NARCO ANALYSIS IN INDIA

Shreya Gautam
B.A. LL.B(Hons.)
Amity Law School, Delhi(GGSIPU)

Abstract: In the changing paradigm of society, individuals began to rummage around for their

comfortability domain. They need to be a robust economy, strong in politics, and healthy within
the culture. The results in massive competition among the people and folks started using newer
technologies always to dominate others. The criminal justice system isn't any more different from
other networks, and it's also been full of recent technological advancements. The deception
detection test is one of all the technologies utilizes as a tool within the extraction of truth within
the investigation process. It includes Narco Analysis, polygraph, and brain mapping. As in present
complex society, numbers  of latest criminal activities have grown up, and criminals have started
using new techniques to cover  and commit  a criminal offense, making it very difficult for
investigating agencies to resolve these complex cases with traditional methods.  One of the
implications is that there's  a good demand for brand new technologies within the criminal justice
system. Even various experts and committees have also recommended the employment of
those technologies. These technologies are essential for investigating crimes and helping track  the
criminals' long-run criminal activities in society. Though there's a requirement for utilizing
those techniques, it raises legal, ethical,  and a few medical issues regarding the utilization and
implication of those techniques. This text attempted to investigate the problems and a
few essential judiciary decisions, which greatly affected India's criminal justice system.

Keywords: Investigation, Criminal justice system, Lie detector, Brain mapping, Narco-analysis
Technique.
1. Introduction

"The object of criminal law is in terms of order- survival, security, maintenance of conditions which
permit the society to progress, the experience of higher values and finally the good life which
subsumes all the ideals of the world; in which a democratic society moves."
- Justice Hall

Law is dynamic and not unvarying, and therefore, as society evolves, the law has to keep following
the changing social order. Law is the instrument of societal change, and the judiciary has the
responsibility of interpreting the law for the greater good.1Therefore, it is clear that the judicial
mind must communicate and keep in step with humanity's advancement. To combat organized
crime, its detection, investigation, and prevention method have to be employed synchronously. 2If
the criminals use new technology in enacting the crimes, the enforcement agencies have to be used
to the latest approach in solving such crimes. If the enforcement agencies don't use these latest
technologies to solve such complicated crimes, it would be challenging to detect them. Therefore, in
the context of the changing organized modern criminal taking shelters behind and making full use
of new sophisticated technologies. Krishna Iyyer J. remarked, "the courts self-criminate themselves
if they keep the gates partly open for the culprit to flee the justice under the guise of interpretative
enlargement of the golden rule of criminal jurisprudence 3. Across the globe, methods of law
enforcement observe colossal substitutes with progress in science and technology. Contemporary
society needs current scientific methods of crime identification in case the general public goes
defenseless. There are various methods for crime investigation to detect lying and fraud by the
suspect and accused. Most of the techniques are established on torture, either physical or mental.
But modern techniques like polygraph, brain–mapping tests are a noninvasive method that will
detect falsehood without causing physical or mental injury to the subject. 4 The process of
investigation is witnessing rapid shifts with the amalgamation of scientific techniques and criminal
procedure. Scientific techniques are required for proving the guilt as well as the innocence of the
accused. As science has outdone the development of law or the laymen's understanding of it, there
is inevitable complication concerning what can be acknowledged as proof in Court. To extract this
confidential information from the human mind, scientific methods are popularly known as
deception detection tests (DDTs). The Narco Analysis Test is the DDT method of DDT" s which is
currently very much in debate and has significant clinical, ethical, scientific, and legal implications.
Narco-Analysis is such scientific progress that has become increasingly, perhaps frighten, frequent
in India.
Narcosis is a state of torpor induced by drugs. The use of narcotics as a therapeutic aid in psychiatry
was restricted to opium for the early Egyptians' mental disorders. J.Stephen Horsely introduced the
term "Narco-Analysis" in 1936 to use narcotics to induce a trance-like state. The patient talks freely
and may apply intensive psychotherapy days psychoanalytical narcoanalytical tests are carried out
to clarify the behavior of the suspect, accused person, or the criminals. Narco-Analysis though a
misnomer, is seemly prominent in law enforcement and judicial circle. Abreaction is a
psychoanalysis method practiced by the psychiatrist, wherein a short-acting narcotic drug is
operated on the patient to induce a hypnotic stage. Narco-Analysis is thus a mode of psychotherapy
1
Philosophy propounded by Jeremy Bentham and John Stuart Mills.
2
Nathuni Yadav v. State of Bihar (1998)9 SCC 238 at 242.
3
Nandini Sathpathy v. P.L. Dani & Anr. AIR 1978 SC 1025 at 1032.
4
Dr. B. Umadethan,”Medico-legal Aspects of Narco-Analysis”2 Nual Law Journal 21 (2008).
that is an aid to the scientific interrogation in reality. It is an event whereby a person is put to sleep
or into a semi-conscious state employing chemical injection and then interrogated while in this
dream-like state. It is the perspective of the scientist who performs the Narco-Analysis test on the
suspect person that in semi-conscious state person losses composure and speaks the truth.

