UNIVERSITY INSTITUTE OF LEGAL STUDIES,

PANJAB UNIVERSITY, CHANDIGARH

(Project report submitted as a part of Curriculum of subject “Forensic
Science” in the course of B.a LLB)
Session: 2024-25

ADMISSIBILITY OF NARCOANALYSIS TEST IN

CRIMINAL JUSTICE SYSTEM

PRESENTED TO: - PRESENTED BY:

DR. ANJU CHAUDHARY KANIKA
\ SECTION - B
ROLL NO- 61/20
CLASS- BA. LLB
SEMESTER- 9
 ACKNOWLEDGEMENT

I would like to express my special thanks of gratitude to my teacher, Dr.Anju Chaudhary whose
insightful leadership and knowledge benefited me to steer out this project successfully. This project
helped me in doing a lot of research and I came to know about so many things.
I express deep and sincere gratitude to my parents whose guidance, encouragement, suggestion and
very constructive criticism have contributed immensely to the evolution of my ideas on the project. I
must also thank my friends who have always been a major source of support.
Lastly, I would like to thank the Almighty for giving me enough strength and wisdom to finish the
project.
I AM REALLY THANKFUL TO ALL THOSE WHO HELPED ME!
TABLE OF CONTENTS

INTRODUCTION ........................................................................................................... 4

HISTORY .......................................................................................................................6

PROCEDURE OF NARCOANALYSIS TEST ........................................................................7

THE INTERPLAY BETWEEN NARCOANALYSIS AND CONSTITUTIONAL AND LEGAL

PROVISIONS ................................................................................................................. 8

ADMISSIBILITY OF NARCO ANALYSIS TEST ................................................................. 11

RECENT CASES OF CONDUCTING NARCO ANALYSIS TEST ...........................................15

CONCLUSION ............................................................................................................. 17
ABSTRACT
Society is always changing according to the humans living in it therefore norms cannot be
kept stagnant and equally need changes according to the social, economic and cultural
condition of the society. The criminal justice system also witnesses such kind of changes with
the span of time which has been made by the investigating 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 are
frequently using these days. Among these the Narco Analysis Test is one of the technique for
which investigating agencies have been questioned many times. Through this Research paper,
researchers will analyse whether the Narco-analysis is admissible as evidence by the courts
and if admissible then what are those circumstances. Along with which researchers will
analyse, whether the use of Narco-analysis in the Criminal investigation is a violation of the
fundamental rights of the subject as guarded by the Indian constitution. In conclusion,
whether the courts have the power to grant permission for conducting the Narcoanalysis test
to the accused by disregarding fundamental rights as guaranteed by the Indian constitution.

KEYWORDS: Investigation, Criminal justice system, Lie detector, Brain mapping, Narco-
analysis Technique.

INTRODUCTION
To regulate society, so many things are required and one most important is sound criminal
justice system which can able to make society free of criminals and criminal activity. To
create a crime free society it is very important that everyone should have descent heart and
mind, if not so, it can only be dreamed. The Right to information Act gives right to know the
information of public importance which can be demanded from offices and which is available
in document form but the information only known to self is very difficult to extract and
becomes crucial for criminal investigation. To extract this hidden information from human
mind there are scientific methods popularly known as deception detection tests (DDTs).1
The term narco-analysis is derived from the Greek word narke (meaning ‘anesthesia’ or
‘torpor’)2 and is used to describe a diagnostic and psychotherapeutic technique that uses

