Law and You > Criminal Laws > Forensic Science > Use Narco-Analysis in Forensic Science

Forensic science is a multidisciplinary field that applies scientific principles and techniques to the investigation of crimes and legal disputes. It involves the collection, analysis, and interpretation of physical evidence from crime scenes to assist in solving criminal cases, identifying perpetrators, and ensuring justice for victims and defendants. Forensic scientists utilize a wide range of scientific disciplines, including biology, chemistry, physics, and mathematics, to examine various types of evidence and provide expert testimony in court proceedings. Forensic science plays a crucial role in the criminal justice system by providing scientific expertise and analysis to assist in the investigation and prosecution of crimes. Through the use of advanced scientific techniques and methodologies, forensic scientists contribute to the resolution of criminal cases and the delivery of justice for victims and defendants. In this article we shall discuss importance of forensic laboratories in the investigation of crime. Forensic science is a multidisciplinary field encompassing various branches, each specializing in different aspects of crime scene investigation, analysis, and interpretation of evidence. In this article, let us discuss an important technique used in forensic science called narco-analysis..

Narco-analysis or narco-test is a forensic technique used to extract information from an individual’s subconscious mind by administering drugs that induce a state of reduced consciousness or a hypnotic trance. The term “narco-analysis” is derived from the Greek word “narke,” meaning “stupor” or “numbness.” Narco-analysis has become one of the most popular techniques of crime detection in India. The hypnotic drugs lowers inhibitions and increases suggestibility. This state of altered consciousness allows the subject to recall suppressed memories, details of past events, or information that they may be unwilling or unable to disclose under normal circumstances. The subject remains conscious and able to communicate during the procedure but is in a highly relaxed and suggestible state.

Need of Narco-Test:

The need for narco-test, like any investigative technique, arises in specific circumstances where traditional methods may be inadequate or ineffective. Here are some situations where narco-analysis might be considered necessary or beneficial:

• Obtaining Crucial Information: In cases where crucial information related to a crime or investigation is not available through conventional means, narco-analysis may be used to access information that the individual may be unwilling or unable to disclose consciously.
• Unreliable Witness Testimony: When witness testimony is inconsistent, unreliable, or contradictory, narco-analysis can be employed to extract information from witnesses that they may not recall or disclose accurately in a conscious state.
• Memory Retrieval: Narco-analysis is sometimes used to retrieve memories that have been suppressed due to trauma, shock, or other psychological factors. It may help individuals recall details of past events or crimes that they have difficulty accessing through normal memory recall.
• Investigating Complex Cases: In complex criminal cases where multiple suspects, witnesses, or pieces of evidence are involved, narco-analysis can aid investigators in piecing together the sequence of events and identifying key players or accomplices.
• Overcoming Resistance: Some suspects may be resistant to interrogation or may refuse to cooperate with investigators. Narco-analysis can bypass resistance and facilitate the disclosure of information that the suspect may be withholding consciously.
• Psychological Evaluation: Narco-analysis is also used for psychological evaluation and assessment, particularly in cases where the mental state of the individual is a factor in the investigation or legal proceedings.
• Humanitarian Reasons: In certain cases, narco-analysis may be used to help individuals overcome psychological trauma or cope with distressing memories. It can be part of a therapeutic process aimed at providing closure and healing to victims or witnesses of traumatic events.

Narco-Analysis Process:

The narco-analysis process typically involves several steps, from preparation to administration and post-procedure evaluation. Here’s a general outline of the narco-analysis process:

