NARCO-ANALYSIS

What is Narco analysis?

The Narco analysis test is also known as the Truth Serum Test. Narco-analysis is a form of
psychotherapy and effective aid to scientific interrogation. In a narco analysis test, a drug like
sodium amytal is used as a truth drug on the suspect for the determination of facts about the
crime. It is called the “Amytal Interview”.
● The term Narco-analysis is derived from the Greek word “narke” which means anesthesia
and is used to describe a technique of diagnosing and giving psychotherapy with the help
of psychotropic drugs.
● Narco-analysis has become one of the most popular techniques of crime detection in
India.
● It is a kind of psychotherapy that is conducted on a person by inducing by bringing that
individual into semi-sleep with the help of scientific drugs.
● It is believed that if a person is administered a drug that suppresses his reasoning power
without affecting memory and speech, he can be made to tell the truth. Some drugs have
been found to create this ‘twilight state’ in some people.
● These drugs are being administered in some countries, including India.
● Under the influence of the drug, the subject talks freely and is purportedly deprived of his
self-control and willpower to manipulate his/her answers.
● The drugs which are used in the narco analysis test are nicknamed ‘truth drugs’ or ‘truth
serum’.

History of Narco Analysis

● The word narco analysis was coined by Horseley in the 20th century
● In 1922, it was first used in a criminal investigation in the US, when Robert House, a
Texas obstetrician used the drug Scopolamine on two prisoners.
● The Indian Evidence Act,1972 which is the primary statutory act for the admissibility of
evidence in any court of law across the country is silent with respect to narco analysis.
 However, as per Section 27 of the Evidence Act, 1872, any information that is
subsequently discovered with the help of voluntarily administered test results can be
admitted as evidence.
● In India, narco-analysis was first used in 2002 in the Godhra train burning case in
Gujarat.

Team of Experts required:

● Clinical forensic psychologist

● Psychiatrist
● Physician
● Audio – videographer
● Writer
● Supporting nursing staff

How is the Narco Analysis Test done?

A few of the best-known drugs that are used in the narco-analysis test are as follows:
● Seconal,
● Hyoscine (scopolamine),
● Sodium Pentothal,
● Sodium Amytal,
● Phenobarbital.
● The most commonly used drug for truth serum tests is an anesthetic and sedative drug,
Sodium Pentothal, which when administered intravenously can make a person talkative
and confessional.
● When these drugs are injected in continuous small dosages, it might have a hypnotizing
effect on a person, who responds loquaciously when questioned.
● The narcoanalysis test is conducted by mixing 3 grams of Sodium Pentothal or Sodium
Amytal dissolved in 3000 ml of distilled water.
 ● Depending on the person’s sex, age, health and physical condition, this mixture is
administered intravenously along with 10% of dextrose over a period of 3 hours with the
help of an anesthetist.
● The wrong dose can send the person into a coma or even cause death.

The effects of the drugs on the persons can be any one of these or all of these:

● After administering a truth drug, a person’s body turns cozy, his or her features slacken
and full of exhilaration and few grow to be silly and giggly.
● The drug blocks the impulses that commonly pass through positive nerves and maximum
body parts fall asleep, which emerge later in disoriented semi-wakefulness.
● Under the effect of drugs, he/she turns incapable of telling a lie, and he/she will always
share any records that are asked of them.

Procedure of Narco-Analysis Test

It includes:
1. Pre Test Interview
2. Pre Narcotic State
3. Semi Narcotic State
4. Post Test Interview

Pre Test Interview

Individuals are explained regarding the whole procedure and informed consent is taken.

Pre Narcotic State

Anesthetic induces narco and maintains the pre narcotic state throughout the interview.
The drug is injected till the person appears relaxed and in a state of good contact.

Semi Narcotic State

 After establishing the semi narcotic state, the individual appears to be either flushed or
with slowed and slurred speech.
Forensic psychologists and psychiatrists facilitate the interview.
● The individual is allowed to sleep off and allowed to wake up.
● Once he/she wakes up, the anesthetist checks him/her and allows to drink coffee
or tea.
● Complete narco interview is audio-video recorded and also written.

Post Test Interview

It includes:
1. Memory checking.
2. The individual is allowed to know what he/she has spoken during the interview.
3. Individuals experience a more relaxed and anxiety-free state.

Process:

1. Drug Administration:
The process begins with the administration of a predetermined dose of a psychotropic drug, such
as sodium pentothal, through intravenous injection. This drug acts as a central nervous system
depressant, leading to a state of relaxation and reduced inhibitions.

2. Inducing a Semi-Sedated State:

The administered drug induces a semi-sedated or hypnotic state in the subject. This state is
characterized by a heightened suggestibility, making the individual more prone to answering
questions or providing information that they might be hesitant to disclose under normal
circumstances.

3. Lowering Inhibitions:
The primary goal of narco-analysis is to lower the psychological barriers or inhibitions that
individuals may have, allowing them to reveal information that may be concealed consciously or
subconsciously. This process is believed to make it easier for investigators to extract details
related to a crime or an event.

4. Facilitating Memory Recall:

Proponents of narco-analysis argue that the induced state may enhance memory recall, enabling
the subject to retrieve information that is otherwise inaccessible due to psychological blocks or
trauma. This is based on the assumption that the drug may help bypass certain cognitive defenses
and retrieve repressed or forgotten memories.

5. Questioning and Information Retrieval:

During the semi-sedated state, investigators may pose questions relevant to the investigation. The
subject is expected to respond more freely and openly, providing details that could aid in solving
the case. It is essential for the interrogators to carefully craft their questions to obtain accurate
and reliable information.

