“Narco Analysis, Polygraph and Brain Mapping”

___________________________________________________________________________

Doctrinal Research
SUBMITTED TO:
Post Graduate Department of Law
Sardar Patel University
Vallabh Vidyanagar 388 120 – Gujarat, India 

IN PARTIAL FULFILLMENT OF THE REQUIREMENTS

FOR THE DEGREE OF
LL.M. (Business Law)

Submitted by: Submitted to:

Name: JAY N. UPADHYAYA Ms. Pragnya Kansara
Roll No: 30 Assistant Professor,
Student Id: 2020014759 P. G. Department of Law,
Sardar Patel University,
Vallabh Vidyanagar
 CERTIFICATE
This is to certify that the Doctrinal Research report titled “Narco Analysis, Polygraph and
Brain Mapping”, which is being submitted by Jay N. Upadhyaya in the partial fulfillment
of the requirement for the ward of the Degree of Master of Law (LL.M.) to P. G.
Department of Law, Sardar Patel University, Vallabh Vidyanagar is a record of the
candidate’s own work carried out by him/her under my supervision.
 DECLARATION

I hereby declare that the Doctrinal Research entitled “Narco Analysis, Polygraph and Brain
Mapping” is carried out by me. This piece of work has not been submitted before or published
elsewhere.

Date: 11-2-2022 Name: Jay N. Upadhyaya

Place: Vallabh Vidyanagar Roll No.:30

 ACKNOWLEDGEMENT

I thank my Respected Guide Ms. Pragnya Kansara, Assistant Professor, P.G. Department of Law, Sardar Patel University,
Vallabh Vidyanagar for providing me the necessary guidance in completing this Doctrinal Research and also for providing
me valuable education during the two academic years of the LL.M. Course.

Moreover, I am also grateful to all the people who have cooperated in conducting the survey by
answering the questions, whereby I could collect valuable information and data for the analysis.

I also wish to thank my family for their patience and support during the entire span of time which
I spent in completing the report.

Date :11-02-2022 Name: Jay N. Upadhyaya

Place: Vallabh Vidyanagar

 Table of Contents
Sr. No. Particulars Pg. No.
1 Introduction 1
2 Narco Analysis 5
2.1 History 6
2.2 Procedure 9
2.3 Procedure to perform the test 13
2.4 Use of narcoanalysis Test 14
2.5 Critical Analysis 14
3. Polygraph 15
3.1 Underlying theory of Polygraph 17
3.2 Procedure of test 17
3.3 Stages of test 18
3.4 Result after polygraph testing 20
3.5 Critical Analysis of Polygraph 20
4. Brain Mapping 21
4.1 Introduction 22
4.2 Procedure to perform Brain Mapping 23
4.3 Advancement of technique in India 24
4.4 Working of Brain Mapping 24
4.5 Critical Analysis 25
5 Case Study 27
5.1 Polygraph Test in Child Swapping Case 28
5.2 Polygraph Test in Rape Case 28
5.3 Polygraph Test in Shivani Bhatnagar Murder Case 28
5.4 Polygraph Test on Nithari’s accused Serial Killer 28
5.5 Polygraph Test on Mumbai Serial Killer 29
5.6 Ijju Sheikh’s Case – Face-to-face Probe 29
5.7 Mumbai Serial Blasts, 2006 – Identifying clues in terrorist mind 29
5.8 Terrorist attack at IIs, Bangalore 30
5.9 Vachu Rehaman’s Case – Seeking the Test 30
5.10 Goa Gutka Baron, J.M. Joshi’s Case – Clues about Smuggling 31
5.11 Abdul Karim Ladsab Telgi’s Case – Clues about Smuggling 31
5.12 Madur Bhandarkar Matter 32
5.13 Narcoanalysis Test on accused of Krushi Bank Scam 32
5.14 Narcoanalysis, Brain Mapping, & lie Detector Tests of Nithari’s Serial Killers in UP 32
6. Conclusion 34
7. References 35
 Chapter: 1

NARCO – ANALYSIS, BRAIN MAPPING AND POLYGRAPH

The object of criminal law to ensure the order- survival, security, maintenance of conditions
permitting the society to progress, grow, experience higher values and the good life which
subsumes all ideals of the world, in which a democratic society moves.

- Justice Hall

1
1. INTRODUCTION

Justice is the basis of law and particularly in criminal law it contains set of rules for the
maintenance of social order in society where charge is constant 1.The concern about justice
pervades in areas of legal socialization process, justice process, or criminal justice process 2. In a
Democratic country such as India, the system of governance is based on concept of ‘Rule of
Law’ i.e. law equals supreme authority and all are equal before law and justice is achieved
through it3. As stated by Justice S. R. Bannurmath, “The ultimate aim of criminal law is
protection of right to personal liberty against invasion by other, protecting weak from the strong,
law abiding against law-less, peaceful against violent.” It would be right to speak that human
beings’ right to life and security is needed to be respected and protected if not it will defeat the
core of Rule of Law and will provide rise to ‘Law of Fishes’, strong willed will swallow the
weak ones.

Out of all branches of law that oversees each aspect of human’s civilized society Criminal Law is
one specific branch connected with a person’s regular everyday routine. The current state of
Indian Criminal Law is not satisfactory4. The base of Indian Criminal Justice system is
investigated by the police. When an offence is brought in front of the police, its their duty to find
out the truth behind it no matter what circumstances to ascertain facts and present the whole set
of evidence to court in order to find the guilty.5

The police is responsible to apprehend the responsible wrongdoer and present before court of
justice. This happens rarely in present scenario. The objective for criminals became classy,
sophisticated, hi-fi and cutting edge as they are now using new and enhanced techniques for
commission of crimes. Criminals are leaving little to no traces or evidence at the crime scene and
on the other hand the country’s police and the investigation agencies get stuck on longstanding
tools, techniques for investing crimes. Third degree torture is generally used by the police to
extract information. Police in many cases tend to suppress truth and make out fabricated cases

1
Joel. B. Grossman and Richard. S. Wells, “Constitutional Law and Judicial Policy Making”, New York: John
Wiley and Sons, 1972, pp 14-16
2
June Louin Tapp, edited by Bruce Dennis Sales, “Psychology in the Legal Process”, New York: Spectrum
Publications, 1977, p11
3
C. K. Takwani, “Lectures on Administrative Law”, Lucknow: Eastern Book Company, 3rd edition, 2001, pp
16-21.
4
Peter Bret, “An Inquiry into Criminal Guilt”, Australia: The Law Book Co., 1963,p1.
5
S.R. Bannurmath, “Narco-analysis, Brain-Mapping-Legal Implications with Reference to Right to
Silence”, unpublished report, Karnataka Section of International Commission of Jurists, 2007, p
2.

2
for many reasons like political influences or corruption. Also Custodial atrocities, custodial
deaths are arising with leaps and bounds and have made a big blow to the Justice System of the
country. Criminals leaving little or no evidence are able to escape from their punishments in
absence of direct proof to convict them guilty of their wrongdoing.

When victims turn hostile no way is left for judiciary other than giving the accused benefit of the
doubt and set him or her free resulting in emboldenment of criminals and loss of faith in criminal
justice system of victim, victims’ family and society at large. To be released on bail is not very
hard these days and the accused person can get free and released. There is plenty of cases where
the accused walked free from the absence or lack of evidence and the victim suffered trauma and
watched helplessly. In such a case, honorable Supreme Court in State of Punjab v. Kawnail
Singh6 judge did not preside over criminal trial to make sure no innocent man is punished but
also to find the guilty man and not let him escape and both are public duties. The judge decides
on the basis of the material and evidence presented before him or her in the court. If the
investigation is not satisfactory in case the witness turn hostile or no evidence is available or the
judge is presiding over the trial left with any other option other than giving accused reasonable
doubt. Recently increased terrorist activities, communal riots, gang wars and underworld
activities have been fueling the fire and have affected behavior and work culture of police. 7
Police handle the cases in their own way and methods.