2. Meaning and Concept of Narco-Analysis

Narco-analysis is a form of psychotherapy and practical aid to scientific interrogation. It is a process
whereby a subject is put to sleep or into a state of half-consciousness, employing a dosage of
scientific drugs and then interrogated while in a trance. Narco-analysis is derived from the Greek
word "narco," which means anesthesia and is used to describe a technique of diagnosing and giving
psychotherapy with the help of psychotropic drugs as Central Nervous System depressants. By this,
they produce a broad spectrum of effects. It is used to describe diagnostic and psychotherapeutic
techniques that used psychotropic drugs, particularly barbiturates, to induce a stupor in which
mental constituent with strongly associated effects come to the surface. The therapist can exploit
them. It is also familiar as drug hypnosis or truth serum, or a combination of hypnosis or narcosis.
Thus it is a method to make human thought and communication manageable.
According to the Merriam Webster's Medical Dictionary, Psychotherapy that is performed under
medication for the recovery of repressed remembrance and the emotion accompanying the
experience is designed to facilitate an acceptable integration of the patient's experience's
personality.
It can also be defined as psychotherapy conducted while the patient is in a sleep-like state persuade
by barbiturates or other drugs, particularly as a means of releasing subjugated thoughts, feelings, or
memories. Its use is limited to such situations when there is a compelling, instant requirement for a
patient's responses.
Narco-Analysis test is also known as the "truth Serum test." They are the drugs sometimes used
clinically. Some of them are seasonal, Hyoscine (scopolamine), Sodium Penthonol, Sodium
Amytal, and Phenobarbital. These drugs fabricate a state of semi-consciousness in the subject, and
the reasoning faculty of the individual becomes ineffective. These drugs work on the principle of
inhibiting the thought filtration procedure of the brain. When we lie, the principle behind this is that
our thoughts are filtered by the brain and decide what is to be exposed and what has to be
unrevealed. By applying this procedure, a person can no longer sift his idea and speak the truth, or
so is supposed.
Thus this is a scientific procedure to obtain information from an individual in a natural sleep-like
state, and a person is responsible for lying by using his imagination. In the Narco-Analysis test, the
subject's inhibition is down by prying with his nervous system at the molecular level. In this state, it
becomes difficult, although viable, for him to lie. In such a sleep-like form, efforts are made to get
"probative truth" about the offense.
Narco-Analysis test is managed by 3 gram of Sodium Pentothal dissolved in 3000 ml of distilled
water. The solution is administered intravenously and 10% dextrose over three hours with a
qualified anesthetist's help. It's a barbiturate (thiopental sodium), making the neural membrane more
permeable to Chloride ions, resulting in general inhibition, beginning with the cortex and working
down to the lower brain regions with increasing biological effects at just neural inhibitory sequel to
create alcohol-like disinhibition.
3. History of Narco-Analysis Test