1
Ajay Kr. Barnwal and Dr.S.N.Ambedkar, Narco-analysis Test: An analysis of various Judgements of Indian
Judiciary
2
Snehal S Shinde, ‘Narco - Analysis - A Tool of Investigation’ (2021) 3 International Journal of
Multidisciplinary Research and Development
psychotropic drugs. The drug used in the test is often called the “truth serum” is not just one
compound or chemical but is made using many substances especially barbiturates.3 The
substances used are Scopolamine, Sodium Amytal, and Sodium Penthanol. These drugs can
only be administered by certain people and can only be carried out by police forces and not
by any judicial person or administered.
It is believed that an individual is able to lie by using his imagination. In the narcoanalysis
test, the subject’s imagination is neutralized by making him/her semi-conscious. In criminal
investigation, suspects are encouraged to talk about their experiences and in semiconscious
state these suspects may discuss events what would ordinarily be depressed as narco tries to
recall repressed materials and the therapist gives post-hypnotic suggestions to the patient
because the suspect is not in a position to speak up on his own but can answer specific but
simple questions. The answers are believed to be spontaneous as a semi-conscious person is
unable to manipulate the answers4. Experts inject the subject with Sodium Pentothal or
Sodium Amytal. The amount of sodium pentothal varies from person to person but generally
it is of 3 grams dissolved in 3000 ml of distilled water and injected with the help and
presence of anaesthetist intravenously along with 10% solution of dextrose over a period of
three hours. This whole process is controlled by pushing the suspected person into the state of
hypnotic trance and monitoring the blood pressure and heart rate continuously. The questions
carefully framed by the expert and some are being repeated and the statements made during
the hypnotic trance are recorded. The dose is dependent on the suspect’s sex, age, health and
physical condition. A wrong dose can result in a person going into a coma, or even death.
The technique to extract truth from suspect through narco analysis in present time may prove
a big importance for the investigating agency in India where the gap between the rate of
conviction and rate of accusation are very large. The Narco Analysis Test is one of the
methods of DDT‟s which currently very much in debate and has important clinical, ethical,
scientific and legal implications.
Narco-analysis is one of such scientific forms of investigation in which some sort of
statement from the accused is acquired which might form evidence. The Evidence Act is
completely silent on such employment of scientific process. Such process has often been
criticized as against the tenets of Constitution and on the other hand has been upheld as a
necessity to evaluate some complicated issues.

3
Soham Sarkar and Shubham Singh, 'Narco Analysis Test: Admissible or Not?' (SSRN, 2018)
4
LEGALITY OF NARCO-ANALYSIS TEST UNDER INDIAN CONSTITUTIONAL LAW: A STUDY 2010
2 MLJ Crl 39 Madras Law Journal - Criminal (Journal Article)
HISTORY
The term narco-analysis was coined by J.Stephen Horsley. The narco-analysis test also has
various names as 'narcoanalytic interview' 'narcosynthesis' and 'amytal interview' and it is
most known as ‘Truth serum test’. Initially during the 1890's the narco agents were used by
Freud to hypnotize patients making them relax thereby aiding the patients to discuss difficult
emotional matters. Later came the discovery of barbiturates by a psychiatrist namely William
Bleckwenn, he propounded that the administration of barbiturates to the patients takes them
into a “lucid interval” which makes them express their mental state like never before.
The history of narco-analysis test in criminal investigation dates to wherein, Texas physician
Robert House in 1922 arranged interview under scopolamine of two prisoners in Dallas
County Jail. Under the drug the both men denied about the charges on which they were held
and both upon trial not held guilty. It was a case where the Scopolamine used for the purpose
of Narcoanalysis. Later on Calvin Goodard coin this term “Truth serum” and made the claim
that under the influence of Scopolamine it is impossible to lie5. This invention of House was
featured in an article of Time in their 1923 edition titled “The Truth-Compeller”.6
Soon, its usage became evident in World War II in order to treat the injured soldiers and
shortly it had its role in interrogation in the Cold war.7
The use of narco-analysis in Indian criminal investigation has its roots in the year 1935 after
which it was in a dormant position for over 67 years and was again put on to use in the case
of Godhra Communal Riots which was a case of Hindu- Muslim communal fight. The test
was used in various important cases from then till date and had a turning point in the Indian
criminal investigation system wherein the right against self-incrimination is enshrined in the
constitution of the land as the fundamental right guaranteed to the citizens. The Narco
Analysis test has been carried out in several cases such as :
 Militant case if Lakshar-e-Taiba
 The double murder case of Arushi-Hemraj
 Bomb blast case of Malegaon

