FORENSIC SCIENCE

Theme: Narco analysis – A study of framework with reference

to constitution of India
Submitted by:

Shivam Singh

Group- B

PRN: 16010224066

Program: BALLB (2016-21)

Of Symbiosis Law School , NOIDA

Symbiosis International (Deemed University), Pune

In

FEBUARAY 2020

Under the guidance of

Dr. Megha Chauhan

Professor

Symbiosis Law School Noida

1
 CERTIFICATE

“The project entitled “Narco analysis – A study of framework with reference to constitution
of India" submitted to the Symbiosis Law School, NOIDA for Law of Evidence as part of
internal assessment is my original work carried out under the guidance of Dr. Megha
Chauhan from January 2020 to July 2020.

The research work has not been submitted elsewhere for award of any publication or degree.
The material borrowed from other sources and incorporated in the work has been duly
acknowledged.

I understand that I myself could be held responsible and accountable for plagiarism, if any,
detected later on.”

Signature:

Date: 03.02.2020

2
 ACKNOWLEDGEMENT

“I have taken every efforts to make this project factually correct. However, it would not
have been possible without the kind support and help of many individuals and
organisations. I would like to extend my sincere thanks to all of them.

I am highly indebted to Dr. Megha Chauhan for their guidance and constant supervision as
well as for providing necessary information regarding the project & also for their support
in completing the project.

I would like to express my gratitude towards my parents & members of Symbiosis Law
School, NOIDA especially the Librarian for their kind co-operation and encouragement
which help me in completion of this project.

I would like to express my special gratitude and thanks to faculty members of the
institution for giving me such attention and time. My thanks and appreciations also go to
my colleague in developing the project and people who have willingly helped me out
with their ability.”

3
 INDEX

S. No. TOPIC Page No.

1. INTRODUCTION
2. REVIEW LITERATURE
3. OBJECTIVES
4. FINDINGS
5. CONCLUSION

4
INTRODUCTION
“Narco-analysis has been the most debated topic amongst the legal fraternity, media and
common masses. Narco-analysis test, the development of new tools of investigation has led
to the emergence of scientific tools of interrogation.. With recent advent of technologies in
every sphere of life, criminal investigation is no more left out of its effects. Narco-analysis is
one of such scientific forms of investigation in which some sort of statement from the
accused is acquired which might form evidence. The Evidence Act is completely silent on
such employment of scientific process. Such process has often been criticized as against the
tenets of Constitution and on the other hand has been upheld as a necessity to evaluate some
complicated issues.”
“The term Narco-analysis is derived from the Greek word narkc meaning "anesthesia" and is
used to describe a diagnostic and psychotherapeutic technique that uses psychotropic drugs,
particularly barbiturates, to induce a stupor in which mental elements with strong associated
affects come to the surface, where they can be exploited by the therapist. The term Narco-
analysis was coined by Horseley”. Narco-analysis poses several questions at the intersection
of law, medicine and ethics. Is the procedure for Narco-analysis is violative of the rights
against self-incrimination, guaranteed under Article 20 (3) of Constitution? It figured
prominently in the news recently when it became eye of storm and sparked off the debate
when media played the role of Unnao rape case2, in Utter Pradesh. Accused subjected to
Narco-analysis test when he demanded Narco testfor justice and for the faith in criminal
justice system.1

REVIEW OF LITERATURE
A. The Concept of Narcoanalysis in view of Constitutional Law and Human Rights by
Sonakshi Verma (2009)
This paper presents a model of comparative analysis of the narco-analysis test.“It has with the
help of original case-laws explained as to why is the practice of recorded evidences through
this test a beneficial exercise for procuring valid and reliable evidences, but on the other
hand, the author has also presented the very crucial points as to how is the procedure of this
test against the right of self-incrimination vested in an individual under the Article 20(3) of
the Constitution of India as it hinders the right of the accused to remain silent.”

1
https://madhavuniversity.edu.in/nacro-analysis-test.html

5
B. Use of Modern Scientific Deception Detection Techniques In Criminal Investigation
In India: A Study From Constitutional And Human Rights Perspective by Meera
Bangotra (2012)
“In this paper, researcher has given a detail account of deception detection techniques used in
criminal investigation in India. She says that, the hallmark of our criminal justice system is
the search for truth and our methods of investigation, rules of criminal procedure and
appellate process are designed to ensure that. The use of these modern scientific deception
detection techniques has thus raised several issues of legal importance, for e.g. their
admissibility in evidence which encompasses the questions of their
authenticity/accuracy/reliability; encroachment on life/personal liberty; test being violative of
Article 20(3) of the Constitution of India; the violation of the human rights of the subject and
the requirement of any changes in the existing law to keep pace with times.”
C. 'Protection Against Self-Incrimination' as a Fundamental Right in India: A
Critical Appraisal by Raza, Aqa & Kumar Pandey, Pankaj (2015)
“The researchers in this paper have analyse the concept of protection against self
incrimination as a Constitutional right in India in various perspective. The rationale of Article
20(3), the provision contained under Article 20(3) in the Constitutional perspective
constituting the fundamental right have been discussed. The paper further, provides critical
appraisal by analyzing about fifty judicial pronouncements with respect to admissibility of
science and Narco-Analysis vis-à-vis self-incrimination.
The admissibility of science in a court of law demands that three major requirements be met:
namely validity, reliability and legality. The same must be used to analyse the science of
narco-analysis and its prospective admissibility in our courts. Validity demands that the
evidence procured be the result of a scientifically validated method and that it measures all
that it claims to measure with a reasonable amount of accuracy. Reliability on the other hand
is an indication of consistency in the accuracy of the results procured, the success rate of the
tests conducted and other consequences of the same. In Selvi v. State of Karnataka 2, the
Supreme Court rejected the High Court‘s reliance on the supposed utility, reliability and
validity of narco analysis test and other tests as methods of criminal investigation. First, the
Court found that forcing a subject to undergo narco-analysis, brain-mapping, or polygraph
tests itself amounted to the requisite compulsion, regardless of the lack of physical harm done
to administer the test or the nature of the answers given during the tests. Secondly, the Court
found that since the answers given during the administration of the test are not consciously
2
AIR 2010 SC 1974.

