INTRODUCTION

In the present time, with the growth of technology and new means to aid justice, the Indian Evidence
Act,1872 still does not cover the scientific tests, also known as ‘deception detection tests’ that aid
investigations. The three scientific tests that are commonly used in the investigation process are

Polygraphy (lie detector)

P-300 (brain mapping)

Narco analysis (truth serum)- In narco analysis, the person is sent in a state of disinhibition, i.e., a
state where the person is not conscious of his actions. It is done by administering a solution of
sodium pentathol and distilled water into the veins by a qualified anaesthetist. The test is conducted
by recreating scenarios or situations or by asking questions of the testifier and prodding him to
answer.

ISSUE 1 CONSTITUTIONAL VALIDITY OF NARCO ANANLYSIS TEST

IT IS SUBMITTED THAT IN THE PRESENT MATTER THERE WAS A THREAT TO NATIONAL SECURITY
WHICH WAS EVIDENT BY THE SEDITIOUS SLOGANS OF THE ACCUSED PERSONS AND THE
ASCERTAINMENT OF TRUTH REGARDING THE CONNECTIONS OF THE STUDENTS WITH THE
TERRORIST GROUP AND THE SEPERATIST MOMENT WAS OF THE UTMOST IMPORTANCE

THAT DUE TO THE SENSITIVITY AND THE NEED FOR EXPEDITIOUS INVESTIGATION IN THE MATTER ,
NARCO ANALYIIS TEST WAS THE ONLY SUITABLE COURSE OF ACTION LEFT WITH THE INVESTIGATING
OFFICERS

IT IS FURTHER SUBMITTED THAT THE CONDUCTION OF NARCO ANALYSIS TEST IS CONSTITUTIONALLY

VALID AND RELIANCE HAS BEEN PLACED ON THE FOLLOWING CANTENA OF JUDGMENTS BY VARIOUS
HIGH COURTS AND THE APEX COURT ALONG WITH THE RELEVANT PROVISIONS

IT IS SUBMITTED THAT

Section 53 (1) of the Criminal Procedure Code,1973 which provides for the use of reasonable force by
a medical practitioner at the request of a police officer for ascertainment of facts that could help in
finding new evidence.

that the narco-analysis test done by a qualified medical practitioner within a prescribed manner is
justified under Section 53(1) of the CrPC.

IT IS Further SUBMITTED THAT Section 39 of the Criminal Procedure Code, stateS That it is the duty
of every individual to give information about a crime, and Article 20(3) of the Constitution cannot
hinder the process of acquiring the truth

IT IS PERTINENT TO MENTION HERE THAT Various Courts have opined that the Constitution framers
while formulating the right against self -incrimination, did not intend to interfere in the process of
proper and efficient investigation

In the case of Dinesh Dalmia v state (2006), the Court held that if the accused does not cooperate
with the investigation team and the investigation is unable to complete within time and if the nature
of the case permits, the investigation team can go forward with scientific tests to find any leads for
the case
Further in the case of Sh. Shailender Sharma vs State & Another (2008), the Court took forward the
same view and stated that narco-analysis and other scientific tests help in determining evidence in
the case helping the investigation.

Therefore IT IS SUBMITTED THAT THE Courts in India have recognised that the scientific tests do not
violate the protection given under the Constitution and a narco-analysis test can be conducted if the
circumstances of the case allow,

THAT The Courts have recognised the narco analysis as a permissible means of investigating. It also
comes in handy when the interest of society at large is involved, and it is more important than the
interest of an individual

STRONG RELIANCE HAS BEEN PLACED ON

Rojo George v/s Deputy Superintendent of Police

IN WHICH The suspect raised the plea that the proposed Narco-Analysis test is extremely
problematical test which conducted after administering sodium pentathlon due to which the central
nervous system effect, heart rate slows and blood pressure low. In the case, one Krishna Pillai
confessed that he committed the offence. But the officers are not prepared to investigate whether
that confession is true or not. The petitioner whole heartedly co-operated with the Investigating
Agency while conducting Brain Mapping and Polygraph Test but the Investigating Agency was not
able to collect any material. It is further averred that it is very difficult to determine the correct
dosage of the drug to be administered on a subject since the same varies according to the age, sex,
physical constitution and also mental attitude and will power. [14]

It WAS argued that recording of a statement of a person undergoing Narco-Analysis will amount to
testimonial compulsion and the same is violative of Article 20(3) of the Constitution. The immunity
under Article 20(3) does not extend to compulsory exhibition of the body or giving blood specimen.

The court’s considered view is that the same principle should apply to Narco-Analysis also because it
is also a scientific test conducted by a team of scientists and not will amount to custodial
interrogation by Police. Hence, while allowing the narco analysis test Court is of the opinion that in
present day the criminals started to use very sophisticated and modern techniques for committing
the crime. So the conventional method of investigation and questioning to the criminals will not be
successful for solution and there is need to utilize some new techniques such as polygraph, brain
mapping and narco analysis.

It was held by the court in this case that Narco-Analysis is a scientific test conducted by the experts
in the subject after taking all possible precautions. But such adverse reaction can happen while
administering any medicine prescribed by doctors practicing modern medicine. So merely because
there is a remote possibility of adverse reaction, use of such techniques in conducting investigation
cannot be prevented

RELYING ON THE DESCISION OF THE ROJO GEORGE CASE IT IS SUBMITTED THAT IN THE CURRENT
MATTER THE UNFORTUNATE DEMISE OF THE ACCUSED WAS AN UNFORSEABLE AND REMOTE
POSSIBILTY , BUT IT DOES NOT INVALIDATE THE RESULTS OR THE CONDUCTION OF THE TEST

IT IS REAFFIRMED THAT THE MATTER IN QUESTION WAS A THREAT TO NATIONAL SECURITY AND
THAT THERE WAS DIRE NEED FOR SUCH INVESTIGATIVE METHODS

IN REGARDS TO THE ADMISSIBILTY AND VALIDITY IT IS SUBMITTED THAT IN THE CASE OF

Ramchandra Reddy and Others v State of Maharashtra

the legality of the

use of P300 or Brain Mapping and narco analysis test WAS UPHELD The court also said that

evidence procured under the effect of narco analysis test is also admissible

Dinesh Dalmia v State of Madras it was

held by Madras Court that scientific test of accused by conducting polygaphy

Narcoananlysis and brain mapping test on accused to bring out truth would not

amount to breaking his silence by force

INFERRING FROM THE AFOREMENTIONED PROVISIONS, SUBMISSIONS AND THE CANTENA OF

JUDGMENTS AND PROVISIONS RELIED UPON THAT THE NARCO ANALYSIS TEST WAS NESSACARY AND
CONSTITUTIONALLY VALID