• Preparation and Assessment: Before administering narco-analysis, the subject undergoes a preliminary assessment by trained professionals, such as forensic psychologists or medical experts, to evaluate their suitability for the procedure. The subject’s medical history, psychological condition, and any contraindications to the use of hypnotic drugs are assessed to ensure the safety and efficacy of the procedure.
• Informed Consent or Judicial Approval: Depending on the jurisdiction and circumstances, either the subject provides informed consent voluntarily or judicial approval is obtained through a court order authorizing the use of narco-analysis as part of a criminal investigation. Informed consent involves providing the subject with information about the procedure, its potential risks and benefits, and the right to refuse or withdraw consent at any time.
• Administration of Drugs: Narco-analysis involves the administration of hypnotic drugs, such as Sodium Thiopental (Sodium Pentothal) or Sodium Amytal, to induce a state of altered consciousness or hypnotic trance. Other hypnotic drug s used are, or Seconal or Hyoscine (Scopolamine) or Phenobarbital. The drugs are typically administered intravenously or intramuscularly by a qualified medical professional in a controlled environment, such as a medical facility or forensic laboratory.
• Induction of Trance: Once the drugs take effect, the subject enters a state of reduced consciousness or hypnotic trance characterized by relaxation, increased suggestibility, and heightened receptivity to suggestion. The subject remains conscious and able to communicate during the procedure but may experience a loss of inhibitions and a decreased awareness of their surroundings.
• Questioning and Elicitation of Responses: Trained interrogators or interviewers pose questions to the subject to elicit information, memories, or details of past events or crimes. The subject’s responses may be recorded or documented for later analysis and evaluation.
• Post-Procedure Evaluation: After the narco-analysis session, the subject undergoes a post-procedure evaluation to assess their well-being and cognitive functioning. Medical monitoring and observation may be continued to ensure the subject’s safety and recovery from the effects of the drugs.
• Analysis and Interpretation: The information obtained during the narco-analysis session is analyzed and interpreted by trained professionals, such as forensic psychologists or law enforcement officials. The reliability and credibility of the information are assessed, taking into account factors such as suggestibility, memory distortion, and potential biases.
• Corroboration and Validation: Any information obtained through narco-analysis is corroborated and validated through independent means, such as forensic evidence, witness testimony, or additional investigative techniques. Courts may require independent corroboration before considering narco-analysis results as evidence in legal proceedings.
• Documentation and Reporting: The entire narco-analysis process, including the administration of drugs, questioning, and post-procedure evaluation, is documented and reported in detail. Documentation may include written reports, audio or video recordings, and other forms of documentation to ensure transparency and accountability.

Overall, the narco-analysis process involves careful preparation, administration of drugs under controlled conditions, questioning to elicit information, post-procedure evaluation, analysis, corroboration, and documentation. It must be conducted in accordance with established protocols, ethical guidelines, and legal requirements to ensure the integrity and reliability of the results.

Legal and Ethical Considerations of Narco-Test:

The procedure for conducting narco-test is governed by legal and ethical considerations, and there are specific guidelines and precedents set by the judiciary. Here’s an overview of the judicial procedure for narco-analysis under Indian laws:

• Judicial Approval or Consent: Before conducting narco-analysis on an individual, judicial approval is typically required. This can be obtained through a court order authorizing the use of narco-analysis as part of a criminal investigation. Alternatively, the individual undergoing the test may provide consent voluntarily.
• Voluntary Consent: While judicial approval may be obtained for narco-analysis, in some cases, individuals may consent to undergo the procedure voluntarily. However, the consent must be informed and given without coercion or undue influence.
• Protection of Rights: The Supreme Court of India has emphasized the protection of fundamental rights, including the right against self-incrimination and the right to privacy, in the context of narco-analysis. Any procedure involving narco-analysis must respect these rights and adhere to due process.
• Trained Professionals: Narco-analysis must be conducted by trained professionals, such as forensic psychologists or medical experts, who are qualified to administer the procedure safely and effectively. The personnel involved should follow established protocols and guidelines to ensure the integrity and reliability of the results.
• Controlled Environment: Narco-analysis should be conducted in a controlled environment, such as a medical facility or forensic laboratory, to ensure the safety and well-being of the individual undergoing the test. Adequate measures should be taken to monitor vital signs and minimize any potential risks associated with the procedure.
• Recording and Documentation: The entire process of narco-analysis, including the administration of drugs and the elicitation of responses, should be recorded and documented meticulously. This documentation may be crucial for legal purposes, including the admissibility of evidence in court.
• Admissibility of Evidence: While information obtained through narco-analysis may be used to gather leads or corroborate evidence in a criminal investigation, its admissibility as evidence in court is subject to stringent criteria. Courts may require additional corroboration or validation to support the information obtained through narco-analysis before admitting it as evidence.
• Ethical Considerations: The use of narco-analysis raises ethical concerns, including issues related to consent, privacy, and the potential for coercion or manipulation. It is essential to adhere to ethical guidelines and standards of professional conduct when conducting narco-analysis to safeguard the rights and dignity of the individuals involved.

Overall, the judicial procedure for narco-analysis in India emphasizes the importance of protecting fundamental rights, ensuring procedural fairness, and upholding ethical standards. While narco-analysis may be employed as a forensic tool in certain cases, its use must be guided by legal and ethical considerations to ensure its integrity and reliability.