Resorting to third degree methods that a civil society governed rule of law cannot permit. India
has always believed that that evil cannot be removed by evil in any respect so all work must be
done in legal premises.8 So one can seek scientific evidence for effective delivery of justice
combining both science and law. Now we can use various techniques like DNA, asphyxia,
epiphysis, etc. that have been discussed in previous chapter. The researcher narrowed down
study to use and admissibly of three specific techniques viz. Narco-Analysis, Polygraph and
Brain Mapping. The main objective behind using scientific methods is to play fair in
investigation, unbiased approach and openness of mind from collection, evaluation analysis and
are used by both investigators and forensic experts.9 Forensic science is the turning point in
crime detection.

6
(2003) 11 SCC 271
7
Jitendra Mishra, “Custodial Atrocities, Human Rights and Judiciary”, Journal of Indian Law Institute, vol. 47,
2005, p 510.
8
N K Jain, “Custodial Crimes: An Affront to Human Dignity”, Human Rights Year Books, 2000, p 64.
9
RP Sharma, “Truth Detecting Techniques Vis-à-vis Physical Evidence”, Karnataka Law Journal, vol. 4, 2007, p 33.

3
According to Encarta Dictionary the meaning of “forensic” is “Crime solving relating to the
application of science in order to decide questions coming from crime or litigation.” Forensic
Science currently is important branch of jurisprudence. It is a potential power weapon in the
armory of administration of justice. The operation of forensic is nothing but application of
techniques and tools of basic science for various analysis of evidence associated with crimes.

Scientists adjoins missing link and strengthens the weak case of investigation. 10 When the
criminals are intelligent enough not to leave any trace or evidence behind forensic methods are
brought into use.

In the case of Som Prakash v. State of Delhi 11 Supreme Court recognized the need of scientific
investigation. Law Commission also emphasized on the need of training of police officers to use
scientific methods of investigation.12 Narco- Analysis, Polygraph and Brain Mapping are
revolutionary tools of forensic science that can prove to be fruitful in crime investigation. Narco-
Analysis is a form of psychotherapy and is an effective method providing aid to scientific
interrogation. It’s a process where the subject is put asleep or in the state of half consciousness
by the means of dosage of scientific drugs and interrogated later while in reverie.13

Narco – analysis the term itself is derived from the Greek word “Narke” meaning anaesthesia
and used to explain the technique of diagnosing and providing psychotherapy with aid of
psychotropic drugs as Central Nervous System, depressants and they produce a wide range of
effect.14 These are the most common medications used to bring into play the narco analysis and
are Sodium amytal also known as amobarbital or amylobarbition and Sodium Pentothal known
as thiopental or thiopentone used by psychiatrist on the subject.

The effects made by the drugs on the subject are that it makes him relaxed and becomes
susceptible to suggestions. The subject becomes more communicative and can easily tell the
truth. After the drug administration the subject loses inhibition but does not lose his or her self
control and if he or she does not want to disclose anything they may do so. The statement is not
correct. The person actually loses self-control.

10
P Venkatesh, “Police Diaries: Statements, Reports and Investigation”, Allhabad: Premier Publishing
Company, 2008, p 1096.
11
AIR 1974 SC 983
12
14th Law Commission Report
13
Satyendra Kumar Kaul, 429.
14
Ceaser Roy, “Narco Analysis Test – Infringement of Individual Fundamental Rights and Its Value as
Evidence”, Criminal law Journal, march 2009, p 69.

4
Chapter : 2

Narcoanalysis

5
2.1 History of Narco Analysis:-

Narcoanalysis is a test done on a patient or a suspect when he or she comes into the sleep like
state after the administration of drugs and release the repressed feelings; this method is also
called narcosynthesis. The Webster’s Dictionary says that the term was coined in 20 th century
and is a combination of two words ‘narco’ and ‘analysis’ meaning psychoanalysis in the state of
near sleep and mentions the administration of drugs. These drugs are also known as ‘truth drugs’
or ‘truth serum’. Narco analysis is combination of hypnosis and narcosis. Psychiatrist could
collect additional details of menial contents in short duration of time. Narcoanalysis produces
sleep without administering large dosage of sedative drugs. Horsley suggested that post hypnotic
suggestions revealed mental contents could be reintegrated around acute event for symptom
relief.15

Horseley coined the term Narco-analysis meaning analysis of knowledge of individual in the rug
induced state. In the year of 1922, narcoanalysis gained popularity for the first time when Robert
House, an obstetrician in Texas used the drug scopolamine on two prisoners whose guilt was
clearly confirmed.16 He arranged an interrogation of two prisoners in Dallad country jail with
assistance of Scopolamine Drug. Under the test both the suspects denied their crimes for which
they were convicted and detained upon trial found innocent.

Later the successful experimentation17 was done by House that subject cannot lie in sleep like
state under the effect of drug Scopolamine. It is only after the experiment the phrase ‘truth
serum’ became popular. The term ‘truth serum’ is a name given to hypnotic drug that induces a
person to speak the truth.

These experiences it became apparent that the drug makes people’s concealed feelings out from
the deepest corner of the heart. Narcosis can also be achieved by other drugs such as cocaine,
alcohol, ether, scopolamine, barbiturates, hallucinogens etc. Sodium Cyanide was used for
narcosis in 1918.

15
For further reading, refer following: www.legalserviceindia.com/articles/med000.htm.
(2) www.telegraphindia.com/1070124/asp/atlessure/story_7294907.asp.
(3) www.usiofindia.org/article_Oct_Dec05_7.htm.
(4) www.commerceindia.com/articles/2/2narcoanalysis.html
16
P. Sivananda Reddy, SP, Cyber Crimes, in online Journal of CID
17
Thomas De Quirky, 1804

6
The investigators were using mild type of anesthesia commonly in obstetrical practices in 1903 -
1915. In order to find out the truth or to obtain confession from suspects investigators used
alcohol as truth serum depressing the Central nervous System (CNS) as they trusted on time-
honored aphorism in vino veritas meaning ‘When there is wine there is truth’. The person under
the influence of the alcohol loses control over his/her tongue and produces remarkable candor or
freedom from inhibition.

About a century ago with the advent of anesthesia It was observed that after administering drug
the patients were prone to make extremely naive remarks about personal matters which In their
normal state would never have been revealed. In the late 19 th century ether, chloroform or
hashish ere used to induce person (s) and to deepen the hynospasm effect. In early 20th Century
barbiturates were promotion ministered for psychotherapeutic treatments. These experiments
results showed that majority of the participants were having unhibited flow of speech and
expression of repressed feelings and thoughts was also observed. Under its influence, intimate
and private thoughts were revealed. Barbiturate induced state of excitation was created and
patient recalled forgotten and repressed conflicts, events and experiences in microanalysis. These
details help in the treatment of traumatic combat neurosis.

An Italian Psychoanalyst used a mixture of mescaline: a hallucinogenic drug extracted from

button shaped nodules on stem of peyote cactus 18, for the first time in 1931 and Datura Seeds for
the purpose of psychoanalysis. It is noted that LSD19 was discovered in 1943 and was later on
used for psychotherapy. One Single dose of LSD was effective in abreactive memory activation
in 1953.

