Validity of Narco-Analysis in India?
INTRODUCTION
Narco-analysis is a tool used to determine the truth when a suspected person is subjected to an anesthetic drug under expert observation. The entire process starts when a person is suspected of a crime and there is a need for the truth to be revealed, the suspected person is injected with an anaesthetic drug in a specific amount and the person is subjected to a hypnotic stage where the person is in a twilight situation of consciousness and sub-consciousness, during this stage the person cannot lie as he cannot process new thing but only things and circumstances he is already aware of.
TABLE OF CONTENTS
- INTRODUCTION
- WHAT IS NARCO ANALYSIS ?
- HOW ARE NARCO ANALYSIS TESTS PERFORMED ?
- CONSTITUTIONALITY OF NARCO ANALYSIS
- CASE LAWS ON NARCO ANALYSIS
- CONCLUSION
WHAT IS NARCO-ANALYSIS?
During the criminal interrogation of the suspect or the accused, there are several pieces of evidence that are produced before the court and even the statement of the accused considered but there is the circumstance when other evidence is not of such value that they corroborate and forms a chain of circumstances which are concluding into the decision. There are three other tests that can be helpful in carving out the truth from the lies. The polygraph test, Brain Mapping test or P300, and the Narco-analysis. The special dose of the anaesthetic drug is administered to neutralize the imagination and thought processing of the accused, and this is what the ultimate object is as the statement of the suspected person can lead towards justice. During this state, the vital of the person like a heartbeat, blood pressure, pulse rate are carefully monitored and the procedure can only be done with the consent of the person.
HOW ARE THESE TESTS PERFORMED?
There are different methods by which these tests are performed but this article is concerned with only Narco analysis. The first and foremost thing is that whether or not the accused or the suspected person has agreed to go under the Narco-analysis. A person cannot be forced to go under narco-analysis and hence his/her prior consent is a must as in the absence it will be a violation of his rights guaranteed under the constitution the consent follows the first and the prior permission of the court.
THE TEST
Narco Analysis is done in the presence of an anaesthesiologist, psychiatrist, forensic psychiatrist, nurses, and an audio videographer. The process starts with the administration of 3 grams of sodium pentothal dissolved in 300 ml of distilled water in the presence of an anaesthetic, the solution is prepared along with dextrose and administered intravenously over a period of 3 hours with the help of an anaesthetist. This leads to a state of hypnosis in the suspected person and during this time the ECG is monitored consistently during the entire procedure. The statement in form of the answer of the suspected person is recorded by the videographer in audio and video form. The questions are repeated so as to have a clear answer from the suspected person. The suspected person is in a stage of mid-air where there is both the stage of consciousness and sub-consciousness. It is difficult for the person to analyze the question and process it in his mind for giving a truthful or a false answer, he will answer the question as and how it is there in his memory and no manipulation is believed to be done.
CONSTITUTIONALITY OF NARCO ANALYSIS
There are several arguments on Narco Analysis and its validity and several other facts which justify the act. The arguments state that narco analysis is a violation of Article 20(3) of the Constitution of India whereas the opposite argument states that where there is an increasing line of crime rate in Indian and there are many cases where the direct evidence are not there in those circumstances narco analysis and brain mapping test act as the key role.
The violation under Constitution is under Article 20(3) which states that an accused shall not be compelled to be a witness against himself, this is a right of an accused of an offense and also protection against compelling a person to be a witness and giving evidence himself. Narco analysis is argued to be the violation of Article 20(3) as the answer of the suspected person during the Narco analysis will be used against him later and the same can be the reason for the conviction of that person.
The statement was given under Section 161 Cr. P.C is another case where the statement of the accused cannot be against him during the trial. Then the question is why the person has to go under this analysis to prove anything.
CASE LAW:- In Ramchandra Ram Reddy v The State of Maharashtra 2004, the Bombay High Court observed whether P-300, Lie Detector and Narco Analysis tests are violative of Article 20(3); The Hon’ble court observed that if the statement is forcibly taken from the accused by undergoing him the through the above mentioned three tests then such a statement will be violative of Article 20(3) of the constitution as the accused person is forced to give a statement against himself only and only when the statement is against him and not otherwise and the same can be determined only when after the test is performed and not before that and hence according to the Bombay High Court the abovementioned three tests are not violative of Article 20(3).
CASE LAW:- In Smt. Selvi and Ors v. State by Koramangala Police Station, the Hon’ble Supreme Court has observed that the crime rate has expanded during past years and Narco analysis is a valuable technique and if the material facts are disclosed then this test can be helpful in determining the guilt or innocence of the accused and thus it is a valuable test, but the condition is that there must be prior consent and without that the test becomes violative of Article 20(3)
CONCLUSION
Narco-analysis is indeed a vital tool that can determine the innocence of a crime of a person. The statement can also be used to corroborate the statement with other evidence and if not directly the guilt of the accused the other relevant incidence can be disclosed. There are several judgments by the various court which have held that Narco-analysis is not violative of Article 20(3) but Hon’ble Supreme Court has clearly stated that this test when performed without the prior permission of the court followed by the consent of the person who is suspect and will be going through the procedure.