Narco-Analysis Test: Truth Serum or Torture

Debmallya Sinha
ICFAI Law School, Hyderabad, India

Volume III, Issue II, 2020

The development of crime is as old as the dawn of human life, and some criminals are as brilliant as intellectuals. Advances in science and technology have long been used and abused. The investigative procedures of the past are hence no longer as effective, and there is a need for the inclusion of advanced procedures in the investigative pathway. Laws should change according to changes in society; so should their procedure and regulation when it comes to dealing with criminals. Justice cannot be rendered without proper evidence; there is an urgent need to obtain relevant information from an arrogant, aggressive, and uncooperative source to be used as evidence in a Court of Law. Police investigations often result in physical torture and coercion. Such inquiry becomes painful and inhumane; it can even develop into third-degree torture. Such techniques are only used for quick results but are examples of bad investigation. Any suspect will confess to almost anything to escape the pain of such torturous conditions. While every judicial system’s motive is to punish culprits without harming their dignity, older investigative techniques not only harm dignity but also result in the punishment of potentially innocent people as they sign off on whatever the investigating authorities may ask them to in a bid to escape the pain of torture. The Narco-Analysis test is one of the latest scientific development in the investigative procedure. It involves the recording of statements from suspects put into a sub-conscious stage by the administration of certain chemicals. They are rendered incapable of manipulating information and reveal what they know; this is a painless yet effective procedure. That said, it is often criticized by specialists in Constitutional Law; the Evidence Act of 1872 is also silent about this sort of investigative procedure.

The objective of this research work is to learn how this procedure contradicts Article 20(3) of the Constitution of India, detail its effectiveness to act as evidence in a Court of Law, and present an analysis of its usefulness. Case laws will be used to better understand the concept and its viability and how it is viewed by the Indian Judiciary.

Keywords- Evidence, Narco-Analysis tests, Criminal, Investigation.


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