Efficacy of Narco-Analysis:

The efficacy of narco-analysis, like any forensic or investigative technique, is a subject of debate and scrutiny. Here are some points to consider regarding its efficacy:

• Access to Subconscious Information: Narco-analysis aims to access information stored in the subconscious mind that individuals may not readily recall or disclose in a conscious state. In some cases, it has been reported to help subjects recall details of past events or crimes.
• Facilitation of Disclosure: The drugs administered during narco-analysis can lower inhibitions and increase suggestibility, potentially facilitating the disclosure of information that the subject may be hesitant or unwilling to reveal under normal circumstances.
• Assistance in Investigations: Narco-analysis has been used in criminal investigations to gather leads, corroborate evidence, or extract information from suspects or witnesses. It may be employed when traditional interrogation methods have been unsuccessful or when the subject claims to have no memory of the events in question.
• Controversy and Reliability Concerns: Despite its potential benefits, the reliability of information obtained through narco-analysis is a matter of concern. Critics argue that the information retrieved under the influence of drugs may be unreliable, as it can be influenced by suggestion, imagination, or false memories.
• Dependence on Individual Factors: The efficacy of narco-analysis can vary depending on individual factors such as the subject’s susceptibility to suggestion, the skill of the interrogator, and the specific circumstances of the case. Some individuals may respond more positively to the technique than others.
• Limited Admissibility in Court: In many jurisdictions, the admissibility of evidence obtained through narco-analysis in court is limited. While the information obtained may be used to gather leads or corroborate evidence, it may not be admissible as direct evidence without additional corroboration.

Overall, while narco-analysis may have potential utility in certain cases, its efficacy must be carefully evaluated, and its use should be guided by ethical and legal considerations. It is essential to weigh the potential benefits against the risks and limitations associated with the technique.

Reliability of Narco-Analysis:

The reliability of narco-analysis, particularly in the context of its application as a forensic tool, is a topic of significant debate and scrutiny. Here are some key points regarding its reliability:

• Suggestion and Vulnerability: One of the primary concerns regarding the reliability of narco-analysis is the susceptibility of individuals to suggestion while under the influence of hypnotic drugs. The information obtained during the procedure may be influenced by the suggestions or cues provided by the interrogator or the environment, potentially leading to the creation of false memories or inaccurate information.
• Memory Distortion: Memories retrieved during narco-analysis may be subject to distortion or alteration, as the drugs used can affect cognitive functions and memory recall. This can result in the mixing of real memories with imagined or suggested details, leading to inaccuracies in the information provided.
• Influence of Drug Effects: The effects of the drugs administered during narco-analysis, such as sodium thiopental or sodium amytal, can vary from individual to individual and may impact cognitive functioning and judgment. This can affect the reliability of the information obtained, as the subject’s ability to discern reality from suggestion may be compromised.
• Ethical Considerations: The ethical implications of narco-analysis, including issues related to consent, privacy, and the potential for coercion or manipulation, can also impact its reliability. Subjects may feel pressured to comply with the procedure or may be influenced by external factors, leading to concerns about the validity of the information provided.
• Corroboration and Validation: To enhance the reliability of information obtained through narco-analysis, it is essential to corroborate the details provided by the subject through other means, such as forensic evidence, witness testimony, or additional investigative techniques. Relying solely on information obtained through narco-analysis without independent verification can pose risks to the reliability of the investigative process.
• Legal Considerations: In many jurisdictions, the admissibility of evidence obtained through narco-analysis in court is limited, reflecting concerns about its reliability and potential for misuse. Courts may require additional evidence or validation to support the information obtained through narco-analysis before admitting it as evidence in legal proceedings.

Overall, while narco-analysis may have potential utility in certain contexts, its reliability is subject to various factors and considerations. It is essential to approach its use with caution and to carefully evaluate the validity and credibility of the information obtained through this technique.