When in narcotized of mind, a person reveals the truth and that thought which he/she conceals
typically. Thomas De Quincy had done the 1804 experiment he wrote with these experiences that
"opium-like wine makes the heart expended and person speak out his/her obscure feelings."
Narcosis can be attained using a drug like cocaine, ether, alcohol, scopolamine, barbiturates,
hallucinogens, etc. The 1980 Sheer Chance used sodium cyanide for narcosis.5
In between 1903-1915, investigators used mild forms of anesthesia frequently used in obstetrical
practices. To extract the truth or obtain a confession from a suspect, alcohol is used as a truth
serum, which discouraged the central nervous system (CNS) because they believed in time-honored
aphorism in vino veritas, which means "where there is wine, there is truth." The alcohol produces a
great condor or freedom from inhibition, and under the influence of this, a person loses his/her
tongue and eliminates repressive force.6
About a century ago, with the development of anesthesia, it was observed that after regulating the
drug, the patients were prone to make exceedingly naïve remarks about personal matters, which
would never have been revealed in their normal state. In the late 19th century, ether, chloroform,
and hashish were used to induce a person and deepen the hypnotic effect. In the early 20th century,
barbiturates were administered for psychotherapeutic treatments; these experiments showed that
most of the patients showed uninhibited flow thoughts revealed under its impact. In Narco-
Analysis, barbiturates induced state of excitation is created, so patients remember forgotten and
repressed quarrels, events, and experiences. These details also help in the treatment of traumatic
combat neurosis. In 1931, Italian psychoanalyst for the first time used a mixture of mescaline (a
hallucination drug that is extracted from the button-shaped nodules on the stem of the peyote
cactus- Bloomsbury's Concise English Dictionary, 2nd Edition, p. 906) and datura seeds for
psychoanalysis. It should be recalled that LSD (Lysergic Acid Diethylamide) was discovered in
1943 and was effectively used in hallucination affairs, and later on, this was used for
psychotherapy. In 1953, it was observed that a single LSD application on neurotic patients was
useful in abreactive memory activation. It was also found that valuable images could intensify and
deepen by a small dosage of hallucination. In 1960, the term "psychoanalysis" was in First
European Symposium for Psychotherapy under LSD- 25. Psychosis includes psychoanalysis with
low dosages of hallucinogens. These experiences were dream-like, but it was an actual altered state
of consciousness that could be processed at some time.

The procedure acquires, the patient is kept lying on a bed almost darn and is attended by a trained
nurse who talks with the patient and dosages of drugs are injected. The patient is reminded that
he/she is under a physician's control and surrender to the vision and images which appear before
him/her without any reservation. His/her remarks during these processes are either tape-recorded or
written and then handed over to a patient so that he/she may produce retrospective information.
After that, a drug-free session of an interview takes place. In this procedure, drugs affected
encounter has a supporting role. These sessions pursue for several months and even up to a year.

5
Satyendra Kaul Zaidi and Mohd,. Hasan Zaidi, Narcoanlysis, Brain Mapping, Hypnosis and Lie Detector Tests, In
Introduction of Suspect 432(Alia Law Agency, Allahabad, 2008).
6
Id. 432.
Psychosis is considered for patients who were reluctant to use any kind of therapy. In the 1960s,
psychosis was used in 18 European centers, and more than 7000 patients were treated within 15
years. In 1965, Alnaes and Grof suggested "a combination of psycholytic and psychedelic methods"
and gave its name 'psychedelic.' It is the most modern concept.

4. Procedure for Conducting the Narco-Analysis Test:

(A) Drugs used for the tests are commonly known as Truth Serum.
Generally, the drug called "Barbiturates" or "Sodium Pentothal" is used for conducting a narco-
analysis test. The name also knows as "Penthol Sodium" or' Thiopental" or "Thiopentone."

(B) Important things involved in the tests are:

(i) Video recording
(ii) Tape recorder
(iii) Disposable syringe
(iv) Distilled water
(v) Prescribed truth drug
Every test is a video graphed. The subject was given dosage, what questions were put to him, and
his response. Every minute detail is recorded while regulating the test. Along with the video, the
whole procedure is also recorded on an audiotape. A disposable syringe and distilled water are used
to perform the test. The drug which is to be used while running the test is to be mixed with distilled
water.

(C) Dosage of Truth Serum

(i) The portion depends upon the suspect's sex, age, health, and physical and mental condition.
(ii) In normal conditions, 3gm of Truth drugs of barbiturate class like sodium pentothal, sodium
Amytal, etc., is required for the test.
(iii) 3gm of the drug is dissolved in 3000ml of distilled water. When the mixture (solution) becomes
ready, it is administered intravenously along with 10% dextrose at an interval of 3 hours to the
suspect accused.