5
Ajay Kumar Barnwal, Prof. (Dr.) A. Nagendra Sole Research Scholar, Development of narco Analysis Test as
Investigation Technique In The Criminal Justice System: An Indian Perspective Department of Public Policy,
Law & Governance, Central University of Rajasthan, Bandarsindri, Ajmer (Rajasthan).
6
Jeet Sinha, Kapuluru Saivarun and Aishwarya N Admissibility of Narco Analysis test in Criminal courts
VOLUME 2 ISSUE 3 2021 burnishedlawjournal.in
7
Ajay Kumar Barnwal, Prof. (Dr.) A. Nagendra Sole Research Scholar, Development of narco Analysis Test as
Investigation Technique In The Criminal Justice System: An Indian Perspective Department of Public Policy,
Law & Governance, Central University of Rajasthan, Bandarsindri, Ajmer (Rajasthan).
 Bomb blast in Mumbai Train
 Nitahri Murder case
 Case on Mohammed Amir Ajmal Kasab, Mumbai terrorist Attack

PROCEDURE OF NARCOANALYSIS TEST

In India, the narco-analysis test is carried out by a team consisting of an anesthesiologist, a

psychiatrist, supporting nursing staff, forensic psychologist and audio-videographer and the
drugs used are hyoscine, sodium amytal, phenobarbital and sodium pentothal which is the
most commonly used drug in narco-analysis procedure. The dosage of the drug depends upon
the body condition of the subject. The narco-analysis test may even lead to death in case of
the wrong dosage to the subject. The narco-drug binds with the gamma Aminobutyric acid
(GABA) which is the predominant inhibitory neurotransmitter in the central nervous system
of mammals. This binding results in sleepiness. The injection of the drug causes depression to
the central nervous system thereby making the heartbeat slower and the blood stress would
lower down. The subject is allowed to be in a semi- wakeful state prohibiting the subject to
go into a deep sleep charge. In this stage, a skilled clinical or forensic psychologist is allowed
to post several questions relating to the crime to the subject and this would be recorded by an
audio-videographer8.
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
The first two stages may last only for 2 or three 3 seconds but all these stages can be
distinguished from subject to subject depending in amount of dose and the way with which
the drug is induced. Stage three is treated as psychiatric stage in which the subject undergoes
for the interview, it will last for few minutes but this duration can be increased by slowly
injecting drugs depending upon the subject. 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.9

8
Mohan B.M., "Misconceptions about Narco Analysis" 4(1) Indian Journal of Medical Ethics, (2007) at P.7.
9
Snider, R.S. Cerebellum. Sc. Am. Aug. 1958, 84. See also, Freedmen, L.Z. “Truth drugs,” Sc. Am. March
1960, pp.145-154.
The four stages of conducting narco analysis test are-10
1) Interview before the test: This state is known as the pre-test interview wherein the
subject is given all the information and procedure about the test and the consent of the subject
is taken.
2) Pre-narcotics stage: During the stage, there is an intravenous administration of sodium
pentothal or sodium amytal to hypnotize the subject. Five to ten percent of the drugs are
injected slowly in antecubital vein NMT 1gm/ grain per minute. This is the beginning stage
of the interview. The impulses that pass through positive nerves and body parts are blocked
which leads the subject to semiwakefulness.
3) Semi Narcotic stage: It is the stage where the interview is conducted by a forensic expert
for a psychiatrist when the subject is slurred in speech and slowing down in the pace of
speech. Some common features that the subject might exhibit at this stage may include cozy,
slackening of features, full of exhilaration, silliness and giggly. After conducting the
interview this subject is allowed to sleep of under once the subject weights full examination
of the body takes place after which the subject is given a caffeine drink.
4) Post Test Interview: It is the final stage where the memory of the subject is examined by
the physician and the subject also has a right to know what the subject has revealed in the
interview.