Small dosages of hallucinogens were intensified by use of images. The term ‘psycholysis’ was
first introduced in ‘First European Symposium for Psychotherapy under LSD – 25’ in 1960. The
term Psycholysis includes psychoanalysis with the activation of unconscious memories,
emotional impulses & conflicts by low dosages of hallucinogens. The experiments were
dreamlike and at same time altered state of consciousness that could be processed. The procedure
of drug administration is that the patient is kept lying on a bed almost darn and is attended by a
trained nurse and talks with the patient and dosages are administered. Patient is reminded that
he/she is physically restrained and should surrender to visions and images appearing in front of
him/her. The remarks made by the patient during the process are recorded either on the tape or

18
Bloomsbury’s Concise English Dictionary, 2nd Edition, p.906
19
Lysergic Acid Deithylamide, C16H16N2O2

7
written and are then handed over to the patient to retrospect the record. Later a drug free
interview is taken and in this procedure the drug affected experience has a supporting role.

The sessions continue over for several months and even a year in some cases. The psycholysis
rogation under Drug Influence is considered best for patients who reluctantly reject any kind of
therapy. Psycholysis was administered on more than 7000 patients in 18 European Centers
within the period of 15 years in 1960s. Psychedelytic, a combination of psycholytic and
psychedelic methods was suggested in 196520 and now is the most modern concept.

In 1930, W.J, Bleckwenn introduced the use of amytal for treatment of producing narcosis for
neuropsychiatric disorders. In accordance to his definition ‘narcosis’ is a drug induced state of
deep sleep similar to general anesthesia but was not so profound. The patients were exited for
long durations and were susceptible to physical exhaustion posing a threat of pneumonia or
cardiac arrest, so the production of narcosis in them was required. Other drugs and agents did not
prove to be that effective as they put the patient in a hyper phase of frenzied depressive
psychosis and in agitated depression with insomnia and in excited schizophrenic catatonia. It was
found that intravenous amytal can produce regular natural cogent period with unplanned verbal
communication. The affect of the drug was mild stimulation, allaying of fear, relaxation of
tension and release of inhibition.

The central focus on amytal research work was done during the World War II and was used to
treat ‘War Neurosis’. As a large number of allied troops were evacuated from Dunkrik 21 by sea
under constant fire by enemy and approached British Hospitals for their treatment. The people
were suffering from the stress and were described by William Sargant and Eliot Slater as
‘accumulation of strains of great intensity, both physical and mental, bodily anger, continuous
physical exertion, loss of sleep, insufficiency, and irregularity of meals, intermittent but
perpetually recurrent bombardment and the sight of everyone being killed around them.
Continuous withdrawal from enemy and incapability to strike back produces a great sense of
frustration and played a contributing factor to disastrous effect on the mind 22. Sargants and
Slaters were found on immediate treatment by rest, full diet and sedation for mild cases. Narcosis
was continuously administered in severe cases and acute hysterical symptoms including amnesia
and was treated by suggestions under hypnosis or by use of barbiturates.

20
Alnaes and Grof, 1965
21
Port in North – East France
22
Ibid.

8
American physicians Roy Grinker & John Spiegel provided new term of ‘narcosynthesis’ called
‘narcoanalysis’ in 1942. Rather than opting for ‘war neurosis’ they found symptoms relieved
when repressed material of precipitant event was abreacted until patient could bear the
accompanying affect. Concurrent psychotherapy aims at easing super ego, strengthening ego and
incorporating acute trauma in entire personality showed good results and laid foundation of all
subsequent uses of narcosynthesis in USA.

Post World War II, amalyl therapy was used in civilians. Adams used narcoanalysis in agitated
and depressed patients in 1945. In 1949, Hoch used narcosynthesis on patients with gastric
ulcers, colitis, and tachycardia. O’Halleran used pentothal in chronic alcoholism in 1947. Amytal
in combination with sub-stock insulin and was also used for treatment of anorexia nervosa.
Alongwith the development of tranquilizers after 1950, amytal’s usage was reduced. Soldiers
during American involvement in Korean & Vietnam wars were suffering from ‘shell shock’ and
were treated at bases near combat zones by tranquilizers. Psychotic soldiers could be given 1000
mg of chlorpromazine at battle site permitting them to safely be transported to rear bases. Now-
a-days besides amytal hypnotics, narcotics and benzodiazepines are also used for the same
purpose.

The dosage of drug to be administered depends on the sex, age, health and physical and mental
conditions of the person. Normally, 3 grams of any truth serum dissolved in 3000 ml of distilled
water is injected in the subject intravenously. This neutralizes subject’s imagination and disables
the ability to manipulate things and can only answer specifically simple questions.

About 20% of total individuals who were subjected for narcoanalysis were found to be innocent.
This technique not only aids in identifying real perpetrators of crime, motive and modus
operandi, conspiracies, disfigurement and displacement of evidentiary items etc. but also
identifies the innocents within a short span of time.

2.2 Procedure for Narco Analysis Test:

2.2.1 Introduction:-

Drugs used for tests are commonly known as ‘truth serum’ and drugs like barbiturates or sodium
pentothal are used for conducting the Narco-analysis test. It is also known as ‘penthol sodium’ or
‘Thiopental’ or ‘Thiopentone’.

9
2.2.2 Important Ingredients of the Tests:-

Every question asked in the test is recorded starting form how the dosage was introduced in the
patient, what questions were asked, what response was given, each and every minute detail is
recorded while conducting the test. The audio of the entire test is recorded as well. A disposable
syringe and distilled water is used for the test and the drug being used is mixed with the distilled
water. Following are things used in the test:

 Video Recording
 Tape Recording
 Disposable Syringe
 Distilled Water
 Prescribed Truth Drug

2.2.3 Dosage:-

 Dosage depends on the suspects’ sex, age, health and physical and mental condition.
 Normally 3 gm of Truth drugs of barbiturate class like sodium pentothal, sodium amytal
etc is required for the test
 3gm of drug is mixed with distilled water and is administered intravenously with 10%
dextrose on interval of 3 hours to suspect accused.

2.2.4 Presence of Authorities:-

During the test, presence of the following authorities is necessary:

 Physician
 Neurologist
 Cardiologist
 Anesthetist
 Lawyer

10
2.2.5 Precautions & Guidelines:-

 The test should be conducted in well-lit room which is quite.

 Before consent of the subject is to be obtained and person subjected to test should be
given an option if he or she wishes to avail the test.
 Consent should be recorded and should be done before judicial magistrate.
 Physical and emotional implications with legal implications of test should be explained to
the subject by lawyer accessing him or her by the police that he or she submits him or her
self voluntarily.
 Subject should be informed that the statement recorded during the test is not mentioned in
the ‘confession statement’ to magistrate but as a statement to the police.
 Entire process should be videotaped.
 Drug should be diluted at 8.66% and to be injected at intervals throughout the interview.
 Drug should be administered so that a sleep like state and wakefulness is maintained.
 Caffeine should be used to prevent subject from going into deep sleep.
 Interview shall not be more than one hour of time.
 The actual recording of the test is to be done in presence of a lawyer.
 The manner of receiving information should be completely narrated in full medical and
factual terms and should be recorded.
 In India, the test should be conducted as per norms of NHRC of India.
 Narco analysis cannot be conducted without consent of subject and order of the court.

2.2.6 Guidelines for Interrogating Subject:-

1. Suspect is not given food 5-6 hours before the preceding of the test and alcohol
containing food and medicine should be avoided.
2. Suspect must be attended by physician/ psychiatrist from administration of drug to initial
wear off of the drug.
3. Care is to be maintained while administering drug dosages causing no alarming
psychological effect on pulse rate as well as respiratory rate.

