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NARCO Analysis

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NARCO Analysis

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shahdishaa988
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© © All Rights Reserved
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NARCO Analysis

Presented By-
Pravesh Charan Isai
Introduction

❏ The term “NARCO” has been derived from the Greek word which means
“Anesthesia” which is used to describe the diagnostic and psychotherapeutic
technique that uses psychotropic drugs.
❏ Specifically Barbiturates are being used.
- To Induce a stupor in which the mental elements with strong associated
effects come onto the surface, where they can be exploited by the therapist.
❏ A Technique used in the field of Forensic Psychology for the Investigation
approach.
❏ It is also called it as the “TRUTH SERUM” or “DRUG HYPNOSIS” or
“NARCO INTERVIEW TECHNIQUE”.
Historical Approach of NARCO Analysis

❏ The term NARCO Analysis was coined by “HORSELEY”.


❏ In 1922, first it reached to its mainstream when Robert House, a
Texas obstetrician used the drug scopolamine into two prisoners.
❏ American Armed Forces & Intelligence Agencies continued to
experiment with the Truth Drug mostly Barbiturate during and after
war.
❏ It was widely used in 1940s.
Principle of NARCO Analysis

❏ In the NARCO Analysis test, individual imagination is being


neutralized by making him/her semi conscious . Because by using
imagination a person is able to lie.
❏ In this state, it becomes difficult to lie and answers would be
restricted to facts he/she is already aware of. Along with the efforts
are being made to obtain the probative truth about the crime.
❏ It reduces the individual ability to draft a lie by creating a stage of
unawareness for the individual who has been induced with such drug.
Procedure of Conducting NARCO Examination
Pre Test Interview - Individual is explained regarding the whole procedure and the informed
consent is being taken.

Pre Narcotic State -

❏ Anaesthetist induces Narco and maintain the pre narcotic state throughout the interview.
❏ Drug is injected till the person appears relaxed & in a state of good contact.

Intake of Drug - 5-10% solution of the Sodium Pentothal is injected in the antecubital vein.

Semi Narcotic State - In this stage, the individual appears to be Slowing and Slurred speech.

Post Test Interview -

❏ Individual is allowed to know what exactly he has spoken during the Narcotic Interview.
❏ Memory is checked.
Expertise Required to conduct NARCO Analysis

❏ Forensic Psychologists.
❏ Medical Team which involves the Anesthetist .
❏ Audio - Video Grapher.
❏ Writer.
Cases where it has been Aid

Nithari Murder Case


https://forensicfield.blog/nithari-case/
Abdul Karim Telgi Case -
https://www.indiatoday.in/magazine/states/story/200
40223-narco-analysis-test-on-stamp-scam-accused-a
bdul-karim-telgi-790573-2004-02-23
Aarushi Murder Case -
NARCO Analysis in India

❏ NARCO Analysis/ NARCO Interview is to be conducted in the Forensic Science


Laboratory where the facility of minor operation theater is available.
❏ Currently, Bangalore & Gujarat are the two states where this NARCO test is benign
conducted.
❏ Consent of Court is required.
❏ The objective of this test to extract the information from the accused when he/she
is in the hypnotic state.
❏ It helps to elicit the concealed information which relevant to the crime.
❏ It also helps in eliminating the innocent person.
Legal Status of NARCO Analysis in India

On 5th May 2010, Supreme Court of India concluded following point w.r.t this test:-
❏ Asper article 20(3) of the Indian Constitution, “No person accused of any offence
shall be compelled to be a witness against himself.
❏ The test result can’t be admitted as evidence if they have been obtained through the
use of compulsion.
❏ Statement made under the NARCO Analysis are not admissible in evidence.
However, recoveries resulting from such drugged interview are admissible as the
Corroborative evidence.
Corroborative Evidence - An evidence that tends to support the preposition i.e. already
being supported by some initial evidence.
Corroborative evidence is the additional evidence which connects the accused to the crime
Cont…

❏ After analyzing several High Courts & Supreme Court Judgements on


NARCO test it was predicted that the constitutionality is based on it’s
dangerous side effects & unscientific nature.
❏ Some of the advocates argue that the NARCO Test not only affects the
individual mental state but it also affects the individual's physical health
which is a direct violation of Article 21.

“Protection of life and Personal liberty No person shall be deprived of his life or
personal liberty except according to procedure established by law”

❏ In past two decades the supreme court has delivered a diverse opinion on the
issues of admissibility of the NARCO test in criminal cases & its
constitutional validity in india.
Conclusion

❏ The present criminal justice system is possessed with individual liberty and
freedom and in this context a safe passage is unavoidable to criminals due to
weakness in the criminal justice system leading to dilution of evidence.
❏ Since the validity of the tests and admissibility of the NARCO Analysis has been
quashed by the apex court taking into the consideration the circumstances under
which it is obtained, the possibility of the justice has weakened.
❏ The NARCO Test can be said to be unethical, when everything in investigation
fails. Every person is innocent until proven guilty, and the same aspect should be
maintained while carrying out any criminal investigation.
References

Arun, M., Jagadish Rao, P. P., & Menezes, R. G. (2010). The present legal perspective of narcoanalysis: winds of change in India. Medico-Legal
Journal, 78(4), 138-141.

Aston, J. N. Narco-analysis: Is It Legal or a Form of Torture? In Torture Behind Bars (pp. 62-70). Oxford University Press.

Bharadwaj, A. S., & Suresh, S. (2008). Narco Analysis and Protecting the Rights of the Accused. NALSAR Stud. L. Rev., 4, 121.

Chaudhry, S. (2010). Constitutionality of Narco Analysis in India. Available at SSRN 1702866.

Joseph, J. (2008). Human Rights Implication of the Use of Narco Analysis in Criminal Justice Administration in India. NUALS LJ, 2, 96.

Kaufman, M. R. (1947). Narco-Analysis: By J. Stephen Horsley. New York and London: Oxford University Press, 1943. First American Edition,
1946. 134. Psychoanalytic Quarterly, 16, 559-560.

Kumar, S. Narco-Analysis Test.

Sarkar, S., & Singh, S. (2018). Narco Analysis Test: Admissible OR Not? Available at SSRN 3687775.

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