With the advancement in science and its principles, criminal investigation process is also not left behind. One such process is Narco Analysis. It is that form of scientific investigation where the information is acquired from the statement of the suspect or the accused which can be further utilized as evidence.
Even though the test is widely criticized to be against the constitution or human rights it is still being performed depending on the complexity of the cases. Narco analysis is one of the common term or a solution in the criminal investigation process but its evidentiary value is always in doubt in the court of justice. It is important to understand the procedure of Narco analysis and the evidence act in order to understand the admissibility and acceptance of the results available from Narco analysis.
The use of narcotics particularly barbiturates which is also called as truth serum (as the person responds with truth) in order to bring the person in a hypnotic state and to record the statements and information which is acquired from the suspect after a subject of queries. It is carried out only if the person is medically fit to undergo the procedure but also argued that the drugs which are to be used in the process might have possible ill effects on the person’s body which is against the human rights. Usage of drugs varies from person to person; this process is completely done under the doctor’s supervision as even a minor mistake can lead to coma or death of the person.
The person reaching a semi conscious state of mind where controlling one’s mind and imagination is highly impossible, that is when the person is interrogated to accumulate the information. This information might be helpful in collecting evidence and in further investigation. That’s the entire process but the information that is collected could not be used as a witness/evidence against the person who has undergone Narco analysis. As the statement collected is from a person who was in semi conscious state of mind hence, it is also not admissible in the court as evidence. As per Indian evidence article 20(3) a person cannot be compelled to be a witness against himself and therefore, any statement given during Narco analysis test cannot be considered as evidence in the constitutional frame work of the country.
These confessions may also include false events and the accuracy of the statement is being in doubt and hence it is not scientifically reliable. Although, it can be used as clues leading to the process of investigation.
In a lie detector test the person may choose to answer or not but in Narco analysis the person’s privacy is also being questioned which is against human rights. Also, the confessions made in the presence of police are not admissible and acceptable until the confession is made in the presence of a magistrate. The statements if supported with subsequent discoveries may as a matter of fact be able to be presented as solid evidence.
It is also to add that the illegally or falsely obtained evidences (like Narco analysis and brain mapping) if admissible in court there are chances that the statement obtained could be against an innocent person and as per Indian legal system no innocent person should be convicted even if hundred criminals need to be surrendered hence, a person unless proved guilty is innocent.
The Narco results were proven very beneficial in Nithari case in India as crucial confessional statements were made by the accused under the effect of drug. Hence with the crimes reaching height day by day, the use of such tests are proven valuable and are sometime accepted by the court. And as far as this test is used as an aid for collecting evidence during investigation, it proves to be the backbone in few circumstances but never be there a judgment only on the basis of results acquired by Narco test as it does not amount to testimonial compulsion. It is reliable in investigation process but not enough to prove a person guilty.
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