11
 4. As Larger dose may lead to:
a. Sedative State
b. Hyperactive Stage
c. Unconscious without reflexes even to painful stimuli and
d. Even Death

Narco analysis should be performed with great caution and care and in the supervision of the
experts. Maximum dose should not exceed 1gm over long period. The normal dose is half of
above mentioned quantity.

5. In case of Deep Sleep State, use of anti-narcotics should be administered to wake up the
suspect.
6. Emergency Resuscitation equipments should be present in certain cases of incident of
laryngospasm.
7. The Quantity of drug depends on suspect’s sex, age, health and physical and mental
condition.
8. Interviewee should be aware of purpose of drug and should be informed that it is not the
truth serum and would not expose his or her thoughts, secrets and whatever he or she
states will be kept confidential from family member except for the ones present during
the test.
9. Subject should be kept involved in conversation on unconcerned topics dring intravenous
injection of drug.
10. When the speech of the subject is blurred he or she is asked to count 100 in reverse to
keep him or her awake.
11. The subject is asked to review some pleasant memories to balance negative ones; being
reencountered.
12. At the end of the test the subject should remain on the bed for about 5 hours.

The focal point of the investigation under intravenous administration of drug is to standardize
method of administration; to study alternations of blood pressure; to estimate time required; to
reach various stages of hypo-narcosis; to estimate duration of deep sleep following narcosis; and
investigate drug which would extend period for psychiatric investigation.

12
2.3 Procedure to Perform Narco-Analysis Test:

Narcoanalysis test is done by an expert GABA23 is a chemical occurring naturally in his body.
The Truth drug binds GABA by forming a complex at B site exerting pressure over permeability
of chloride ions into neutral membrane. It Leads to a stage of inhibition truth drugs cut to
increase the action of GABA in brain, by decreasing nerve activity in brain resulting in
sleepiness.

The drug is taken 3 grams only and mixed with 3000 ml of distilled water and is administered in
the subject with 10% of dextrose intravenously to antecubital vein over a period of 3 hours with
an experienced anesthetist. The drug is injected in normal condition of 0.5 to 1 ml per minute till
subject becomes sedative. The drug depresses the Central Nervous System (CNS) and makes
heart rate slows down and blood pressure also lowers. The person becomes sleepy and becomes
slurred behaving in co-operatively and also becomes more talkative with the pressure the patient
comes under full control of patient. The Needle is left in the vein as different person needs
different dosages of drug and also to continue the narcotic state if needed. In this hypnotic state
the questions are asked and are recorded audio-visually.

Usage of drugs removes the conscious block under which hidden information is stored. When the
blockage is removed the person becomes more comfortable, conversant and freely reveals hidden
information without any inhibition. The main thing here is that the drug acts as a catalyst for
catharsis. Effects that occur due to the drug are mentioned below:-

 Suspect’s body becomes relaxed; the features slacken and become silly and giggly.
 Drug blocks impulse from certain nerves and most subject falls asleep making them
disoriented semi-wakeful.
 Suspect becomes incapable of telling lie and is susceptible to share any information asked
for.

23
A Neurotransmitter Inhibitor

13
2.4 Use of Narco Analysis Test:-

Narco analysis may be used for the following purposes:-

1) Medical Purpose: Narcoanalysis has been used in mental health cases to diagnose
habiliment. It is used for:-
a. Restoring speech to mute persons
b. Case of amnesia, for receiving memory, and
c. Expression of surpassed or repressed thought or conflict.
2) Criminal Investigation: According to Dr. S.L. Vaya, Deputy Director, Gandhi Nagar,
Gujarat, Narcoanalysis in India is useful and non-invasive asset for investigation and
prevention of crimes and if used in a scientific way can be productive for investigation of
suspect. It is used only in cases where large interest of society is involved. It is generally
used in cases of terrorism, crimes that are well organized, serial killings, in case where no
evidence is available etc. The categories of suspects who undergo Narco Analysis Test
are:-
a. Suspect willingly volunteers and co-operated with interrogator.
b. Suspect if forced to change the test under court orders.

The advantages of this test are that it is helpful in saving innocents form prosecution and
eliminating use of third degree method. It saves time in criminal cases with help of
trained and skilled psychiatrist.

2.5 Critical Analysis:

1. The Test is not 100% accurate. The data proves contention that Narco analysis has 96 –
97 % total screen rate according to Sriram Lakshman24
2. It is characterized as unscientific, third degree method of investigation as per Dr. P.
Chandra Sekharan, Director of Forensic Sciences Department of Tamil Nadu.
3. It is false trick as certain subjects made false statements. If subject is addicted to alcohol
than the tolerance level will be high and can tell lies.
4. Difficult to suggest exact dosage of drugs for particular individual as it varies for each
individual based on their personal physical and attitude structures. If wrong dose is
administered the subject might die and may cost its life.
24
Sriram Lakshman, “We need to talk about narco analysus”, the Hindu op-Ed May, 02 2007.

14
Chapter: 3

Polygraph

15
Introduction

Polygraph: another scientific tool of investigation and is popularly known as lie detector and also
referred to as psycho-physiological detection. It is an instrument to measure and record
physiological actions of human body like blood pressure, pulse rate, respiratory rate, and skin
conductivity when the subject is asked questions relating to crime and answers them. Automatic
Nervous System changes are not in the control of any individual and it transpires when subject
tries to lie.

Polygraph is a device used to record simultaneously traces several pulsations and apex beat of
heart25. According to Britannica Encyclopedia, ‘Lie Detector’ is an instrument of recording
physiological phenomena of human subject as she or he is answering the questions asked by
operator.

When lying the person goes through physiological changes in order to deceive the answers to
questions26. A specific definition of polygraph is not been yet found in Indian Legislation.

Polygraph is defined in the united States Employee Polygraph Protection Act, 1988:-

A. Continuously and permanently records visually as instrumentation standards; and

B. Its results are used for rendering diagnostic opinion regarding honesty or dishonesty of an
individual27.

The Lie-Detector is a device aimed to detect involuntary physiological response that people
show involuntarily while lying to, according to Science and Technology Encyclopedia. The
objective behind the polygraph test is to create emotion of fear which consequently results
physiological changes which are captures by the instruments used in the test. It is basically based
on the theory that whenever a person lies he or she becomes nervous or shaky.

In this test series of question are asked which controlled questions are. Some of whose answers
are generally known like name or address of the subject. After this relevant questions are asked

25
Taber’s Medical Dictionary 17th Edition, p. 1553
26
Bhargava Mitra, “The Lie Detector, its validity as scientific evidence and its legal status in US and India”, Cr.
L.J. 2005 Journal, p. 185
27
B.R. Sharma “Forensic Science in criminal investigation and Trials”, 3rd Edition, Universal Law Publishing
Co. Pvt. Ltd., New Delhi, 1990, p. 17

16
and if the subject tries to evade the question or lays physiological changes takes place. The
changes may come up in the form of increased blood pressure, fastened heart rate, sweating,
dryness in mouth etc.

Since 1947 India has conducted more than 3000 polygraph tests lawyers were not aware about
the test. A tele-serial ‘sach ka samna’ brought polygraph test in the view of public. Indian courts
never objected to polygraph test until in the case of Smt. Selvi & Ors. V. State of Karnataka in
May 2010 when Supreme Court objected to these specific investigation tools. Some lower courts
and high courts have passed ordered in favour of scientific tools.

