Narco Analysis

The term Narco-Analysis is derived from the Greek word “narke” meaning anesthesia and is
used to describe a diagnostic and psychotherapeutic technique that uses psychotropic drugs,
particularly barbiturates, which acts as Central Nervous System depressants, and by virtue of
this, they produce a wide spectrum of effects from mild sedation to anesthesia. Narco-Analysis
tries to recall repressed materials. The therapist gives post-hypnotic suggestion to patient.
Repressed material is recalled during influence of the drug and repressed conflict of the patient is
located and cured.

A person is able to lie by using his imagination. In the Narco Analysis Test, the subject's
imagination is neutralised by making him semi-conscious. In this state, it becomes difficult for
him to lie and his answers would be restricted to facts he is already aware of.

Experts inject the subject with Sodium Pentothal or Sodium Amytal. The dose is dependent on
the person's sex, age, health and physical condition. A wrong dose can result in a person going
into a coma, or even death.The subject is not in a position to speak up on his own but can answer
specific but simple questions. The answers are believed to be spontaneous as a semi-conscious
person is unable to manipulate the answers.

PROS & CONS

According to police Narco analysis is a scientific tool of investigation, it helps a lot in crime
prevention and detection. It is definitely considered better than third degree treatment of the
police to extract truth from an accused. It is not possible to determine the correct dose of the
drug, which varies according to the physical constitution of the subject, but also his mental
attitude and will power. A wrong dose can send the subject into coma or even cause death, thus
resulting in legal complication. The person to administer them has to be highly qualified
physician. The test can be misused by suggestive questioning by the investigating agencies.
Psychiatrists hold that some individuals are suggestible even while fully conscious, meaning they
can be made to believe events that never actually happened. Therefore, while patients under
narco analysis may find it difficult to lie consciously, they can certainly say things that are on the
surface on their mind. The patient may say things that he wished were true and not that are
necessarily true.

CONSTITUTIONAL VALIDITY

Some legal experts consider that narco analysis test during the investigation is a blatant violation
of Art. 20(3) of our constitution. Art. 20(3) says, “No person accused of any offence shall be
compelled to be witness against himself.

The conditions for the applicability of Art. 20(3) are

I. There must be a person accused of any offence.

 II. There must be compulsion against such person.

III. Such compulsion must be to be witness and

IV. Such person must be compelled to be a witness against himself, in other words to
incriminate himself by his evidence.

All these four ingredients must be necessarily co exist before the protection of Art. 20(3) can be
claimed. If any of these ingredients is missing Art. 20(3) cannot be invoked. The controversy
regarding test is against the fundamental right is due to the modus operandi of the test. In the test,
the drug is administered which suppress the reasoning power without affecting the memory and
speech. The test also goes against the maxim “Nomo tenetur se Ipsum Accusare” which means
no man not even the accused himself can be compelled to answer any question, which may tend
to prove him guilty of a crime of which he has been accused. The previously mentioned principle
of the maxim is also incorporated in the section 161(2) of the code of criminal procedure. Sec.
161(2) of Cr. P. C says that such person shall be bound to answer truly all questions relating to
such case put to him by such officer, other than the questions the answer to which would have a
tendency to expose him to a criminal charge or to a penalty or forfeiture.

CONCLUSION

Law is a living process, which changes according to the changes in society, science, and ethics
and so on. Law is not static but it is dynamic. 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. The criminal justice system should be based on just and
equitable principles. The issue of using narco analysis test as a tool of investigation 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 cleared in the near future. In a situation where narco analysis is gaining
judicial acceptances and supports despite being an “unreliable and doubtful” science, we have to
seriously rethink about its legal and constitutional validity from human rights perspective. The
criminal justice system is based on the principle that “let hundred guilty go unpunished rather
than an innocent is punished”. To uphold this principle narco analysis test has to be made
compulsory in cases where the interest of public is involved. For this purpose, it is necessary to
amend or to enact new laws for that purpose so that justice may be delivered in a fair manner