THE INTERPLAY BETWEEN NARCOANALYSIS AND

CONSTITUTIONAL AND LEGAL PROVISIONS
A test like narco-analysis is bound to bring with it a plethora of legal issues in a democracy
like India. The test raises fundamental issues such as right to life and liberty, Human Rights
and privilege against self incrimination. The apex court of India has also given variable
opinion in different cases and circumstances. Most legal questions challenge the test as
intrusive of the rights conferred under Article 20 (3) of the Constitution.
Article 20 (3) of the Indian Constitution reads “no person accused of any offence shall be
compelled to be a witness against himself”11. It implies that the right is:

a) Available only to an accused: The clause prohibits compulsion of an accused person to

produce evidence/ be a witness only against himself and not against others. Therefore, this
clause is often known as the right against self-incrimination. If narcoanalysis is conducted on

10
Rai, Supriya., “Narco Analysis Constitutional imperatives, SLS.
11
The Constitution of India 1950
an “accused”, then Article 20 (3) will be attracted. However, if the same is carried out on a
suspect, it will not be attracted. The same has been answered in State of Andhra Pradesh v.
Smt. Inapuri Padma12 , wherein the court was of the view that Article 20 (3) does not extend
to suspects and hence sanctioned the narco-analysis of certain suspects.

b) A safeguard against compulsion to be a witness against himself: The question of

compulsion as such doesn’t arise as the consent of the concerned person is to be obtained
prior to conducting the test. However, what if such consent is obtained forcefully or through
intimidation? To overcome such scenarios, it would be wise to include mandatorily include a
question as to whether the consent is free or not during the interrogation session post the
administration of barbiturates. There may also arise the question whether a confession made
by an accused would be hit by Article 20 (3). In Kalawati and Anr. v The State of Himachal
Pradesh,13 the apex court held that Article 20 (3) does not apply where the confession is
made by an accused without any inducement, threat or promise. Similarly, in Kathi Kalu
Oghad14, the apex court held that the mere questioning of an accused by a police officer,
resulting in a self-incriminatory voluntary statement, is not compulsion and hence is out of
the purview of Article 20 (3).

c) A safeguard against compulsion to give evidence against himself: Only self-incriminatory

statements are attracted under this head. The nature of the statement given – whether
incriminatory or not, can be determined only after the conclusion of the test and not before it.
In Ramchandra Ram Reddy v The State of Maharashtra15 , the Court held that tests like
NarcoAnalysis are not violative of Article 20(3) by observing that ‘Whether or not the
statements given under narco-analysis is self-incriminatory can be determined only after the
conclusion of the test and not before. Besides, there are enough protections under the Indian
Evidence Act, 1872, the Code of Criminal Procedure, 1973 and the Constitution, to prevent
inclusion of any incriminating statement, if any, made in consequence to the test’.
Also, narco analysis has been challenged on the ground of violation of Article 2116 of
Constitution. Privacy is an essential attribute of right to life and liberty guaranteed to the
citizens of India. This Article has been judicially expanded to right to live with human dignity.
In Rojo George v. Deputy Superintendent of Police17, the Court pointed out the fruitlessness