3.1 Underlying Theory of Polygraph:

Polygraph works on principle that change in person’s perception, feelings produced in form of
increased heart rate, blood pressure sweating etc. is known as G.S.R. when person is truthful, its
normal pattern with no significant change28. All the recordings are collectively known as
polygraph which is later evaluated to fine tune during lie detection test. It was held by court in
Ramchandra Reddy and Ors. V. State of Maharshtra29.

An expert will later read the reactions in the court and would flow his conclusion that can be
admitted or not admitted by a judge on appreciation of statement and objections raised thereto.

3.2 Procedure of the Test:

Polygraph: a series of psychological tests measuring changes in blood pressure, pulse rate,
respiration, muscle movement, skin conductivity etc and an expert making an assessment of
following procedures:-

1. As averment of examiner’s emotional state;

2. Medical fitness
3. Identify overlying responsive behavior specialized tests to be conducted;
4. Assess responsive capabilities of examination control question asked
5. Factual analysis of case information and
6. Pre-test interview and detailed preview of questions.

28
Ekta Gupta, “Lie Detector Test – A Globar Perspective” Cr., Aug. 2006, p. 179
29
Cr. W.P. (c) No. 1924 of 2003

17
The aspects of human physiology tested in polygraph are mentioned below:-

1. Pneumograph Tracing,
2. Electrodumal Activity Tracing, and
3. Cardiovascular Tracing

The first is related to Respiration, second is to Skin Conductance or skin resistence and the third
is blood volume and pulse rate. When a person tries to conceal truth physiological changes occur
mentioning a significant change in patterns and if he or she is telling the truth than the pattern is
observed to be normal.

3.3 Stages:

There are three general stages of polygraph test:-

1. Pre-test
2. Chart collection
3. Post-test-interview

3.3.1 Pre-test Interview:-

In the first stage the examiner introduces himself to subject and informs him about the procedure
and legal aspects of the test and consent of test to be taken and also inform him or her about their
legal rights. Once the subject informed those things and is made to believe that examiner is an
expert in the field and deception will be obvious. The agreement and consent is in written form
and the subject signs it. He is informed that the questions to be asked are not politically
affiliated, religious or about social beliefs or sexual activities etc. unless needed to or are relevant
to the case for which the test is being carried out. In this test, the examiner asked about the
incident in detail to the subject and is know behavioral symptoms indicating symptoms of
deception.

18
Pneumograph, Sphygmomanometers and electrode are placed on subject during or at conclusion
of pre-test interview and after the interview concludes- the sphygmomanometer is inflated and
recording of responses begins and the box line is recorded.

3.3.2 Chart Collection:-

The Examination Proper is the Second stage i.e. the actual performance of the test. All different
gadgets are attached to the body of the suspect to measure the changes in physiological
conditions. The gadgets to be attached are: Rubber Tube is attached around the chest to measure
respiratory changes; inflated cut is attached to the upper arm to measure blood pressure and pulse
rate and Electrodes are attached to finger tips to measure electrodumal responses. A comfortable
chair is provided to the subject to sit in and the test is conducted in a vacant and calm room with
only one examiner. ‘Yes’ or ‘No’ Questions are prepared in advance of which some are relevant
and some are irrelevant. The record of blood pressure, respiratory rate, pulse rate and breathing
speed is made. The examiner than compares the response of stress provoking questions with
other questions and interpret whether the suspect lied or not. The record of these measurement is
made by a needle on the graph paper.

At the end of pre-test interview and after the interview the Sphygmomanometer is inflated on the
suspect and the first question is asked. A gap of 10 – 15 seconds is present between each
question in order to eliminate missing of responses to the previous question and physiological
response comes closer to the baseline.

The entire test is recorded from the beginning of the test to the response for the last question as it
helps in refining the questions. Questions are revised, reformed and if needed classified. A
‘Stimulation Test’ is considered to convince the subject about the accuracy of polygraph
examination. The ‘Stimulation’ is number or card test. Our types of questions are asked to
suspect that are relevant, control, irrelevant and concealed information or guilty knowledge
questions. The main questions are repeated three to four times to avoid discomfort to suspect and
pressure cut is inflated only for 10 to 12 minutes.

3.3.3. Post – Test Interview:-

In this last stage, the result of the test is discussed with the subject in order to analyze about
deception of attempted unresponsive to any question.

19
3.4 Result After Polygraph Testing:-

The result of the test is presented on a chart called Polygram. Suppression in respiration and
increase of blood pressure after the reply, decrease in blood pressure, behavior breathing,
slowing of pulse rate and course of blood pressure is measured and carefully noted. Polygraph
does not directly detect whether the person is telling the truth or deceiving. It depends on the
examiner to analyze the pattern of arousal responses and on those basis veracity of individual is
inferred.

The inference or the assessment is called the ‘Diagnosis’ of truthfulness or deception. In 1974,
the Central Forensic Science Laboratory, New Delhi in India conducted more than 3000
polygraph tests.

3.5 Critical Analysis of Polygraph:-

1) The test does not tell whether the suspect in telling truth or is deceiving. The results only
show physiological changes corresponding to the questions asked during the test.
2) No science is involved in asking the questions and wholly depends on trickery and
expertise of the examiner.
3) A person who can control his or her emotions to a great extent can tell a lie and the test in
such a case is bound to fail.
4) An innocent and truthful person can become nervous under condition of police
interrogations. The nervousness might arise due to reasons such as fear of being involved
in crime, fear of previous conduct shown to police what is not related to the present
crime.
It can be due to the lack of understanding the procedure of polygraph and also there
might be fear of wrong interpretation of chart by the examiner and fear of the examiner
being biased. If the examiner holds suspect guilty, he or she may interpret chart with that
mindset and vice versa might be lenient in interpreting, chart of person whom he
considers innocent.

20
 Chapter : 4

Brain-Mapping

21
4.1 Introduction:-

One of the most valuable scientific tool for investigation of crimes is Brain Mapping which is
also known as Late Positive Complex or P3 or P300. This is a component of averaged brain
potential and does not have questions to be asked to the suspect. The subject is asked to sit in
evoked potential recording machine and objects relating to crime scene or made up ones are
shown to the suspect. The sensors from his or her head pick up event related potentials in form of
Brain Mapping only if person has been at site of crime. The accuracy of Brain Mapping is almost
a 100%. Brain Mapping is a response of the brain to a stimulus shown to the subject.

Scientists in 1965 were working on research of event related potentials and the test was
discovered by Sutton and his colleagues and was robust Event Related Potential. As soon as
recognized it sends reaction within 300 milliseconds of seeing the stimuli. Response would be
fastest if the person is attentive to the stimuli. If more time is taken for making decision more
time is spent for responses of P300. The latency shows amount taken in arriving at decision30.

Precise electric waves are produced if brain recognizes a person or a sound which is called
P30031. In this test, sensors are attached to the head of subject and are seated before a
computerized monitor. These sensors catch electrical activity in brain and records P300 wave,
which is produced only if subject has some correlation with pictures shown and sound made to
hear.

Dr. Lawrence A. Farewell, former faculty of Oxford University and a U.S. Scientist, device
Brain Fingerprinting in early 1970s. He also is Chief Scientist and President of Human Brain
Research Laboratory founded by him in 1991. According to him, the centre of every brain
activity which not only plans activities but also order for its extension. The ‘Truth Detector’ is
based on functions of brain. Every event is registered in the brain so when similar event is shown
to person the brain responses and response is recorded through computer. Via Brain
Fingerprinting it can be known that the person was present or not at the crime place. The proof of
his or her presence, inferences cannot draw that he or she has committed alleged offence. The
person might be present on the place of occurrence for some legitimate reason like saving the
victim or might be there as a stranger. Information relating to crime may come into his mind by
receiving information through reading of newspaper or watching TV. According to Mr. A.A.

