Of Karnataka & Anr
on 5 May, 2010 This case the courts states the narco analysis test conduct without a person’s
concent that is void and that is violate the Article 20(3) and Article 21 of the Constitution.
national human rights community submit all proofs about the test that person's details, health
condition all are submit in the court (court order is mandaetory). that particular person have
right to declain the testing.(accused also). Then one police officer to say all detail and side
effects about this test to a person. and that person's lawyer is appearing in all discussion about
this testing he also having a right known as. then this investigation conduct by the separate
team. that team included abesthesia doctor, psychiartist, forensic psychiartist, nurses (for
asses) and audio & video grapher. then these test organized by a independent agency they
have a capablity and elligiblity also. The psychiatrist’s says the investigation is staterd with
three pattern of questions there are general questions, middle level questions, specific
question the crime scene related questions are asked in the specific question pattern. This are
consider equal to the investigations but not accept Substantial evidence.

Discuss the Constitutional validity:

Narco analysis test it’s only conducted in rare and critical criminal cases only. This
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 (based on video and audio evidence).
Then as states in the above paragraph, this tests are violate the fundamental right against self-
incrimination under Article 20(3) and Right to life and personal liberty under Article 21.
Article 20(3) under the Constitution of India enshrines the right of a person to remain silent
and no person accused of an offence shall be compelled to be a witness against himself. In
this right that ensures an individual's personal privacy. The right to silence was first
enunciated in Nandini Sadpathi v. PL Dani[3] where the court held that no one can coercively
extract statements from accused persons who have the right to remain silent during the trial
especially during trial. Narco leads to forced entry into one's mind, which is against an
individual's right to privacy as stated in this cases.
This provision states three main components their are:-
1. it is a right pertaining to a person accused of an offence
2. it is a protection against compulsion to be a witness; and
3. it is a protection against such compulsion resulting in his giving evidence against himself
Therefore we known as a narco analysis test don't have a Constitutional validity. many
peoples are used these to illegal activities then also and so many ing time it's not give a
accurate answer some peoples are not says a truth ion the test.
Supreme court judgments about narco analysis test:

such important cases are only allowed this tests bot nowdays this test are restricted in our
nation. we see some landmark judgements about these test. Sister abhaya's murder case in
kerala, this case sister abhaya murdered by two fathers and one nun (kill with axe and put
dkwn the will setup like a suicide) this case is very difficult to find a truth so the Supreme
court allowed narco analysis test to the accused, they says all truth they confessed to the
murder but that narco test cd evidence (video proof) was edited 40 time by the investigator
so the court reject atcept that cd evidence as proof of these case. Sharadha walkar’s murder
case (Delhi) in this case a court order to take a narco test of the accust of this case Amin
poonawala 28 years-old he is killed is living partner and chole her body into 35 pieces and
throw to the various places on forest. The court order to conduct narco test in this case he is
accept he kills his girlfriend and disposed of her body parts in different locations across the
forest areas of Delhi. DK basu v.state of west bengal 1997 case, in this case supreme court
states narco analysis test is create the amount to cruel, inhuman, and degrading treatment in
the context of Article 21 of Right to Life and Liberty and other some critical case
investigations are court approved narco tests there are:-
sister sherly v. central bureau of investigation 24 june, 2009
in this case a court order to C.B.I permitted to conduct the narco analysis test on the suspect;
Abdul karim telugu case, in this case the accused involving so many scams the court conduct
narco analysis test on him. He says so many details about this scam it is a one of the famous
case in india. Then other such murder cases are their Nithari murder case, Aarushi murder
case, Shashi murder case also.