12
2008(2)ALD(Cri)668
13
Kalawati and Anr. v The State of Himachal Pradesh, Criminal Revision Case Nos.459 & 460 of 2008,
14
AIR 1961 SC 1808
15
1 (2205) CCR 355 (DB)
16
The Constitution of India 1950
17
2006 (2) klt 197
of conventional interrogation techniques in an era where crimes are committed using
sophisticated technologies and emphasized on the need to allow tests like narco-analysis. The
court ruled out the possibility of violation of fundamental rights when tests are conducted
under the strict supervision of the expert. The Kerala High Court held that narco-analysis
testing does not amount to deprivation of personal liberty or intrusion into privacy. The Court
also rejected the contention that narcoanalysis can be potentially hazardous and violate the
right to health.
Though having the same effect in spirit, a slightly different approach was taken by the court
in Santokben Sharmanbhai Jadeja v.The State of Gujarat18. In the instant case, the court
justified narco-analysis as a last resort after exhausting all humanely possible ways to find
evidence or clues. The court also reiterated that mere administration of narco-analysis test on
the accused doesn’t violate Article 20(3) and the same is violated only if the self-
incriminatory statements given by the accused under such test is used against him. Besides,
the court made an interesting observation that denial of narco-analysis test, which is indeed a
test conducted to facilitate collection of evidence,will hamper the statutorily authorized duty
of police officers i.e. power to investigate and collection of evidence which is permitted
under the The Bhartiya Nagarik Suraksha Sanhita.
The right against forced self-incrimination, widely known as the Right to Silence is
enshrined in the Code of Criminal Procedure (CrPC) and the Indian Constitution. In the CrPC,
the legislature has guarded a citizen’s right against self-incrimination. S.180 (2)19 of the Code
of The Bhartiya Nagarik Suraksha Sanhita states that every person “is bound to answer
truthfully all questions, put to him by a police officer, other than questions the answers to
which would have a tendency to expose that person to a criminal charge, penalty or
forfeiture”. Right to Silence has been granted to the accused by virtue of the pronouncement
in the case of Nandini Sathpathy v. P.L.Dani20 that no one can forcibly extract statements
from the accused, who has the right to keep silent during the course of interrogation
(investigation). By the administration of these tests, forcible intrusion into one’s mind is
being restored to, thereby nullifying the validity and legitimacy of the Right to Silence. She
claimed that she had a right of silence by virtue of Article 20(3) of the Constitution and
section 180(2) The Bhartiya Nagarik Suraksha Sanhita [Section 161 (2) of Cr. P.C]. The

18
2007 CriLJ 4566
19
The Bhartiya Nagarik Suraksha Sanhita, 2023 ( section 161 The Code of Criminal Procedure, 1973)
20
AIR 1025 1978 SCR(3)
Apex Court upheld her pleas. In the Dinesh Dalmia case21, the respondent police filed a
petition in Madras High Court seeking permission to conduct the polygraph, narco analysis
and Brain mapping test on the accused(s). The Court observed that unless such tests are
conducted the investigating agency may not be in a position to come out with clinically
testimony as against the petitioner. The Court held that subjecting an accused to undergo such
scientific tests will not amount to breaking his silence by force. The Court also observed that
he (accused) may be taken to the laboratory for such tests against his will, but the revelation
during such tests is quite voluntary, therefore, such process does not amount to compelling a
witness to give evidence as against him.”

Moreover, the tests like Narco-analysis are not considered very reliable. Studies done by
various medical associations in the US adhere to the view that truth serums do not induce
truthful statements and subjects in such a condition of trance under the truth serum may give
false or misleading answers. In M.P.Sharma v. Satish Chandra22 the Supreme 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 landmark decision of the apex court in Selvi and Ors v. The State of Karnataka23,
appears to be the authority on the matter of constitutionality of narco-analysis test. The apex
court extended the right against self-incrimination to every individual and not only the
accused. Thus, the present position is that none shall be subjected to tests like narco-analysis
without their consent. However, the court also recognized the importance of techniques like
narco-analysis in the present era and held that all other statements other than those of self
incriminatory nature can be used and will be admissible in courts of law. However, the court
also barred the usage of self-incriminatory statements as evidence against the accused. The
court also explored the possibility of the statement or information divulged by the accused
leading to the discovery of facts or materials crucial to the crime or in proving the innocence
of the accused.