30
Satyendra Kumar Kaul, 249
Bimaldeep Singh, “Scientific Techniques of Obtaining Evidence”, Law Journal of Guru Nanak Dev University,
31

Vol. XVII p. 92.

22
Samdani, Ex Judge and Mr. Sharique Rizvi, Associate Prof. Indian Institute of Information and
Technology, ‘information present’ does not always mean that suspect is guilty. It can be possible
that subject is witness or has read details in newspaper or seen in media and has imprinted the
details in the mind.

Process of identifying known information is identifiable pattern in Electroencephalogram

outline. Brain mapping confronts with stimulus of special significance with electrical signal
called P300 emitting from an individual’s brain which begins approximately 300 million
milliseconds after confrontation. It is based on EEG signals and graphs, the system does not need
subject to speak at all and can continue the right to silence practice. The subject wears a special
hair band with electronic sensor to measure EEG from different locations on the scalp. The
subject sees computerized screen or even directly anything consisting of words, phrases, pictures
etc32.

Brain is centrally involved in every human action and records everything that humans do,
including criminal acts33. Hence, the brain has been the key point in inventing all equipment of
lie detection; be it polygraph or lie detection test. In these tests Brain Fingerprinting is latest
scientific technique for measuring neural responses to objects shown to subject or on external
stimulus printed to subject. It is a branch of neuro-science and deals with study of
neuroanatomy34.

4.2 Procedure to perform Brain-Mapping:-

When an information is provided to individual corresponding to prior knowledge or information

in the brain about the activity or event, the brain emits responses in form of P300. The stimulus
response is observable in form of P300 waves. P300 is electrically positive component and has
peak literacy of about 300 – 800 mili seconds at midline partial area of head. Dr. Farewell tested
not only P300 but also a negative component found at midline frontal area and has an asset
latency of 800 – 1200 mili seconds through MERMER. The familiar reaction of brain towards
the activity or event is midline partial area of brain and is recorded in MERMER – Memory and
Encoding Related Multifaceted Electroenceptalgraphic Response from different places of scalp

32
Deswal, Rajbir. “Supreme Court Ban on Narco Test”, The Tribune, 9 May 2010.
33
A.K. Gupta, S. Back & U.B. Roychowdhury, “Probing in depth of criminal mind”, J. Indian Acid, Forensic
Med, 2013.
34
Supra 20.

23
and a special hair band is equipped with electronic sensors, is attached to scalp and test is
presented with series of relevant and irrelevant words, pictures, signs, bounds, etc and responses
of two different types of stimuli is measurable to know whether relevant material is known to
brain or not. If the brain is confronted with stimuli, this is already stored and will emit P300 at
rate of 300 miliseconds. Those responses are recorded EEG signals no questions have to be
answered. The apparatus works not on emotions but on Cognitive Brain responses. This is a
major difference between polygraph and brain fingerprinting.

4.3 Advancement of Technique in India:-

Dr. Farewell patented the technique of Brain Mapping in USA in 70s which was projected to be
major breakthrough in Forensic Science as it involves and formulated probes like Keywords,
Phrases, pictures collected and related to crime are mixed with irrelevant words and pictures and
is flashed on screen and subject is called to press button on correct option. Problem arises when
subject presses wrong button or does not press any button at all. To rectify the error Dr.
Mukundan of Brainex (Brian Experience) Company at Bangalore designed a special software
called ‘Brain Electrical Activation Fingerprinting’. It is said that Modi lied version of Dr.
Farewell’s techniques. In this technique, the entire crime scene is created and is shown to the
subject and his or her reactions are recorded. There is another change sometimes information is
gathered from frontal lobe of brain and sometimes from posterior to be sometimes vice versa.
This technique cannot be used on mentally ill or heavily alcoholic suspect and might not be
helpful in cases of habitual criminals. According to Dr. Mukundan it is so specific that one can
even find out how much money was paid to a contract killer or who called him up the the day
before the killing35.

4.4 Working of Brain Mapping:-

Human brain is like a black box kept in an airplane to record everything happening with the
plane. There is an instinctive ability in brain to identify person, places, objects etc and is kept
reserved in memory. It is used to determine whether certain information is or not present in the
brain of an individual. Few electrodes are strapped on scalp of person and his or her involuntary

35
https://www.theweek.com

24
responses are recorded through electroencephalogram36. When an information provided to
subject and is already stored in brain sends electronic signals and is recorded in KEG (Electro
Encephalograph). If a person knows an event and shown to him the P300 electrical wave
responds to that fact. P300 shows only peak electrical response while MERMER shows both
Peak and Valley. MERMER not only responses to P300 but also additional data occurring more
than 200 miliseconds after the stimulus.

Brain fingerprinting detects the presence of crime. If a person is not present at the scene he or
she has committed the crime or present at the place of commission of crime. The act of crime is
imprinted in brain of the subject. This test only ensures that the subject is present at the scene. It
does not endure that the person concerned has committed the crime under investigation. He may
be present at the scene but for different reasons.

This test is a boon for investigating agencies. In planned commission of crime the physical
evidences may banish or made to vanish and sometimes it happens that no clue of criminal acts
is found. The investigating agencies have to grope in dark in order to catch a suspect. In such a
case, the brain fingerprinting has prevented to be boon in that regard. In commission of crime,
the brain of preparer is always with him while planning, exciting and committing the crime. This
technique measures crime related information stored in brain of suspect or not.

4.5 Critical Analysis of Brain Mapping:-

1. The test has its own limitations. It is conducted by human being and is possible that they
fail to fully and truthfully analyse the brain wave.
2. Innocent person who only witnessed would also react to stimuli. Similarly a person aware
of crime due to details published in media and brain may store it. In such a case, innocent
can also be found guilty. This tests utility is only to imprint the subject’s innocence.
3. This technique also criticized on the basis of violation of brain privacy as a person loses
his or her right to keep his thought to himself.
4. It is not useful in case of person who loses his memory like old people easily lose
memory and hence can brain mapping work accurately on an old man?

36
Supra 25 at 295.

25
 5. Six Member committee headed by National Institute of Mental Health and Neuro
Sciences (NIMHANS) Director Dr. Nagraj37 concluded that Brain Mapping is
unscientific and should not be used as tool of investigation and evidence adduced through
brain mapping should be made inadmissible in courts.

Raghava M., “Panel: Stop using brain mapping as an incestigative tool and evidence”, The Hindu, Saturday,
37

September 6, 2008.

26
Chapter : 5

Case Study

27
5.1 Polygraph Test in Child Swapping Case:-

In a case of child swapping in Hyderabad (AP) the five stagers Government Maternity Hodpital
was subjected to the polygraph tests. The case is about a young mother who alleged that her boy
child delivered at Nayapur Hospital on April 16 had been swapped. She has been given birth to a
girl child and refused to accept. A DNA test revealed that the girl child given to Latha was
indeed not ehrs. Police commenced investigation and following which a polygraph test was
decided38.

5.2 Polygraph Test in Rape Case:-

In Bangalore, Karnataka, Pratibha Srikant a female employee of BPO was raped and murdered.
The charge was framed on the driver hired by the company. The driver was subjected to
polygraph test, brain mapping test and narcoanalysis test39.