(D) Presence of Authorities

At the time of performing the test, the presence of the following person is necessary:
(i) Physician
(ii) Neurologist
(iii) Cardiologist
(iv) Anesthetist
(v) Lawyer

(E) Precautions and Guidelines

The following precautions should be taken for fruitful result of the test:
(i). The test should be conducted in a well-lit room that is otherwise quiet.
(ii) Prior consent of the subject has to be obtained, and the person subjected to the test should be
given an option if he or she wishes to avail of the test.
(iii) Consent should be recorded, and it should be done before a judicial magistrate.
(iv) The physical and emotional implication along with the legal consequences of the test should be
explained to the subject by the lawyer accessing him or her or by the police that he or she submits
himself or herself to the test voluntarily.
v) The person subjected to the test should be made clear during the hearing that his
or her statements so made shall not be a "confessional statement" to the
magistrate but a statement to the police.
(vi). The entire process should be videotaped.
(vii) The drug should be diluted at 8.66% and should be injected, showing at intervals throughout
the interview.
(viii) The drug should be administrated so that a state between sleep and wakefulness is maintained.
(ix) Caffeine should be used to prevent the subject from going into a deep sleep.
(x) The interview should not exceed one hour;
(xi) The actual recording of the test shall be done under the pressure of a lawyer.
(xii) Manner of information received must be entirely narrated in full medical and factual terms and
must be recorded;
(xiii) In India, the test should be conducted as per the norms of the NHRC of India.
(xiv) Narco analysis cannot be undertaken without the consent of the subject and order of the Court.

5. Significance of Narco-Analysis Test in Legal Science

Nowadays, the importance of the Narco-Analysis test is increasing with time. It has great
significance at the time of the Crime investigation. It has become an integral part of criminal
investigation. It is generally that by conducting the Narco-Analysis test, the truth may be
successfully revealed. So the investigating agencies work the test for telling the real truth from the
accused person. There are so many cases in which the investigating agencies conducted the Narco-
Analysis test. It is used as a preventive forensic tool to apart the planned crime, bursting the
conspiracies. It can prove to be a valuable technique to prevent organized crime in the hand of a
competent team of experts.
In India, like other countries, the Narco-Analysis test is also conducted by a police officer for
assistance in extracting a confession from the accused person. In India, where drugs have gained
only marginal acceptance in the police work, their use has provoked cries of "psychological third
degree" and has proved to be a scientific method of interrogation; on the other hand, and such drugs
are used in Narco-Analysis test. However, in the past few years, it has been in the news as new
effective interrogating techniques used by various investigative agencies in many cases. For
example, it was first used in 2002 in the case of the Godhra Carnage probe, in 2003 in the case of
Abdul Karim Telgi, Arushi murder case, Nithari case, etc. In this way, it has vast importance in the
field of legal science. Doubt has been cast on its reliability and legal validity, i.e., admissibility in
the Court of law. The application of the Narco-Analysis test involves the fundamental question
about judicial matters and human rights. However, the legal position of applying this capacity as an
investigative aid raises simple issues like encroachment of an individual's rights, privileges, and
liberty. With crimes going hi-tech and criminals becoming highly trained professionals, the use of
Narco-Analysis by the investigating agency can be beneficial.
In contrast, the conscious mind does not speak out the truth. The unconscious may reveal the
information, which could provide a strong lead-in. Even under the best condition, these tests could
result in an output contaminated by deception, fantasy, and garbled speech.7

6. Application of Narco-Analysis test in the Indian Criminal Justice

System

The Criminal Justice System has an alarmingly small conviction percentage, and the situation
desires to be rectifying with importance on science and state of the thing and technology. The
Government must make a clear policy stands on Narco-Analysis. The legal system should consume
the developments and advances in science as long as they do not contradict the fundamental legal
principles and are suitable for the public. For the criminal interrogations, Narco-Analysis proved to
be a beneficial technique, which significantly works on both the innocent and the guilty and thereby
precipitates the cause of justice. How modern-day criminals use science and technology in
perpetuating their criminal activities with relative exemption has compelled a rethinking on the part
of the criminal justice establishments to seek the help of the police, prosecutors, and the courts.8
The present technique of the Narco-Analysis test is now being used rampantly in the Criminal
Justice System. It is a useful technique with which help the crime can easily be solved. In the
Criminal Justice System, the Narco-Analysis test is used for investigation purposes. According to
Dr. S. L Vaya, D.D. of DFS, Gandhinagar, Gujarat, "Narco-Analysis" is a useful and noninvasive
asset for the investigation and the prevention of crimes. If used scientifically, it can be beneficial for
the thorough interrogation of the suspect. There are many other methods for interrogating the
suspects, such as third-degree methods, Polygraph examination, psychological profiling, electrical
activation, and hypnosis. But Narco- Analysis has so far proved to be the test methods of all.
Technology and science are the modern-day engines of change, and they continue to turn
relentlessly forward. The impact of changes in all areas of human life has been dramatic. Advancing
technology, along with legislation designed to control it, will create crimes never before imagined.
The future will see a race between enlightened modification offenses and law enforcement
authorities who can wield the most advanced skill on either the age-old battle between crime and
justice.