Narco-Analysis in India
● A few democratic countries, India most notably, still continue to use Narco-analysis.
● Narco-analysis for the purpose of the interview is conducted in a forensic laboratory.
● In India, at Bangalore and Gujarat, this test is conducted.
● Consent of Court is required.

Recent Supreme Court judgment on Deception detection tests (DDTs):

The Supreme Court judgment on May 5, 2010 related to the involuntary administration of DDT
for the purpose of improving investigation efforts in criminal cases was questioned on the
account of violation of fundamental rights such as:

​ (i) ‘Right against self-incrimination’ enumerated in Article 20(3) of the Constitution,

which states that no person accused of an offense shall be compelled to be a witness
against himself/herself, and
 ​ (ii) Article 21 (Right to life and personal liberty) has been judicially expanded to include
a ‘right against cruel, inhuman or degrading treatment’.
DDT also raises serious concerns related to the professional ethics of medical personnel involved
in the administration of these techniques and violation of human rights of an individual.
Concerns regarding human rights violations in conducting DDTs were raised long back and the
National Human Rights Commission had published Guidelines in 2000 for the Administration of
Polygraph tests. However, only a few of the investigating agencies seem to follow these
guidelines.

Efficacy/Criticisms:

The efficacy of narco-analysis as a forensic investigative technique is indeed a subject of

scientific controversy, and the existing evidence supporting its reliability is limited. Several
factors contribute to this controversy, and concerns have been raised regarding the potential risks
associated with the use of narco-analysis.

1. Limited Scientific Validation:

One of the primary challenges in assessing the efficacy of narco-analysis is the lack of rigorous
scientific validation. The method has been criticized for lacking standardized protocols and
empirical validation studies to establish its reliability and consistency across different individuals
and scenarios. Without robust scientific evidence, doubts persist about the accuracy and
credibility of information obtained through narco-analysis.

2. Subjective Nature of Interpretation:

The interpretation of responses obtained during narco-analysis relies heavily on the subjective
judgment of the individuals administering the test. This introduces a potential source of bias and
raises questions about the objectivity of the results. The lack of standardized criteria for
evaluating the information obtained can lead to inconsistencies in the interpretation of the
induced states and responses.

3. False Confessions and Confabulation:

Critics argue that narco-analysis may increase the risk of false confessions and confabulation.
The induced semi-sedated state could make individuals more susceptible to suggestion, leading
them to provide inaccurate or fabricated information. False memories may be inadvertently
created, especially if the subject is influenced by external cues or the expectations of the
interrogator.

4. Ethical Concerns:
The use of psychotropic drugs to induce a state of altered consciousness raises ethical concerns.
Critics argue that such methods infringe upon an individual's autonomy and may lead to the
violation of their rights. Informed consent becomes a critical issue, as individuals under the
influence of drugs may not fully comprehend the implications of their participation in the
procedure.

5. Legal Scrutiny:
The admissibility of evidence obtained through narco-analysis varies across legal jurisdictions.
Many legal systems are cautious about admitting information obtained through methods with
questionable scientific validity. Courts may scrutinize the reliability of evidence obtained
through narco-analysis, considering the potential for coercion, suggestibility, and the lack of a
clear scientific foundation.

6. Alternative Explanations for Memory Recall:

The assumption that narco-analysis enhances memory recall is debated within the scientific
community. Some argue that the process may not necessarily improve accurate memory retrieval
but rather facilitate the recall of information, whether accurate or not. The distinction between
true memories and confabulated details becomes challenging to ascertain.

Alternatives:

When considering the ethical concerns and limitations associated with techniques like
narco-analysis and polygraph tests, investigators often turn to alternative methods that are more
widely accepted and have a longer history of use.
 1. Polygraph Tests (Lie Detectors)
2. Forensic Analysis
3. Witness Testimonies
4. Traditional Interrogation
5. Criminal Profiling including behavioral analysis
6. Digital Forensics
7. Surveillance Technology such as CCTV cameras and tracking devices, can be utilized to
monitor and gather information related to criminal activities.
8. Psychological Evaluation
However, it's important to recognize that no investigative method is without limitations, and a
multifaceted approach is often necessary for a thorough examination of the facts.
Case:
Aftab Amin Poonawala and the Shraddha Walkar Case (2023)

This recent case in India highlights the controversy surrounding narco analysis. Aftab Amin
Poonawala, the accused in the brutal murder of his girlfriend Shraddha Walkar, underwent a
narco analysis test in November 2023. However, its outcome and admissibility in court are
currently debated.

Brief details of the case:

● Shraddha Walkar was allegedly strangled and dismembered by Poonawala in May

2022.
● Poonawala initially confessed to the crime but later retracted his statement, claiming
it was made under duress.
● The police sought permission for a narco analysis test to gather more evidence and
verify his confession.
● Despite objections from Poonawala's lawyers, the Bombay High Court approved the
test, citing the seriousness of the crime and the need for truth-finding.

Controversy surrounding the case:

● Narco analysis is not foolproof: Critics argue that the reliability of the test is
questionable, as the drugs can induce false confessions or distort memories.
● Violation of constitutional rights: There are concerns that narco analysis violates
Article 20(3) of the Indian Constitution, which guarantees protection against
self-incrimination.
● Ethical considerations: The use of mind-altering drugs raises ethical concerns
regarding potential psychological harm to the subject.

Current status:
 ● The narco analysis test on Poonawala was conducted in November 2023. However,
the details of his statements during the test remain confidential.
● The court will decide whether to admit the test results as evidence based on legal
arguments and expert opinions.
● The case is still ongoing, and the final verdict is pending.

This case exemplifies the complex debates surrounding narco analysis and its use in the
Indian legal system. It raises important questions regarding its efficacy, legal validity, and
ethical implications.