ADMISSIBILITY OF NARCO ANALYSIS TEST

21
(2007) 9 SCR 1124
22
1954 AIR 300
23
(2010) 7 SCC 263
While Narco-analysis yielded an immense amount of information, it also triggered off many
questions 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.24
In R. M. Malkani vs State of Maharashtra25 the evidence of tape recording of a conversation
by police was challenged. The challenge was based on the ground that it offended Articles
20(3) and 21 of the Constitution. But the Supreme Court observed that evidence is admissible
even if it is illegally obtained unless it is tainted by an inadmissible confession of guilt. The
Court took a pragmatic approach and said that the telephonic conversation of an innocent
citizen is protected against unreasonable interference by tapping the conversation. The
protection cannot be extended to the guilty citizen against the efforts of the police to prevent
corruption of public servants. But the Courts will not permit the police to proceed by
unlawful or irregular methods and encroach with the safeguards provided to the people.
Confession made to a police officer is not admissible as evidence against accused. If
confession is made by a person while he is in custody of police it is not admissible. But
Proviso to section 2326 of The Bhartiya Sakshya Adhiniyam (Section 27 if IEA,1872) is an
exception to the rule under section 23(1)27 and 23(2)28 which prohibits the proof of

24
Satyendra Kumar Kaul and Mohd. Hasan Zaidi, Narcoanalysis, Brain Map ping, Hypnosis and Lie Detector Tests in
Interrogation of Suspect, Alia Law Agency, 2008, p.359
25
1973 AIR 157
26
Section 23 ,The Bhartiya Sakshya Adhiniyam 2023 - (1)No confession made to a police officer shall be
proved as against a person accused of any offence
(2) No confession made by any person while he is in the custody of a police officer, unless it is made in the
immediate presence of a Magistrate shall be proved against him:
Provided that when any fact is deposed to as discovered in consequence of information received from a person
accused of any offence, in the custody of a police officer, so much of such information, whether it amounts to a
confession or not, as relates distinctly to the fact discovered, may be proved.
27
Ibid (Section 25, The Indian Evidence Act, 1872)
28
Ibid (Section 26, The Indian Evidence Act, 1872)
confession made to a police officer or where he makes a confession while he is in custody of
police. The Supreme Court in case of Madhu vs State Of Kerala29 stated “the rationale
behind Section 27 of the Indian Evidence Act is the facts in question would have remained
unknown but for the disclosure of the same by the accused. Discovery of facts itself,
therefore, substantiates the truth of the confessional statement. Since it is truth that a court
must endeavour to search. Section 27 has been incorporated as an exception to the mandate
contained in Sections 25 and 26 of the Indian Evidence Act.”

Advantages & disadvantages of Narco Analysis in Indian criminal

justice system:
After analysing the cases of higher courts in India, it can be said that even Indian judiciary is
not very much clear while in few cases court has affirmative view on the process of narco
analysis but in some other cases court denied and clearly said it can’t be permitted. In their
judicial pronouncements the courts have given conditional utilization of process. It can be
said that the judiciary took harmonious construction regarding the use of this process and
given interpretation of conditional utilization so that the process absolutely could not be
ignored nor it can be used in each and every cases of crime.30 The judiciary by giving such
type of interpretation started protecting the interests of individuals as well as society.
Protection from crime and maintenance of law and order is the first priority of every state
which is in social interest and at the same time to maintain human dignity and human rights is
also the priority of state so the conflict of social interests and individual interests can be
regulated by the judiciary. By looking at the judicial pronouncements and literature,
following advantages and disadvantages can be enumerated.31
Advantages:
 By looking the present pathetic condition of society regarding criminals, crime rate and
affected innocent people, it seems to be right time to check the ways by which this can be
reduced. It can be possible by giving rich technology to the investigation agencies and
Narco analysis is one of them.