6.1 Constitutional Validity of Narco-Analysis Test

As the narco analysis test made an individual semi-conscious state where he has no control over his
mind or thinking, they cannot imagine anything. It has been proved that such a drug's administration
may suppress the power of thought and reasoning of the person subjected. Includes interference of
the nervous system of the individual subjected to the test, and his brain has no control over his
venture. It appears that the administration of such drugs in a suspected person's body leads to
playing with such a person's life and mind. Thus the test put up fundamental issues such as the right
to life and liberty, Human Rights, and privilege against self-incrimination. The apex court of India
is also given a variable opinion in different cases and circumstances. The apex court of India has

7
Kalvakota Srinivas Rao “Narco-Analysis” ALTJ 14 (2008).
8
www.supreme courtcases.com visited on date 06-10-20.
also provided a conflicting statement on other subjects and occasions. The narco analysis test was
introduced in India in 1936, but it was first used in 2002 in Godhara Carnage Case. It was in 2004
when the Bombay High Court gave judgment in Ramchandra Ram Reddy Vs. State of
Maharashtra9 case, people started debating this issue. In this case, the main problem was whether
the use of scientific technology, especially brain mapping and lie detector is a violation of Article
20(3) or not. The Bombay High Court opines that "No person accused of any offense shall be
compelled to be a witness against himself." It provides a privilege against testimonial compulsion.
The apex court made a technical distinction between a 'Statement' a 'Testimony"' and said, "What is
required to be made under obligation by an accused is a statement. In our opinion, undergoing
tests targets certain framed questions drawn by an expert after treatment. The person possesses
certain knowledge about the crime, and a targeted question is put before him. So, no way it can be
said that by any stretch of the imagination, which ends result is a statement. At most, it can be
called information received or taken out from witnesses. In our opinion, they do not violate right
against self-incrimination given under article 20(3) of the Indian Constitution."10