5.3 Polygraph Test in Shivani Bhatnagar Murder Case:-

Shivani Bhatnagar, an Indian Express Journalist, was murdered in her East Delhi apartment on
23rd January, 1999. Haryana Cadre I.G. Police Mr. R.K. Sharma and five others were accused
and charged with murder. Polygraph test was conducted on Shivani’s Husband, her sister,
brothers and brother-in-law40.

5.4 Polygraph test on Nithari’s accused Serial Killer:-

A businessman Mohinder Singh Pandher and his domestic help Surinder Koli in Nithari, Noida
were accused of murdering 30 missing children. CBI investigated in the case and scientific tests
were conducted on suspected killer. They used polygraph, brain mapping and narcoanalysis test

38
Retrieved from http://timesofindia.indiatimes.com
39
Retrieved from http://infotech.indiatimes.com
40
Retrieved from http://newswatch.in

28
on both of them and also a female servant who allegedly lured children who were killed by the
duo41.

5.5 Polygraph test on Mumbai Serial killer:-

Ravindra Kantrolle, a suspect of serial killing of seven people in South Mumbai in Marine Drive
and Azad Maidan Police Station, was subjected to scientific tests like polygraph, narcoanalysis,
and higher version of brain mapping tests. During these tests, he confessed about his
involvement in crimes. Brain Mapping and polygraph tests were conducted at Maharashtra
Forensic Science Laboratory and narcoanalysis tests were conducted at Bangalore Forensic
Science Laboratory on 14th February, 200742.

5.6 Ijju Sheikh’s Case – Face-to-face Probe:-

In the Mumbai Serial Blasts case of 1993 RDX was used which was smuggled from Gujarat
Coast to Mumbai. On 28th April, 2006 one Ijju Sheikh, aide of Dawood Ibrahim – an Underworld
Don, was arrested from Mumbai. Ijju Sheikh smuggled RDX from Gujarat to Mumbai. He
provided certain information to police and police would make him face-to-face with another
Dawood aide Umar Miyan Bukhari who was deported to Mumbai from Dubai in December,
2005 and who was subjected to narcoanalysis and brain fingerprinting test at Gandhinagar,
Ahmedabad43.

5.7 Mumbai Serial Blasts, 2006 – Identifying clues in terrorist mind:-

In the case of serial blasts in sub-urban trains of Mumbai on 11 th July, 2006 the Anti-Terrorism
Squad of Mumbai Police shought permission from the court to conduct lie detection, brain
mapping and narcoanalysis tests on arrested suspects viz. Kamal Ahmad Ansari, Mumtaz
Maqbool Chaudary, Faizal Sheikh, Mujammil Sheikh, Dr. Tanveer Ansari, Sohail Sheikh,
Jameer Sheikh, Kalid Aziz Sheikh and Etesham Siddiqui. It is believed that the suspected

41
Retrieved from www.indlaw.com; www.dnaindia.com
42
Retrieved from www.outlookindia.com
43
Retrieved from www.outlookindia/pti_news.asp?id=296155

29
persons have link with Lashkar-e-Toiba. The test conducted at Bangalore and proposed that the
tests would be conducted first on Kamal Ansari, the prime suspect. In the incident over 200
people were killed and over 600 people were injured44.

5.8 Terrorist attack at Indian Institute of Science, Bangalore:-

On December 25, 2005 terrorist attack was made at Indian Institute of Science, Bangalore. The
arrested suspect Abdul Rehman alias Raiz-ur-Rehman was subjected to narcoanalysis and brain
mapping tests and admitted that he met with Lashkar-e-Toiba top brass including Abdul Rehman
Makki, Abdul Aziz, Abu Hamza etc. while he was in Saudi Arabia. He admitted that he worked
for Hizbul Mujahideen and also admitted that he visited Dhaka in 2003 which he earlier denied.
He also disclosed that Naveed and Naushad conducted the terrorist attack. Naveed is supposed to
be Ghulam Yezdani like Rahman native of Nalgonda, Andhra predesh and who operates from
Saudi Arabia and Bangladesh for Harkat-ul-Jehadi-Islami45.

5.9 Bachu Rehaman’s Case – Seeking for Test:-

Narcoanalysis, Brain Mapping and Polygraphic tests on Bachu Rehaman, an accused of

Sbarimala Thantri Kandararu Mohanararu assault case was refused by Ernakulam Court on the
ground that the accused was not physically fit to undergo the test. He was remanded to judicial
custody after 9 days’ police custody. The case is related to assault by Bechu Rehaman by means
of manhandling, forcibly photography with a women and threatening of Sabarimala of Lord
Ayyappa Temple46.

44
Retrieved from www.dnaindia.com/report.asp?NewsID=1049812,
45
Retrieved from (1) www.hvk.org/articles/0106/96.html; www.kashmirlive.com/full_story.php?
content_id=85918,
46
Retrieved from www.newkerala.com/news4.php?action=fullnews&id=34784

30
5.10 Goa Gutka Baron, J.M. Joshi’s Case – Clues about Smuggling:-

Goa Gutka Baron J.M. Joshi was subjected to polygraphic test by CBI in March 2006 to
ascertain his role in smuggling of gutka machine to Pakistan and links with Dawood Ibrahim, an
Underworld Don. Brain Mapping was also to be conducted at Central Forensic Science
Laboratory, Gujarat47.

5.11 Abdul Karim Ladsab Telgi’s Case – Confession of Crime:-

A multi-crore stamp paper scam was committed by Abdul Karim Telgi. About 300 brain
mapping tests and also lie detection tests were conducted on him which showed that Telgi was
guilty of crime. In brain mapping test Telgi was made to sit in the chair and was asked to close
his eyes and then a headband equipped with 32 electrodes was attached to his scalp. The target
words were presented to him and changed brain activation pattern was recorded on EEG.

A legal debate ensued over test and manner and procedure of test. During the test Telgi revealed
some names but his lawyer contested the results. The reliability of test is to be heard by Mumbai
High Court where hearing is to start from 24 th February, 2007. Telgi was subjected to lie detector
test and P300 brain mapping test. His lawyer was of the view that narcoanalysis should not be
done as it may pose threat to life but Dr. S. Malini of FSL, Bangalore said the drug used in the
test is completely safe.

The aforesaid persons were closed to the prime accused Abdul Karim Telgi. The test were
performed at Ahmadabad and they derive the charges. It was further proposed to conduct P300
brian fingerprinting and narcoanalysis on them. The tests were conducted after seizure of certain
documents from the residence of Totla48.

47
Retrieved from www.sentinelassam.com/sentinel_en/archives/mar1005/national.htm.,
48
Retrieved from us.rediff.com/news/2003/dec/29/stamp 1.htm,

31
5.12 Madur Bhandarkar Matter:-

Actress Pretti Jain gave Rs. 2.5 Lakhs to Naresh Pardesi, a former associate of ganster Arun
Gavali. The police claims to have a sure shot case. The contract killer was also identified
according to police and his name is Sami, a resident of UP Bihar border. Preeti Jain was put on
the detector test and brain mapping test while Pardeshi was put to narcoanalysis test. Pardesi
hatched plans as revealed under influence of sodium pentothal, a drug injected while conducting
narcoanalysis. Pardeshi told preeti hired him for eliminating Bhandarkar, who wanted to kill
Preeti after false accusation of rape by her. The aforesaid confession was recorded in presence of
an anesthetist, general physician and clinical psychologist49.

