NARCO ANALYSIS, BRAIN

ELECTRIC ACTIVITY
PROFILING

PRESENTED BY:
CANDIE LARISUK NONGRUM(ROLL NO 13)
CANNYBADONBOK MARNGAR(ROLL NO 14)
CHAKSENG CH. MOMIN(ROLL NO 15)
CHING NGAIH NIANG(ROLL NO 16)
MEANING

 “Narco analysis” refers to the use of drugs to induce a subject to a state of altered
consciousness for the purpose of obtaining information. It's often used in
investigations to facilitate the retrieval of suppressed memories or information
that the subject might not readily reveal under normal circumstances.
 BEAP Tests, also known as Brain Electrical Activity Profiling Tests, are relatively
new techniques that aims to assess individual’s cognitive processes and emotional
responses by measuring brain waves patterns. BEAP Tests can provide valuable
insights into suspect’s thought processes, intentions and memory recall, and thus
adding investigator in identifying pertinent information related to criminal
activities.
CONCEPT OF NARCO ANALYSIS AND
BEAP
 Narcoanalysis and Brain Electrical Activation Profile (BEAP) are both investigative techniques,
often used in forensic contexts.
 Narcoanalysis: This is a form of interrogation where suspects are administered a truth serum
(such as sodium pentothal or sodium amytal) to lower inhibitions and induce a state where they
may reveal information they would otherwise withhold. It's controversial due to ethical
concerns about reliability, coercion, and the potential violation of rights.
 Brain Electrical Activation Profile (BEAP): This method involves monitoring and analyzing
brainwave patterns to assess psychological states, such as truthfulness or deception. It uses
EEG (electroencephalography) to measure electrical activity in the brain, aiming to detect
specific cognitive responses that may indicate deception or truthfulness.
 Both techniques raise ethical and legal issues regarding their reliability, consent, and the rights
of individuals subjected to them, particularly concerning their involuntary nature and potential
impact on civil liberties.
HISTORICAL BACKGROUND

 The procedure of the Narco analysis test involves the injection of a drug named
sodium pentothal, which is also known as “Truth Serum”. This truth serum
reduces a person’s self-consciousness and enables him orher to speak freely.
 The word ‘narco’ is derived from the Greek word ‘NARKE’, which means
numbness. The word narcoanalysis was coined by Horseley in the 20th century.
 The usage of narco analysis in forensic science started in the late 19th century
when a medical practitioner in the USA used hypnosis to relax his patients and
then help them by discussing emotionally difficult matters.
 The history of narco-analysis testing is intertwined with the development of
forensic psychology andinterrogation technique
BRIEF HISTORICAL BACKGROUND

 Early Beginnings: The use of psychoactive drugs for interrogation purposes dates back
to the early 20th century. In 1922, a German pharmacologist named Robert House
discovered that the barbiturate sodium amytal could induce a relaxed and talkative state
in patients. This discovery laid the groundwork for the use of drugs in interrogation and
psychotherapy.
 World War II: During World War II, various governments explored the use of drugs for
interrogation purposes. For example, the Office of Strategic Services (OSS), the
precursor to the CIA, experimented with the use of truth serums such as scopolamine and
sodium pentothal to extract information from prisoners of war.
 Post-World War II Era: After World War II, interest in narco-analysis continued to
grow within the intelligence and law enforcement communities. In the 1950s and 1960s,
various studies were conducted toassess the effectiveness and ethical implications of
using drugs for interrogation purposes.
 BEAP TEST: ADMISSIBILITY SUBJECT
TO LEGAL SCRUTINY

 Also known as the P300 waves test

 The process wherein the brain waves of a person in reaction to stimuli are
examined to determine whether the person is acquainted with the facts of the
crime.
 The brain waves, known as Event Related Potentials (ERP), are measured
while determining the person’s response to stimuli such as words, pictures,
sounds, visuals, etc. These stimuli are known as probes.
 The probes are of two types: Material probes and Neutral probes. The
accused when looking at the material probes relating to the crime will
release the P300 waves, which determine that the subject has some
association with the facts of the crime.
 SELVI V. STATE OF KARNATAKA

 The compulsory administration of the test violates the `right against self- incrimination’.
 The test results cannot be admitted in evidence if they have been obtained through the
use of compulsion.
 Article 20(3) protects an individual’s choice between speaking and remaining silent,
Forcing an individual to undergo the test violates the standard of `substantive due
process’ which is required for restraining personal liberty.
 However, the court left room for the voluntary administration of the test in the context
of criminal justice, provided that certain safeguards are in place.
 any information or material that is subsequently discovered with the help of voluntary
administered test results can be admitted, in accordance with Section 27 of the Evidence
Act, 1872.
CONSTITUTIONALITY VALIDITY AND
EVIDENTIARY VALUE ON NARCO ANALYSIS
AND BEAP TEST

 The constitutional validity of narco-analysis tests has been debated globally,

including in India.
 The Supreme Court has ruled that conducting such tests on an accused
without consent violates Article 20(3) of the Indian Constitution, which
protects against self-incrimination.
 The Court also emphasized that results from these tests are not admissible as
substantive evidence due to concerns over reliability and coercion.
 While narco-analysis can be used for investigation, courts require additional
corroborative evidence to support any statements obtained through these tests.
SUPREME COURT VERDICTS ON NARCO-
ANALYSIS AND BRAIN MAPPING TEST

State of Bombay v. Kali Kathu Oghad: The Supreme Court upheld the
collection of thumb impressions, body samples, and other physical identifiers
from accused persons for identification purposes as constitutionally valid. The
Court ruled that self-incriminatory statements given without threat or
compulsion do not fall under Article 20(3).
M.P. Sharma v. Satish Chandra: In this case, the Supreme Court clarified
that the protection under Article 20(3) applies once a formal accusation
relating to an offence is made, such as the filing of an FIR. The Court rejected
the argument that the protection is limited only to oral testimony given during
trial, emphasizing that the constitutional guarantee against testimonial
compulsion extends to pre-trial stages when a person is formally accused.
CONCLUSION
 Science has long been used in criminal investigations, such as in forensic
science.
 However, the use of Narco Analysis tests on criminals raises ethical concerns.
While technology advances, we must remember our humanity and rights. The
tests may provide valuable evidence but also violate the accused's rights.
 The judiciary faces a dilemma between progress and upholding traditional
criminal jurisprudence principles.
 A recent study suggests a computerized handwriting tool as a potential
alternative to lie detection methods like polygraphs, offering increased
accuracy. This tool could enhance deception detection in law enforcement.
THANK YOU