Highlights and Challenges:

Narco analysis test it's very effective because usually a person after take drug they says true
only this is common thing but some people's are excepted. This test is one of the investigation
process of Criminal case and sensitive cases also. After the injunction the sodium pentothal
serum of a person psychiartist ask questions related to the cases he truly answered. Before
doing the narco analysis test, you need to know the physical nature of the person. There are
chances of some side effects while taking this medicine but this test helps criminal
investigation at most it can be said as a kind of hypothesis method. When all attempts to
reach out to the accused to find out the truth are unsuccessful this position helps the trial find
out the truth from the accused in those cases. These all are some good features of narco
analysis test.
then other side this testing have many cricism and negativities also this Sirum (sodium
petathol) make some side effects also. but it's violate some Article of our indian constitution
(Mainly Article 20(3) & Article 21). Many behavioral science advisory groups use the
science of narco synthesis‌ India is known as the global capital of narco-analysis to support
illegal investigations. Then it is very difficult to give a specific fixed dose of medicine to an
individual because the dose varies from person to person. Varies with mood and body
composition. Administering the wrong dose to an individual can lead to his death. It's create
some brain injuries mental illness also this test is criticised by legal authorities, human rights
activitist, medical practitioners and some forensic psychiartist also.
To date, no scientific evidence has been found to suggest that such an experiment would be
successful. These tests are still controversial in the medical field today. Nowadays,
investigative agencies use these tests as an alternative to torture in criminal investigations or
as a third-degree substitute for truth-finding. These tests may have an adverse impact on
individuals who are unaware of fundamental rights and unable to seek legal advice.

Difference between DDTs :

Narco analysis test Polygraph test Mind mapping test

This test is conduct with a drug It's conducted with a It is similar to hypnosis,
of sodium pentothal Scientifical instrument which is a method of testing
and technology through auditory recordings
such as music, tones or
words, or through
conversation where memory
recall is triggered.

It is a type of criminal blood pressure, pulse, This test measures the brain
investigation. It is a method of respiration, and skin activity of a suspect during a
hypnosis. During this period a conductivity are crime investigation to see if
psychiatrist will ask certain measured and recorded that person is hiding any
questions about the crime and the while These all are information or not.
person can only tell the truth to calculate in the
those questions investigation period

In this investigation mostly uSed Italian criminologist This test originated in the
in world war 2 and such Cesare Lombroso 1880s
important cases performed a similar test
in the 19th century to
measure changes in
blood pressure of
criminals during
criminal trials.

This test is also known as fact This test known as a lie This test also called p-300
finding test or truth serum test. detector test test

Narco analysis test is often This method is one of the

conducted in criminal cases, rare investigation methods.
criminal investigators and Although this test is rarelyThis
usedmethod is also
in criminal usedit in
trials, has been used as part
magistrates give this test first the medical field e.g. X-ray
priority in criminal investigation.

My personal stand point of narco test:

I says my own opinion about the narco analytical test in this stanza. narco analysis test, It's a
one of the scientifically improvement in this investigation. some cases it's working but such
other case are rise some Problems. these test is a part of criminal investigation this test
evidence are consider a based on assumptions and probabilities. I have read many articles
about this test. Even if a person living in our country is accused, the constitution of our
country applies to him, he also has freedom, but sometimes higher authorities violate this
rule, no one has the right to violate the fundamental right of others. The Supreme Court in
the case of Selvi vs State of Karnataka & Anr 2010 said: It is a violation of a person's mental
freedom. This test is conduct the specified process to find out evidence and only such
evidence will be accepted by the court

Conclusion:
It is still unclear to what extent the complaints of this Narco analysis test are valid. Modern
criminals utilize technology to further their illegal operations, which has forced the criminal
justice system to enlist the assistance of the scientific and technical community in addition to
the police, courts, and prosecutors.
The institutional architecture, norms governing evidence, and legislative procedures that were
put in place many years ago are no longer sufficient to meet the needs of the modern era.
Because of the lack of reliability and insufficient scientific evidence, these techniques are
necessary to analyze using drugs. Knowing how to obtain and use statements or incriminating
evidence. However, as investigative tools, they are useful for solving some complex
situations. The government should encourage the use of scientific methods in long-term
investigationsThey should not affect human dignit