By : Stephy Siby & Guyyam Vaishnavi , Christ Academy Institute of Law, Bengaluru
Abstract:
In this paper researchers want to give a detailed account of deception detection techniques used in crime investigation in India. One of the major technique is Narco-analysis. This study discusses the use of polygraph and narcotics analyses in gathering evidence and determining constitutional validity. The criminal justice system is not without defects, and hence there are still ambiguous areas. Judicial system is increasingly relying on various technological technologies to cover in these unclear places. In both the investigative and criminal processes, scientific approaches are used. This paper discusses on the need for Narco-analysis, principles, the procedure followed in Narco-analysis. This paper analyses the constitutionality of deception tests in the light of legal framework and several case laws and compare the constitutionality of Narco-analysis in India concerning the USA. Despite the fact that science and law are two separate professions, the judicial system now has to deal with scientific facts on a regular basis. These tools are vital not just for investigating crimes, but also for locating future criminal behaviours that offenders will engage in society. These tests can appear to be in violation of the examinees' fundamental rights since they subject them to pain and suffering.
Keywords : Narco-analysis, Polygraph, Fundamental Rights, Legal Framework
INTRODUCTION:
Narco-analysis has become an increasingly, perhaps alarmingly, a common term in India. It defined as the process of psychotherapy conducted on a subject by inducing a sleep-like state with the aid of barbiturates or other drugs. Long before it was introduced in India, narcotics analysis was utilized as a tool in criminal investigations. Though its detailed procedure and value are being questioned, it is increasingly banging on the doors of courts and finds ready acceptance as a tool to get to the truth during criminal investigations. A Narco-analysis test's principal purpose is to gather information from the accused while he is hypnotised. The doctors bear complete responsibility for the procedures.
An anesthesiologist, a psychiatrist, a psychiatrist, an audio-videographer, and accompanying nursing staff perform the Narco-analysis test in India. The forensic psychologist produces a report on the revelations, which is accompanied by an audio-video compact disc. In the case of Ram Jawayya Kupar, It has been established that executive authority cannot infringe on constitutional rights and liberties, or any other rights of a person, and that an incursion on basic rights must be thrown down as unconstitutional in the lacking of any law. In India, Narco-analysis is increasingly being used in investigations, court hearings, and laboratories. Self-incrimination, as defined by an eleven-judge panel in the case of State of Bombay v. KathiKalu Oghad, means conveying information based on personal knowledge of the person and cannot be limited to the mechanical process of delivering documents in court.
RESEARCH METHODOLOGY :
The research is based qualitative information acquired from secondary sources which group discussions, articles, essays, newspaper reports, observations, case studies, books, websites, journals, research studies. Typically, formal research tools are used to collect data. Before data is collected, every part of the study is methodically planned.
RESEARCH OBJECTIVES :
Understand the concept of Narco-analysis test
Compare the constitutionality of Narco-analysis in U.S and India.
Determine the relevance of Narco-analysis evidence in India
Evaluate the provisions against conducting the Narco-analysis test.
Identify the various steps an accused undergo when he is subjected to a Narco-analysis test.
RESEARCH QUESTIONS :
- Whether the Narco-analysis test constitutionally admissible?
- Is Narco-analysis a reliable science?
- What is the value of Narco-analysis evidence in India?
- Is the right against self-incrimination desecrated by a Narco-analysis test?
- What exactly does an accused undergo when he is subjected to a Narco-analysis test?
HYPOTHESIS :
If comparing both countries, despite the fact that Narco-analysis has been declared unconstitutional by Indian and American courts, it is still widely used in specific circumstances.
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Narco-analysis is a form of mental torture that infringes on the right to life as it pertains to the right to privacy under Article 21.
Narco analysis isn't thought to be highly reliable. Truth serums do not induce truthful replies, according to studies conducted by numerous medical societies in the United States, and participants in such a state of trance under the truth serum may give inaccurate or misleading responses.
The results of such tests can be used to get sufficient evidence, be combined with other evidence, or be used to back up other evidence. However, if the results of this test aren't recognized in court, they can't be used to back up any other evidence collected during a usual investigation.
LITERATURE REVIEW :
“False memory is an extremely well-researched area, Even a person who is fully conscious can firmly believe in something that has not happened, more percentage of research done on this subject”- Dr. Chittaranjan Andrade, a Professor of Psychopharmacology at NIMHANS
“The Central Bureau of Investigation has been seeking the permission of courts and the consent of subjects before conducting Narco tests” -Harsh Bhal.
These tests were a misrepresentation of justice. The police, as an alternative of collecting real evidence, relied on these tests to spread gossips about the suspect- Colin Gonsalves, (Supreme Court advocate and director of Human Rights Law Network.)
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