5.13 Narcoanalysis Test on accused of Krushi Bank Scam:-

Krushi Bank Scam in Hyderabad K. Venkateshwara Rao was prime accused. Rao reportedly to
undergo narcoanalysis test stating that it may pose a risk to his life. After refusal he was again
lodged in jail. Mr. G. Ashok Reddy, counsel for Rao argued that the test may result in risk to life
of Rao. The counsel said that before conducting tests on his client the requisite medical consent
and consent of his relatives should also be taken. Rao refused to give his consent perhaps due to
fear of revealing names of people as revealed by Telgi, prime accused in multicrore stamp paper
scam, there will be danger to his life.

5.14 Narcoanalysis, Brain Mapping and Lie Detector Tests of Nithari’s Serial Killers in
UP:-

In the case of serial killing case of Nithari, Police arrested two persons, Moninder Singh Pandher
and Surendra Koli, for murdering 30 children and women who were sexually abused and or
before murders. Police had recovered a sow and many things which the two used to cut up parts
of bodies and disposed of their bodies separately, never at one go or at one place in sewer behind
the house of accused. A copy of Kinsey Report of sexual behavior has also been found from the
accused’s house. Both accused were subjected to narcoanalysis, brain mapping and polygraph
tests. In brain mapping names of some Ministers of State of UP and doctors cropped up. Test

49
Retrieved from www.timesofindia.indiatimes.com/articleshow/1231628.cms and www.expressindia.
com/ fullstory.php? Newsid=54664,

32
conducted at DPS, Gandhinagar. Audio and Video props were designed to focus mainly on two
subjects among host of others – nature of their sexual perversion and whether this was only
reason behind serial killing and rapes.

After brain mapping both were subjected to narcoanalysis test. In the test sodium pentothal was
administered as truth serum. Both accused cooperated before questioning. The narcoanalysis test
showed Surendra to be a cannibal psychopath driven by sexual impotency.

33
 Chapter : 6

CONCLUSION

These tests can be successfully used to fight custodial deaths. The investigating agencies have
carried out these tests in a number of high profile cases. Rapidly and swiftly these scientific tools
of investigation can become an alternative of third degree physical torture in police custody. As
it was rightly held by Supreme Court in D.K. Basu v. State of West Bengal 50, that there is need
for developing scientific methods of investigation and interrogation of accused as custodial
deaths and torture is nothing but a blow at rule of law.

50
AIR 1997, SC 610

34
Chapter : 7

References

35
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or lie detection.

39
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 ^ Jump up to:a b Winter, Alison (2012). Memory fragments of a modern history. Chicago:
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Archived from the original on 2013-03-13. Retrieved 12 Mar2013. Given the nature of
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 ^ Lie Detector Charts Emotional Effects of Shaving – 1938 Gillette Advertisement
 ^ Lykken, David T. A Tremor in the Blood: Uses and Abuses of the Lie Detector,2nd ed.,
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 ^ Mahapatra, Dhananjay (May 5, 2010). "No narcoanalysis test without consent, says
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July 5, 2013.

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 ^ Moore, Mark H.; Polygraph, Committee to Review the Scientific Evidence on the;
Council, National Research; National Research Council (u.s.). Board On Behavioral,
Cognitive; Committee On National Statistics, National Research Council (U.S.); Division
Of Behavioral And Social Sciences And Education, National Research Council (U.S.)
(2003). The Polygraph and Lie Detection. ISBN 9780309084369.
 ^ Naples M, Hackett TP: The amytal interview: history and current
uses. Psychosomatics01 1978; 19: 98–105.
 ^ Oct 23, P. Naveen | TNN |; 2012; Ist, 12:46. "Narco test report throws up zilch | Bhopal
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 ^ Office of Technology Assessment (November 1983). "Scientific Validity of Polygraph
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 ^ P. Solomon Banda; Dan Elliott (11 Mar 2013). "Judge OKs medication for Colorado
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 ^ Reid, J. E. (1945). "Simulated Blood Pressure Responses in Lie-Detection Tests and a
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detector tests that are routinely given to individuals with top secret clearances.

46
 ^ Roth, Alex (January 9, 2003). "Westerfield failed polygraph test badly: 'Greater than
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 ^ See for example State v. Pitts, 116 N.J. 580 (The Supreme Court of New Jersey 1989)
("Three experts ... agreed that sodium-amytal-induced interviews are not considered
scientifically reliable for the purpose of ascertaining "truth."").
 ^ Taylor, Marisa, "Sen. Charles Grassley Seeks Probe Of Polygraph Techniques At
National Reconnaissance Office", The McClatchy Company, 27 July 2012
 ^ Taylor, Marisa. "Indiana man gets 8 months for lie-detector fraud". The Seattle
Times. McClatchy Newspapers. Friday September 6, 2013. Retrieved on September 8,
2013.
 ^ The Adrich H. Ames Case: An Assessment of CIA's Role, Oct. 21, 1994 Memorandum
for Heads of Agency Offices from Director of Central Intelligence Archived 2009-07-05
at the Wayback Machine
 ^ The Polygraph and Lie Detection. National Research Council. 2003. ISBN 978-0-309-
26392-4.
 ^ The polygraph and lie detection. Washington, DC: National Academies Press. 2003.
pp. 4–5. doi:10.17226/10420. ISBN 978-0-309-08436-9.
 ^ The Polygraph and Lie Detection. Washington, DC: The National Academies Press.
2003. pp. 253–254. doi:10.17226/10420. ISBN 978-0-309-13313-5.
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January 2009, it confirmed his citizenship. "Ajmal's Nationality Confirmed". Dawn
(Pakistani Newspaper). 8 January 2009. Retrieved 31 January 2012.

47
 ^ There is some controversy to this point; see IJME debate in Jesani, Amar (Oct–Dec
2006). "Medical professionals and interrogation: lies about finding the 'truth'". Indian
Journal of Medical Ethics (Editorial). Mumbai. 3 (4): 116. Archived from the original on
2009-06-11. A PubMed search found 26 references from 1997 to 2001 (or 5.2
publications per year), but in less than five years (2002 to July 2006) the number has
more than tripled to 83 or 16.6 publications per year. Many of these are randomised
controlled trials. and Jesani, Amar (Jan–Mar 2007). "Misconceptions about narco
analysis". Indian Journal of Medical Ethics (Editorial reply). Mumbai. 4 (1): 7–8,
discussion 10-1. PMID 18630211. Archived from the original on 2013-07-30. It is true
that the number of research publications on lie detection has tripled during 2002-2006.
But no material has been produced that can be described as randomised controlled trials.
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 ^ Townsend v. Sain, Sheriff, et al., 372 U.S. 293, 307-308
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Criminology. 29 (6): 848.
 ^ Troville, P.V. (1939). "A History of Lie Detection". Journal of Criminal Law and
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 ^ Van Aperen, Steven (February 29, 2000). "The polygraph as an investigative tool in
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 ^ Vance, Stephen. "Looking at the Law: An Updated Look at the Privilege Against Self-
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 ^ Vitas Saldžiūnas and Aleksandras Kovalenka (2015). "Lie detection with polygraph",
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 ^ Weiner, Tim, David Johnston, and Neil A. Lewis, Betrayal: The Story of Aldrich
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 ^ When a job interview turns into an interrogation
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 Alder, Ken (2007). The Lie Detectors. New York: Free Press. ISBN 978-0-7432-5988-0.
 American Polygraph Association
 AntiPolygraph.org, a website critical of polygraph
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306-45782-1.
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Interested Perspectives by John J. Furedy, International Journal of
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instruments.
 Trial By Ordeal? Polygraph Testing In Australia
 UK Polygraph Association

50
 Woodrow, Michael J. "The Truth about the Psychophysiological Detection of Deception
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