6
and voluntarily given, and since an individual does not have the ability to decide whether or
not to answer a given question, the results from all three tests amount to the requisite
compelled testimony to violate Article 20(3). The Supreme Court found that narco analysis
violated individual right to privacy and amounted to cruel, inhuman or degrading treatment.”
D. Narco-Analysis Test and Law in India by Dr. Pradeep Kumar Singh (2018)
“In this paper, the author has done and extensive analysis of the Selvi v. State of Karnataka3
case and has further opined on the basis of various newspaper publication and cases that, the
present criminal justice system is possessed with individual liberty and freedom and in this
context a safe passage is unavoidable to criminals due to weakness in the criminal justice
system leading to dilution of evidence. Since the validity of the test and admissibility of
Narco-analysis has been quashed by the Apex court taking into consideration the
circumstances under which it is obtained, the possibility of justice has weakened. It is
submitted that if the provision of administering Narco-analysis test is made compulsory for
the accused /witness in grave offences, it may pave the way for improving the quality of
criminal justice through strengthening of evidence system. This move will bring about a
qualitative change in the criminal justice. But a big question mark on the validity of the
Narco-analysis test when the demanding for justice by accused person. The Narco test can be
said to be unethical, when everything in investigating fails. Every person is innocent until
proven guilty, and the same aspect should be maintained while carrying out any criminal
investigation.”
E. Narco-analysis Test: An analysis of various Judgements of Indian Judiciary by
Ajay Kr. Barnwal and Dr. S. N. Ambedkar (2014)
“In this research paper, the authors have supported and upheld the narco-analysis test saying
that in the present scenario, where the professional trained criminals started replacing the
criminal with traditional investigation methods seems to be very difficult. In this situation it
is needed that the investigation agencies to update the process according to the social pattern
and criminal behaviour and it can be done only by adopting scientific technique in the
investigation process. The Supreme Court of USA also privately approved the use of
scientific technique in the investigation procedure while public safety is at risk. The authors
therefore opined that on the whole Indian judiciary has consented conditional use of these
tests for extracting truth. In fact, some of the laws relating to criminal justice system need
amendments so that scientific methods of investigation can become part of the laws thereby
they can be utilized for the benefit of the society at large and to have a crime free society.”
3
AIR 2010 SC 1974.

7
OBJECTIVES
 To get extract information of from the accused when he/she in hypnotic state.
 Comprises the whole term of expert
 Helps to elicit concealed info relevant to crime
 Helps in eliminating the innocent persons.
FINDING
All the three ingredients must necessarily coexist before the protection of Art 20(3) can be
claimed. If any of these ingredients is missing, Art. 20(3) cannot be invoked.
“The application of narco analysis test involves the fundamental question pertaining to
judicial matters and also to Human Rights. The legal position of applying this technique as an
investigative aid raises genuine issues like encroachment of an individual's rights, liberties
and freedom. Subjecting the accused to undergo the test, as has been done by the
investigative agencies in India, is considered by many as a blatant violation of Art. 20(3) of
Constitution. It also goes against the maxim Nemo Tenetur se Ipsum Accusare that is, 'No
man, not even the accused himself can be compelled to answer any question, which may tend
to prove him guilty of a crime, he has been accused of'. If the confession from the accused is
derived from any physical or moral compulsion (be it under hypnotic state of mind) it should
stand to be rejected by the court. The main issue thus is the question of its admissibility as a
scientific technique in investigations and its ultimate admissibility in court as forensic
evidence4.””
CONCLUSION
“Law is a living process, which changes according to the changes in society, science, and
ethics and so on. The Legal System should imbibe developments and advances that take place
in science as long as they do not violate fundamental legal principles and are for the good of
the society. A few democratic countries, India most notably, still continue to use narco
analysis. The issue of using Narco analysis test as a tool of interrogation in India has been
widely debated. The extent to which it is accepted in our legal system and our society is
something, which will be clearer in the near future. There have been orders of various High
Courts upholding the validity of Narco analysis. These judgments are in stark contrast with
the earlier judgments of the Supreme Court interpreting Art. 20(3). The veracity lies in the
fact that Narco analysis is still a nascent interrogation technique in the Indian criminal justice
system without any rules or guidelines. There have been orders of various High Courts
4
http://www.legalserviceindia.com/article/l176-Narco-Analysis.html

8
upholding the validity of narco analysis. These judgments are in stark contrast with the earlier
judgments of the Supreme Court interpreting Art. 20(3). The Central government must make
a clear policy stand on narco analysis because what is at stake is India's commitment to
individual freedoms and a clean criminal justice system5.”

5
http://www.rmlnlu.ac.in/webj/sonakshi_verma.pdf