In M.P. Sharma Vs. Satish Chandra,11 there was an issue that Article 20(3) provides the
courtroom's witness and not beyond that. The respondent has raised the same point in the Kathi
Kalu Oghad case, which the apex court observed and held that since Article 20(3) has words "to be
a witness" and not "to appear as a witness," so the protection is extended to compelled evidence
obtained even outside of the courtroom. The privilege against self-incrimination enables the
maintenance of human privacy and the right to silence pronounced by the Supreme Court.
In the case of Nandini Satpathy Vs. P.L. Dani 12 Supreme Court said that "No one can extract
statements from the accused, who has right to silence during interrogation (investigation)." It was
also claimed that the apex court upheld the right to keep silence is by Article 20(3) of Constitution
and section 161(2) of Criminal procedure code. However, there is an argument from the
investigating agencies that the Narco analysis test is used as an aid for gathering evidence and helps
the investigation, so it cannot amount to testimonial compulsion as given under Article 20(3).
In the case of Dinesh Dalmia Vs. State, the Madras High Court, while hearing the case, held
that the scientific tests such as polygraph, Brain Mapping, and narco analysis conducted on the
accused to bring out the truth would not amount to breaking his silence by force.
In the case of Selvi vs. the State of Karnataka13, it was held by the Supreme Court of India that the
results of the test cannot be admitted as a shred of evidence even though sanctioned by the accused
because there is no conscious control is being exercised by the subject during the test. Still, the
Court left one option: if the subject consented for the trial, any material or information discovered
could be admitted under section 27 of the Indian Evidence Act, 1872. Further, it was also held that
according to section 25 of the Evidence Act, "Confession made before any police officer is not
admissible as evidence before the court." Thus, the Court believes that the subject's statements
during custody are not admissible as evidence unless the same has to be cross-examined or
judicially scrutinized.
In the case of Rojo George Vs. Deputy Superintendent of Police 14, while allowing the narco
analysis test, Court believes that the criminals started to use very experienced and modern
9
MANU/MH.0067/2004
10
Ramchandra Ram Reddy Vs. State of Maharashtra, MANU/MH.0067/2004.
11
1954 AIR 300 SC
12
AIR 1978 Sc 1025
13
AIR 2010 SC 1974
14
AIR 1953 SC 131
techniques for committing the crime in the present-day. So the standard method of investigation and
questioning of the criminals will not be successful for a solution. There is a need to utilize new
techniques such as polygraph, brain mapping, and narco analysis. Court also said that when such
methods are used in an expert's presence, then it can "t be raised that the investigating agencies
violated the fundamental human rights of any citizen of India.
In the case of Santokben Sharmabhai Jadeja Vs. The state of Gujarat 15 , the Court, while
upholding the order for conduction of Narco Analysis test on the accused Santokben Sharmabhai
Jadeja, observed that after exhausting all the possible alternatives, there was no possibility to find
out the truth or capture the criminals. It is found by the prosecuting agency that there is no further
headway of investigation. They are absolutely in the dark; then it is the necessity of such tests.
Based on this revelation, if an investigating agency finds some clues or records, some statement that
helps or assists in further investigation of crime will not violate Article 20(3) of India's
Constitution. In the case of Dharampal Vs. State16 it was clearly said by the Apex court that the
criminal justice system could not act appropriately if the person living in the society would not be
cooperative. It must be known that no one can withhold criminal information and escape from
social responsibility by avoiding such information in the name of the right to privacy, which itself is
not an absolute right.
In-State of Gujarat Vs. Anirudh Singh17, the Supreme Court of India, held that every witness who
knows about commission crime is the statutory duty to help the state give evidence. It asserts
justified that if a person is unwilling to provide information necessary for the investigation, an
adverse impression must be taken against them. No Article 20(3) has stopped doing this. In this
way, the Supreme Court harmonized between protection is given under Constitution and narco
analysis.
In the famous case of Mohinder Singh Pandher and Surender Singh Koli v. State of U.P. 18,
which is also known as the Nithari Murder case, Narco-Analysis test was conducted on Surender
Koli and Mohinder Singh Pandher in Jan 2007, who was the main accused in the famous Nithari
Murder case. This test was completed in the Forensic Science Laboratory in Gandhinagar. This test
was conducted to ascertaining the veracity of their statement during their custodial interrogation.
During this test, the accused person disclosed various females and children who had been murdered
by them and revealed his argument to rape them after murdering them. By the conducting of this
test, much relevant information was disclosed to the investigating authorities.
In Dr. Rajesh Talwar and Another v. Central Bureau Investigation through its Director and
Other19, which is commonly known as the Arushi Murder case. In this case, Arushi, a 14-year girl,
was dead in the home on 16-05-2008. The parents made the report of Arushi in the police station. In
this case, Hemraj, a domestic servant in the house of Arushi, was suspected of the murder of
Arushi. But two days, the dead body of Hemraj was also found on the terrace of the house of
Arushi. The police arrested the parents of Arushi. In this case, the Narco-Analysis test, Polygraph
test, and Brain mapping test were conducted on the accused person. It was pleaded before the Court
that these tests' reports could not be taken as evidence in the Court of law.

15
2008 Cr.L.J. 3992
16
MANU/SC/0260/2003
17
MANU/SC/0749/1997
18
AIR 2011 SC 970.
19
2013(83) ALLCC 283.
6.2. Narco-Analysis test and Indian Evidence Act