Evidentiary Value of Narco-Analysis:

The evidentiary value of narco-analysis under Indian laws is a complex and debated topic. While narco-analysis can be used as an investigative tool to gather information, its admissibility as evidence in court is subject to strict scrutiny and limitations. Here’s an overview of the evidentiary value of narco-analysis under Indian laws:

• Limited Admissibility: The Supreme Court of India has held that evidence obtained through narco-analysis is not admissible as substantive evidence in court proceedings. This means that the information obtained through narco-analysis alone cannot be used to establish guilt or innocence or to convict a person.
• Corroboration Requirement: While narco-analysis results may not be admissible as direct evidence, they can be used to gather leads or corroborate other evidence in a criminal investigation. Courts may consider narco-analysis results along with other evidence, such as forensic evidence, witness testimony, and circumstantial evidence, to build a case. Any information or material discovered with the help of voluntarily administered test results can be admitted as per Section 27 of the Evidence Act, of 1872. Narco-analysis tests are not considered confessions but can lead to the discovery of valid evidence if corroborated independently.
• Independent Corroboration: Courts in India typically require independent corroboration of the information obtained through narco-analysis before considering it as evidence. This is because of concerns about the reliability and admissibility of evidence obtained under the influence of drugs and the potential for manipulation or suggestion during the procedure.
• Judicial Discretion: The admissibility of evidence obtained through narco-analysis is ultimately at the discretion of the presiding judge. Courts may admit narco-analysis results as evidence if they are satisfied that the information is reliable and relevant to the case and if it is corroborated by other evidence.
• Use for Investigative Purposes: While narco-analysis results may not be admissible as evidence in court, they can still be valuable for investigative purposes. The information obtained through narco-analysis can help investigators gather leads, uncover new evidence, and build a case against suspects.
• Protection of Rights: Courts in India are mindful of protecting the rights of individuals, including the right against self-incrimination and the right to privacy. Any evidence obtained through narco-analysis must be obtained in accordance with due process and must not violate the constitutional rights of the individual.

Overall, while narco-analysis can be a useful tool for gathering information in criminal investigations, its evidentiary value in court proceedings is limited. Courts in India require independent corroboration and exercise discretion when considering narco-analysis results as evidence, prioritizing fairness, reliability, and the protection of individual rights.

Examples of Use of Narco-Analysis in Criminal Investigation:

Narco-test has been used in several high-profile cases in India over the years, often as part of criminal investigations to extract information from suspects or witnesses. Here are a few notable cases where narco-analysis was employed:

• Nithari Serial Killings Case (2006): Narco-test was used during the investigation into the Nithari serial killings, a case involving the brutal murders of several children and women in Noida, Uttar Pradesh. Suspects Moninder Singh Pandher and his domestic help Surinder Koli underwent narco-analysis tests to extract information about their involvement in the crimes.
• Aarushi-Hemraj Double Murder Case (2008): Narco-test was conducted on several suspects in the Aarushi-Hemraj double murder case, which involved the killings of teenager Aarushi Talwar and her family’s domestic help Hemraj Banjade in Noida, Uttar Pradesh. Aarushi’s parents, Rajesh and Nupur Talwar, were among the suspects who underwent narco-analysis tests as part of the investigation.
• Telgi Stamp Paper Scam (2003): Abdul Karim Telgi, the mastermind behind one of the largest counterfeit stamp paper scams in India, underwent narco-test as part of the investigation into the case. Narco-analysis was used to extract information about Telgi’s network, accomplices, and the modus operandi of the scam.
• Malegaon Blast Case (2008): Narco- tests were conducted on several suspects in the Malegaon blast case, which involved bomb explosions in the town of Malegaon in Maharashtra. The tests were conducted to gather information about the planning, execution, and motives behind the blasts.
• Sheena Bora Murder Case (2012): Narco-test was used during the investigation into the murder of Sheena Bora, a case that garnered significant media attention due to its complex and sensational nature. Several suspects, including Sheena’s mother Indrani Mukerjea and her former husband Sanjeev Khanna, underwent narco-analysis tests to extract information about the murder.

These are just a few examples of cases where narco-test was employed in India. While the use of narco-analysis in investigations is controversial and its admissibility as evidence in court is limited, it has been utilized in various cases as a tool for gathering information and aiding in the investigative process.

Constitutionality of Narco-Analysis:

Narco-test goes against the maxim Nemo Tenetur se Ipsum Accusare which means, ‘No man, not even the accused himself can be compelled to answer any question, which may tend to prove him guilty of a crime, he has been accused of.’ The main provision regarding crime investigation and trial in the Indian Constitution is Art. 20(3). It deals with the privilege against self-incrimination. The privilege against `self-incrimination is a fundamental canon of Common law criminal jurisprudence. Art. 20(3) which embody this privilege read, “No person accused of any offence shall be compelled to be a witness against himself”. Subjecting the accused to undergo the test, as has been done by the investigative agencies in India, is considered by many as a blatant violation of Art. 20(3). Arguments have been made that narco test constitutes mental torture and thus violates the right to life under Article 21 as it deals with right to privacy.