29
AIR 2012 SC 664
30
Gawsia Farooq Khan, ‘Narco Analysis Test: A blessing to Criminal Justice System, it’s Reliability and
Admissibility in light of various Judgments’ (2018) 4 International Journal of Law
31
Shalini Tyagi, ‘Importance of Narco Analysis Test in Investigation and it’s Admissibility’ (2017) 3 Journal of
Legal Studies and Research
 To facilitate the investigating agencies there is need to provide an option of scientific
tools which can be applied when there is absolute darkness to discover evidence.
 The traditional method of extracting truth by torture is very heinous which violates the
rights of individuals and it is also blot in the society.
 The process is only harmful to the body when the doses are very high which only
injected in the presence of experts.
 The questions framed by the specialized person and expertise of the process so there is
very less possibility to tell a lie, as indicated by many foreign and Indian writers.
 The evidence extracted through this process may be denied as reliable but it can be used
to get an admissible evidence, to corroborate with other evidence or in support of other
evidence.
 Mere questioning of a person by a police officer while the person is suspected in a crime
and the same is voluntary statement can‟t reveal as incriminatory. As in Abu salem Case,
he disclosed many important information and his involvement of crime.
Disadvantages:
 In the process the chemical is administered in the body of a person so the dose of the
chemical decides according to physique, mental attitude and will power of the person. A
wrong dose of chemical may lead to a state of coma or even death of the person.
 If the person is drug addicted one then again the process is not as much successful as
needed for collecting evidence.
 Reliability of information given by the subject is also under some shadow because the
subject from whom the information is collected is in semiconscious stage and hence the
question of reliability of such information is being raised.
 The well known principle of criminal justice system is that the person giving information
should be well and fit but in the narco analysis test the person is in semiconscious stage.
 Legally speaking, the constitution of India part III Article 20(3) clearly says no person
shall be a witness against himself. The process may declare as a violation of fundamental
rights of Constitution.
 Section 25 of Indian Evidence Act, 1872 says that the confession made by a person under
police custody could not be admitted as evidence. It means there would be possibility of
non-admissibility of evidence after performing the whole process.
 Under section 180(2) The Bhartiya Nagarik Suraksha Sanhita, the police officer
authorised for investigation may ask orally any question to the person aware of facts and
circumstances of the case and person shall bound to answer all the question except the
 questions, answer of which would have a tendency to expose him a criminal charge or to
a penalty or forfeiture.
Thus the Narco-analysis Test contains both advantages as well as disadvantage features. Law
as a guardian of the society needs to be changed in science and technology, according to the
social paradigm, ethics and scientific development. The developments and scientific use of
such developments should be welcome step in the criminal justice system. There are other
reasons which can be enumerated here:
Our criminal justice system needs to raise capability and sophistication and for this object,
there is need to include new scientific methods of investigation process. Society is dynamic
and the crime pattern has also changed over a period of time and technological advancement
made the system much more complex and requires this methods.
In India the conviction rate is very less and crime rate is very high. The main factor
responsible for this gap is poor investigation, which can only be solved through improvement
in the investigation and for this reason scientific method like narco test is a must. Various
cases like Abu Salem, Nithari case, Arun Bhatt Kidnapping case etc. the Narco Analysis was
very much useful in solving the cases. Thus using this method the complex offences can be
resolved. Now a days criminals are going on high-tech and indulging in cyber and internet
crimes. To extract truth from them with traditional method of investigation is not much
effective in the criminal justice system. World’s best investigation Agency like US had used
the Narco Analysis test for extracting truth after September 11 incident and it was written by
Gerald Posner that US agency also privately believes that the Supreme Court of US also
implicitly approved using such test where the public safety is at risk.18 The head of Drafting
Committee of the National Criminal Justice System Policy Prof. N.R. Madhavan also
recommended for the utilization of scientific method in investigation process in India.