Section 3 of the Indian Evidence Act, 1872 defines evidence. Does the question arise whether any
answer received as a result of the Narco-Analysis test would be evidence or not? Perhaps such a
solution or statement would not form part of 'evidence' unless it satisfies some other tests. The fact
must be clear that whether a court has permitted for the test or such examination is required by the
Court or not? It does not become admissible as evidence if the Court has not allowed for the test.
Thus the admissibility would depend upon several factors.
The provision relating to the admissibility of confession by the accused person in criminal cases has
been given from Section 24 to 30 of the Indian Evidence Act, 1872. But the expression 'confession'
is not defined in the said Act. Mr. Justice Stephen described confession in his digest of the law of
evidence as 'confession' is an admission made at any time by a person charged with a crime stating
or suggesting the inference that he committed that crime. 20 It means that access is the statement
made by an accused person to acknowledge his guilt. The term declaration includes both oral and
written reports. Thus it is clear that the term 'confession' is extensive and has said and written
information. The Narco- Analysis test shows that both will amount to a confession if the subject
orally states or writes down something. But proviso of Section 27 of the Indian Evidence Act would
bar statement from being acceptable in evidence because if there is a modest doubt about coercion
or terrifying or any type of fear that the information not free or that promptly before such test, the
subject was harassed by the police or was coerced then such information would be meaningless
Section 24 of the Indian Evidence Act bar such statement.
A combined study of Section 25 and 26 of the Indian Evidence Act is that no confession either
made to the police or in the custody of authority will not be proved against the person accused of
any offense. If such person has been subjected to weighty and brutal investigation by the police and
the element of fear and coercion still exists in his mind and out of this fear, the person (subject)
confesses guilt through this test; it will not be acceptable.
The exposure made during the test has been found most often to solve many remarkable cases. In
most of these cases, the statements made have led to the discovery of essential information.
Consequently, numerous recoveries have been made under Section 27 of the Indian Evidence Act in
many cases. Thus, the information referred to in Section 27 is admissible because it is a voluntary
deposition. But if the use of obligation has obtained the information, Article 20(3) will be violated,
and the information will be inadmissible. The Supreme Court has recognized that the protective
scope of Article 20(3) available to the accused in the investigation stage, which is also in criminal
cases, and when it is read with Section 161(2) of the Criminal Procedure Code then it will protect
the accused and witness even who are examined during an investigation. According to Section 161
(2) of the Cr. P.C. is legally bound to answer every question put to him truthfully during the test. 21
The greatest virtue of law is its flexibility. Thus its relevancy should not be rigid but be flexible.
Moreover, the law is not static, but it is dynamic. Hence, it should keep changing according to
requirements and changes in society, science, technology, ethics, etc. The legal system should
absorb the evolution and advances in science and others till they are for society's welfare, and they
do not violate the fundamental legal principles. Therefore there are a need the better advanced and
20
Caesar Roy, “Narco-Analysis test- Infringement of individual fundamental rights and its value as evidence”115
CriLJ, 71 (2009)
21
VOLUME III ISSUE I. https://lexkhoj.files.wordpress.com/2018/04/narco-analysis-1.pdf
sophisticated methods to replace the third-degree methods. Narco-Analysis test can evolve as a
viable, effective alternative to the brutal third-degree ways. Suppose a question that does not tend to
incriminate the accused succeeds in extracting a confession or statement from him. In that case, the
Scientific method usage cannot be said to violate article-20 (3) of our Constitution.

7. Advantages & Disadvantages of Narco Analysis in Indian Criminal

Justice System

After exploring the cases of higher courts in India, it can be said that even the Indian judiciary is not
very much transparent. In some instances, the Court has an affirmative view on the process of narco
analysis, but the Court denied it in some other cases and clearly said it could be permitted. In their
judicial proclamation, the courts have given depending on the application of the operation. It can be
said, the judiciary took accordant development regarding the use of this process and given
interpretation of dependent utilization so that the process absolutely could not be ignored nor it can
be used in every case of crime. By providing such type of performance, the judiciary started
protecting the interests of individuals and society. Protection from crime and preservation of law
and order is the priority of every state, which is in social welfare and at the same time to maintain
human dignity and human rights are also the priority of state so the judiciary can regulate the
conflict of social interests and individual interests. By looking at the judicial proclamation and
literature, the following advantages and disadvantages can be enumerated.

