Narco analysis, or a “narco test,” involves administering a drug called sodium pentothal to the accused, inducing a hypnotic or sedated state where their imagination is subdued.
Sodium pentothal, also known as sodium thiopental, is a fast-acting, short-duration anaesthetic primarily used to sedate patients during surgery. Belonging to the barbiturate class, sodium pentothal acts as a depressant on the central nervous system. It gained notoriety during World War II as a “truth serum” used by intelligence operatives, believed to diminish the subject’s inclination to lie. In this hypnotic state, the accused is presumed incapable of falsehood and is expected to provide truthful information.
Narco Tests vs Polygraph Tests:
Polygraph tests, while aiming for truth detection, operate differently. They rely on physiological responses that supposedly differ when someone lies, measuring variables like blood pressure, pulse rate, and respiration through instruments attached to the suspect. Unlike narco analysis, polygraph tests do not involve injecting drugs into the body.
Supreme Court’s Guidelines in Selvi vs State of Karnataka (2010):
Considering international human rights norms and the right to a fair trial, the Supreme Court emphasized that coercive intrusion into a person’s mental processes violates human dignity and liberty. The NHRC’s 2000 guidelines for polygraph test administration must be strictly adhered to, including obtaining the subject’s consent before a Magistrate, ensuring access to legal counsel, and explaining the test’s implications thoroughly.
Evidentiary Value of Such Tests:
Narco analysis results aren’t considered confessions due to the compromised choice of individuals in a drugged state. However, any subsequent information or material discovered with voluntary test results may be admissible under the Evidence Act, 1872. For instance, if an accused discloses evidence like a murder weapon during the test, and the police later find it, the physical evidence is valid while the accused’s statement isn’t considered evidence.
Legal Position before the SC Ruling:
Selvi vs State of Karnataka & Anr Case 2010: In a landmark ruling, the Supreme Court (SC) addressed the legality and admissibility of narco tests, asserting that involuntary administration constitutes an intrusion into an individual’s “mental privacy.” The apex court underscored that narco tests contravene the fundamental right against self-incrimination enshrined in Article 20(3) of the Constitution, which safeguards individuals from being compelled to testify against themselves.
D.K. Basu vs. State of West Bengal case, 1997: In a pivotal judgment, the SC decreed that the involuntary application of polygraph and narco tests amounts to cruel, inhuman, and degrading treatment, as per Article 21 or the Right to Life and Liberty.
Additional Observations by the SC:
- Narco tests lack reliability and conclusiveness as evidence, relying on assumptions and probabilities rather than concrete facts.
- Subsequent information or material derived from voluntarily administered tests may be admitted under Section 27 of the Evidence Act, 1872.
- For instance, if an accused divulges the location of physical evidence like a murder weapon during the test, and the police subsequently discover it, the physical evidence remains valid while the accused’s statement does not constitute evidence. T
- here exists no assurance that individuals undergoing such tests will divulge only the truth, opening avenues for manipulation and fabrication of results by vested interests.
- Narco tests necessitate the accused’s consent and entail full disclosure of their rights and the potential consequences.
- The court stressed the strict adherence to the ‘Guidelines for the Administration of Polygraph Test on an Accused’ issued by the National Human Rights Commission in 2000.
Polygraph Test
Polygraph testing, commonly known as a lie detector test, operates on the premise that physiological responses (such as heartbeat, breathing changes, and sweating) triggered during deception differ from normal responses. Instruments like cardio-cuffs or sensitive electrodes are affixed to individuals, measuring variables like blood pressure, pulse, and blood flow as questions are posed to them.
Each response is assigned a numerical value to determine whether the individual is truthful, deceptive, or uncertain. Initially conducted in the 19th century by Cesare Lombroso, an Italian criminologist, who utilized a machine to gauge changes in the blood pressure of criminal suspects during interrogations.
Neither polygraph nor narco tests have attained scientific validation for a 100% success rate, remaining contentious within medical circles. Results from these tests do not equate to confessions; however, any subsequent information obtained voluntarily may be admissible as evidence, as per the Supreme Court ruling in ‘Selvi & Ors vs State of Karnataka & Anr’ (2010).
Polygraph tests require the consent of the accused, which must be recorded before a judicial magistrate.
Volunteers must be afforded legal representation and be apprised of the physical, emotional, and legal implications by both law enforcement and legal counsel. Strict adherence to the ‘Guidelines for the Administration of Polygraph Test on an Accused’ published by the National Human Rights Commission in 2000 is mandated.
The Supreme Court deliberated on international human rights norms, fair trial rights, and the protection against self-incrimination under Article 20(3) of the Constitution, emphasizing the risk of coerced false confessions in expedited case resolutions. Intrusion into an individual’s mental processes is viewed as an infringement on human dignity and liberty, potentially resulting in severe and enduring consequences.
FAQs
Q: What is narco analysis?
Narco analysis, also known as truth serum test, involves the administration of drugs like sodium pentothal to induce a semi-conscious state in a subject. This state supposedly lowers inhibitions and enhances the subject’s willingness to share information, potentially revealing hidden or suppressed memories or truths.
Q: How reliable is narco analysis in extracting accurate information?
The reliability of narco analysis is widely debated. While proponents argue that it can help uncover crucial information, critics question its validity due to concerns about the subject’s suggestibility under the influence of drugs and the potential for false memories or unreliable statements.
Q: What is a polygraph test?
A polygraph, commonly known as a lie detector test, measures physiological indicators such as heart rate, blood pressure, and skin conductivity while a subject is asked a series of questions. The premise is that deceptive answers will elicit different physiological responses compared to truthful answers.
Q: Are polygraph tests considered reliable in determining truthfulness?
Polygraph tests have faced criticism regarding their reliability and validity. While they are widely used in certain contexts such as law enforcement and security screenings, their accuracy is often questioned due to the potential for false positives and negatives, as well as the influence of factors such as anxiety or countermeasures.
Q: What is brain mapping, and how does it differ from other interrogation techniques?
Brain mapping, also known as brain fingerprinting, involves measuring brainwave patterns to assess a subject’s response to stimuli related to specific events or information. Unlike narco analysis and polygraph tests, which rely on physiological responses, brain mapping focuses on neurological activity, aiming to detect recognition of relevant information stored in the brain.
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