RECENT CASES OF CONDUCTING NARCO ANALYSIS

TEST

Nithari Serial Killings Case (2006): Narco-test was used during the investigation into the
Nithari serial killings, a case involving the brutal murders of several children and women in
Noida, Uttar Pradesh. Suspects Moninder Singh Pandher and his domestic help Surinder Koli
underwent narco-analysis tests to extract information about their involvement in the crimes.
Sheena Bora Murder Case (2012): Narco-test was used during the investigation into the
murder of Sheena Bora, a case that garnered significant media attention due to its complex
and sensational nature. Several suspects, including Sheena’s mother Indrani Mukerjea and
her former husband Sanjeev Khanna, underwent narco-analysis tests to extract information
about the murder.

26/11 convict Ajmal Kasab: Perhaps the most successful narco test in India was the one
conducted on Pakistani terrorist Ajmal Kasab, who was involved in the 26/11 attacks on
Mumbai. Although Ajmal Kasab had already provided investigators with a detailed account
of the 26/11 plan hatched by the Pakistan Army and the Lashkar-e-Taiba (LeT), the crime
branch of the Mumbai Police felt that a narco test was needed to glean crucial information
that may have been concealed by the captured terrorist.The narco test on Ajmal Kasab proved
to be a resounding success as it revealed valuable information on how the Pakistan Army and
various terrorist groups it supports use madrasas to spread false propaganda and brainwash
their citizens with the poison of Islamic jihad.

Aarushi Talwar murder case: In the year 2008, during investigations into the Aarushi
Talwar murder case in Noida, narco tests were conducted on three suspects who were
employees of the victim’s father Rajesh Talwar - Krishna, Rajkumar and Vijay Mandal.Narco
tests conducted on Nupur and Rajesh Talwar - the parents of Aarushi - also failed to obtain
any concrete leads which could help investigators solve the murder case of the teenage girl.
With the narco tests not able to establish any genuine conclusions, the Allahabad High Court
had acquitting the Talwars of murder charges on October 12, 2008.

Abdul Karim Telgi fake stamp paper scam: The fake stamp paper scam had created a
storm in Maharashtra politics after main accused Abdul Karim Telgi named NCP chief
Sharad Pawar and former Maharashtra deputy chief minister Chhagan Bhujbal during a narco
test. During the narco test, Abdul Karim Telgi had claimed that he had paid money to the two
high-profile politicians. However, the narco test results became redundant when Abdul Karim
Telgi recorded his statement before a chief judicial magistrate, in which he did not mention
either Pawar or Bhujbal.
Sister Abhaya’s death case (2020)- In this case the highcourt of India observed that any
confession of crime during the narco analysis test could’ntbe treated as evidence in a court
of law.

Hathras Case (2020)- in this case the state government of Uttar Pradesh conducted the
polygraph and narco analysis tests as a part of the ongoing investigation into the alleged gang
rape and murder of a 19 year old girl.

These are just a few examples of cases where narco-test was employed in India. While the
use of narco-analysis in investigations is controversial and its admissibility as evidence in
court is limited, it has been utilized in various cases as a tool for gathering information and
aiding in the investigative process.

CONCLUSION
As the society is changing very fast, the crime pattern is also rapidly changing. In the present
scenario, where the professional trained criminals started replacing the criminal with
traditional investigation methods seems to be very difficult. In this situation it is needed that
the investigation agencies to update the process according to the social pattern and criminal
behaviour and it can be done only by adopting scientific technique in the investigation
process. The Supreme Court of USA also privately approved the use of scientific technique in
the investigation procedure while public safety is at risk. This is the reason the apex Court
never absolutely denied the use of Narco Analysis Tests. Various committees and
commissions have issued guidelines for the use of these scientific methods. On the whole
Indian judiciary has consented conditional use of these tests for extracting truth. In fact, some
of the laws relating to criminal justice system need amendments so that scientific methods of
investigation can become part of the laws thereby they can be utilized for the benefit of the
society at large and to have a crime free society.
BIBLIOGRAPHY

 Books

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