7.1 Advantages:
1. By looking at society's present pathetic condition regarding criminals, crime rate, and affected
innocent people, it seems to be the right time to check how this can be decreased. It can be feasible
by giving rich technology to the investigation bureau, and Narco analysis is one of them.
2. To facilitate the investigating agencies, there is a need to provide scientific tools that can solicit
when there is complete darkness to discover evidence.
3. The conventional method of extracting truth by torture is fierce, which violates individuals'
rights, and it is also a blot on society.
4. The process is only unfavorable to the body when the doses are significantly elevated, only
injected in experts' presence.
5. The questions are framed by the specialized person and expertise of the process, so there is a
minimal possibility to tell a lie, as indicated by many foreign and Indian writers.
6. The Evidence extricate through this process may be denied as reliable. It can still be used to get a
piece of admissible evidence, corroborate with other evidence, or support additional proof.
7. Mere questioning a person by a police officer while the person is suspected of a crime, and the
same is optional, but it can't be revealed as incriminatory. As in Abu Salem Case, he disclosed
much important information and his involvement in a crime.

7.2 Disadvantages:
1. In the proceeding, the chemical is administered in a person's body, so the chemical's dose decides
according to its physique, mental attitude, and willpower. A wrong amount of the chemical may
lead to a coma or even death of the person.
2. If the person is drug-addicted, the process is not as successful as needed for collecting evidence.
3. Authenticity of information given by the subject is also under some shadow because the issue
from whom the data is collected is in the semi-conscious stage. Hence, the question of the reliability
of such information is being raised.
4. The criminal justice system's well-known principle is that the person giving information should
be "well and fit." Still, in the narco analysis test, an individual is in the semi-conscious stage.
5. The Constitution of India part III Article 20(3) distinctly says no person shall be a witness against
himself. The affair may mention a violation of the Constitution's fundamental rights.
6. Section 25 of the Indian Evidence Act, 1872 says that the confession made by a person under
police custody could not be taken in as evidence. It means there would be a possibility of non-
admissibility of evidence after performing the whole process.
7. Under section 161 of the criminal procedure code, the police officer authorized for investigation
may ask orally any question to the person acquainted with the case's facts and conditions. The
person shall bound to answer all the problems except the questions, which would have a propensity
to reveal him a criminal charge or a penalty or forfeiture.
Thus the Narco-analysis Test accommodates both boons as well as bane attributes. According to the
social paradigm, ideology, and scientific development, the law needs to be changed in science and
technology as a guardian of society. The results and scientific use of such products should be a
welcome step in the criminal justice system.

8. Conclusion

As society is changing very fast, the crime pattern is also rapidly evolving. The present scenario,
where the professionally trained criminals started replacing the criminal with traditional
investigation methods, seems moiling. In this situation, it is required that the investigation agencies
refurbish the process according to the social pattern and criminal behavior, and it can be done only
by adopting scientific techniques in the inspection. The Supreme Court of USA also secretly
approved using a scientific approach in the investigation policy while the protection is at risk. This
is the purpose the apex Court never denied the use of Narco Analysis Tests. Various committees
and commissions have issued direction for the use of these scientific methods.
On the whole Indian judiciary has consented to the conditional use of these tests for extracting the
truth. Some of the laws relating to the criminal justice system need amendments so that scientific
methods of investigation can become part of the statutes. Thereby, they can be utilized to benefit
society at large and have a crime-free community.
The developments and scientific use of such results should be a welcome step in the criminal justice
system. There are other reasons which are mentioned here:
• The criminal justice system needs to raise proficiency and worldliness, and for this object, there is
a need to include new scientific methods of the examination.
• Society is dynamic, and the misdemeanor has also converted over some time and technological
advancement made the system much more complex and required this method.
• In India, the conviction rate is significantly less, and the crime rate is extreme. The main factor
accountable for this gap is a flawed investigation, which can only be solved through improvement
in the research, and for this reason, the scientific method like a narco test is a must.
• In various cases like Abu Salem, Nithari case, Arun Bhatt Kidnapping case, etc., the Narco
Analysis was instrumental in solving the issues. Thus using this method, the complicated offenses
can be resolved.
• Nowadays, criminals are going on high-tech and indulging in cyber and internet crimes. To
extract the truth from them with the traditional investigation method is not effective in the
criminal justice system.
• Like the U.S., World's best investigation agencies used the Narco Analysis test to extract truth
after 9/11. The head of Drafting Committee of the National Criminal Justice System Policy, Prof.
N.R. Madhavan also put forward the utilization of the scientific method in the investigation
process in India.