In Nandini Sathpathy v. P. L. Dani, AIR 1978 SC 1025 case, the Apex Court held that no one can forcibly extract statements from the accused, who has the right to keep silent during the course of interrogation (investigation).

In M. P. Sharma v. Satish Chandra, AIR 1954 SC 300 case, the Apex Court observed that since the words used in Article 20(3) were “to be a witness” and not “to appear as a witness” the protection is extended to compelled evidence obtained outside the Courtroom.

In The State of Bombay v. Kathi Kalu Oghad, 1961 AIR 1808 case, the Court observed that the term “Right to Privacy” is generic term encompassing various rights recognized to be inherent concept or ordered liberty. The right to be left alone on right of a person to be free from unwarranted publicity is Right to Privacy. This Right to Privacy is implicit in the right to life and liberty guaranteed to the citizens of India by article 21 of the constitution of India. None can publish anything covering the above matters without his consent whether truthful or otherwise and whether laudatory or critical. If done so, it will be violating right to privacy of person concerned and would be liable in an action for damages. In Indian constitution protection of life, liberty and freedom has throughout interpreted and article 14, 19, 21 are best example for any constitution against right to privacy. The Court further observed that self-incrimination means conveying information based upon personal knowledge of the person and cannot include merely the mechanical process of producing documents in court.

In Selvi v. State of Karnataka, AIR 2010 SC 1974 case, where the accused challenged the constitutional validity of certain scientific techniques of interrogation like Narco-Analysis, Polygraphy and Brain Fingerprinting in criminal cases. The petitioners argued that using these techniques are softer alternatives to the use of third-degree methods by the investigators and violates right against self-incrimination in Article 20(3) of the Constitution. A three-judge bench of the Supreme Court unanimously held that these tests are testimonial compulsions and are prohibited by Article 20(3) of the Constitution. In addition, the Court laid down the following guidelines in this respect:

• No Lie Detector Test should be administered except on the basis of the consent of the accused. An option should be given to the accused whether he wishes to avail such a test.
• The consent should be recorded by a judicial magistrate if any of these tests are to be done.
• During the hearing before the magistrate, the person who has given the consent must be duly represented by a lawyer.
• The person in question should also be informed clearly at the hearing that the statement that is made will not be a ‘confessional’ statement to the Magistrate but shall have the status of a statement made to the police.
• The Magistrate shall consider all factors relating to the detention including the length of detention and the nature of the interrogation.
• A complete factual and medical narration of the way in which the information was received should be taken on record.
• If an accused volunteers for the narco-analysis test, they must have access to a lawyer and be fully informed of the physical, emotional, and legal implications of the test.
• The guidelines state that narco tests cannot be conducted without the subject’s consent, which must be obtained before a Magistrate.
• A forcible intrusion into a person’s mental processes is considered an affront to human dignity and liberty, and the court recognized the right against self-incrimination.
• The ruling clarified that any information or material discovered with the help of voluntarily administered test results can be admitted as per Section 27 of the Evidence Act, of 1872.
• The ruling established that results of narco-analysis tests are not considered confessions but can lead to the discovery of valid evidence if corroborated independently.

Conclusion:

Narco-analysis is a forensic technique used to extract information from individuals by inducing a state of altered consciousness or hypnotic trance through the administration of hypnotic drugs. While narco-test can be a valuable tool for gathering information in certain circumstances, its use raises significant ethical, legal, and reliability concerns. The efficacy of narco-test in extracting information from individuals is debated, with critics pointing to the potential for suggestibility, memory distortion, and false memories. The reliability of information obtained through narco-test is further complicated by factors such as individual susceptibility, the skill of the interrogator, and the context in which the procedure is conducted.

From a legal perspective, the admissibility of evidence obtained through narco-test in court proceedings is limited. While narco-test results may be used to gather leads or corroborate other evidence, they are not admissible as substantive evidence on their own. Courts typically require independent corroboration and exercise discretion when considering narco-test results as evidence. Despite its limitations, narco-test continues to be used in criminal investigations, psychological evaluations, and therapeutic contexts. However, its use must be approached with caution and conducted within the bounds of ethical and legal guidelines to protect the rights and well-being of individuals involved.

In summary, while narco-test may have utility in certain situations, its use must be balanced with considerations of reliability, ethical standards, and legal requirements. Further research and debate are needed to fully understand the implications and limitations of narco-test as a forensic tool.

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