Narco Analysis - Meaning, Procedure, and More: Complete Notes for UPSC!
The narco-analysis test is a forensic technique used in criminal investigations, where controlled drugs like sodium pentothal are administered to lower a subject's inhibitions and induce a hypnotic state. In this state, individuals are believed to reveal hidden information, though its reliability and admissibility in courts remain highly debated in India.
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Narco-analysis is important for UPSC Mains GS Paper II under Polity and Governance, specifically in topics like judiciary, rights issues, and criminal justice reforms. It links to fundamental rights (Article 20(3)), ethical concerns, and investigative practices, making it relevant for questions on law, governance, and human rights. Join the UPSC coaching today and boost your preparation.
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What is the Narco Analysis Test?
The Narco-analysis test is a psychological and forensic tool used to uncover concealed information during criminal investigations. In this procedure, certain drugs such as sodium pentothal, scopolamine, or sodium amytal are injected into the bloodstream. These substances act as "truth serums" by depressing the central nervous system and reducing the subject's self-control, inhibitions, and capacity to fabricate stories. Under this semi-conscious or hypnotic state, it is believed that individuals may provide more spontaneous and truthful responses to investigators.
The test is usually conducted by a team of experts in a controlled medical environment, including an anesthesiologist, psychologist, and forensic specialists. The responses are recorded and later analyzed for investigative leads.
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History of Narco Analysis
The concept of narco-analysis originated in the early 20th century when doctors discovered that barbiturates like sodium amytal could induce a hypnotic state and make patients reveal suppressed memories; later, it was adapted for criminal investigations.
- The word 'narco' is derived from the Greek word 'NARKE', which means numbness. Horseley coined the word narcoanalysis in the 20th century.
- The usage of nnarcoanalysisin forensic science started in the late 19th century when a medical practitioner in the USA used hypnosis to relax his patients and then help them by discussing emotionally complex matters.
- The Indian Evidence Act 1872, which is the primary statutory act for the admissibility of evidence in any court of law across the country, is silent regarding narco analysis. However, as per Section 27 of the Evidence Act 1872, any information subsequently discovered with the help of voluntarily administered test results can be admitted as evidence.
- In India, narco-analysis was first used in 2002 in the Godhra train burning case in Gujarat.
Is the Narco Analysis Test legal in India?
In a Supreme Court decision of 2010, the court declared that narco-analysis, polygraph, and brain mapping tests on an accused are illegal. However, the court allowed the use of similar techniques in criminal cases with the subject's consent and under certain restrictions.
The apex court said, "We hold that no individual should be forcibly subjected to any of the techniques in question, whether in the context of investigation in criminal cases or otherwise. Doing so would amount to an unwarranted intrusion into personal liberty."
Also, Learn about the Central Bureau of Investigation here!
Procedure of Narco Analysis Test
In the narco-analysis test, a controlled dose of drugs like sodium pentothal is intravenously administered to induce a trance-like state, during which investigators question the subject and record their responses for analysis.
- The Narco test is generally conducted by a team of "an anesthesiologist, a psychiatrist, a clinical/forensic psychologist, an audio/videographer, and supporting nursing staff."
- The team monitors the subject's blood pressure and pulse rate throughout the session, and the procedure is documented for the record.
- The subject is injected with the hypnotic drug Sodium Pentothal by the intravenous method. The dose depends on the subject's age, sex, and other medical conditions.
- After the drug is injected, the subject starts going into a state of sleep.
- When the person starts to fumble their words, the investigation team starts asking questions.
Effectiveness of Narco Analysis Test
- It can sometimes provide useful investigative leads by lowering inhibitions and making subjects more talkative.
- However, its accuracy is unreliable since subjects may mix truth with imagination or give irrelevant answers.
- Courts in India do not accept it as direct evidence, limiting its legal value.
- Overall, it is seen as a supplementary tool for investigation rather than a conclusive method.
Also, Learn about the Central Intelligence and Investigative Agencies here!
Importance of Narco Analysis Test
The narco-analysis test is important as an investigative aid to extract hidden information or leads in complex criminal cases when conventional interrogation fails, though it cannot be used as direct evidence in court.
- Narco analysis is used to diagnose mental illnesses.
- In medicine, narcoanalysis is used to:
- Restore speech to mute people.
- Revive mmemoriesin people with amnesia.
- Help people express suppressed or repressed thoughts or conflicts.
- Narco analysis is also used in forensics to investigate crimes.
- Narco analysis should only be used in severe cases, such as terrorism, organized crime, serial killings, and cases where no evidence is available.
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Concerns Associated with Narco Analysis
Narco-analysis raises concerns of human rights violations, reliability of information, and misuse by authorities, as it may infringe on the subject’s right to privacy and protection against self-incrimination under Article 20(3) of the Indian Constitution.
- The critics have expressed concerns that the accuracy of the narco analysis test isn't 100% accurate. For instance, a person with alcohol addiction is likely to have a high tolerance to thiopental sodium, and he will be able to pretend to be semiconscious and still be able to lie and deceive the investigation agencies.
- The test of narco-analysis violates a person's right to privacy, which is protected as part of their right to life and personal liberty under Article 21 of the Constitution.
What are the Side Effects of the Narco Test?
Narco Tests may cause harm to the physical and mental health of the subject. It can have the following side effects:
- Correct administration of dose: Injecting an accurate dose of a drug based on a person's attitude or willpower is a difficult task. Thiopental sodium becomes dangerous if not administered in judicious amounts.
- Respiratory illness: Narco test is particularly harmful to persons with respiratory diseases like asthma since an improper dose or administration of the substance could drastically reduce blood pressure and cease respiration.
- Effect on the brain: This test hurts the functioning of the brain. In some cases, it has been observed that there is a memory loss after the subject is given a dose of 'truth serum'.
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What are the Legal Implications of Narco Tests?
The various judgments as legal implications by the Supreme Court of India related to the Narco analysis test are discussed below:
D.K. Basu vs. State of West Bengal case, 1997
In this case, the Supreme Court ruled that administering the polygraph and narcotic test against the subject's consent would constitute cruel, inhuman, and humiliating treatment under Article 21, which protects the right to life and liberty.
Selvi & Others vs State of Karnataka & Anr, 2010
This is the most significant judgment by the judiciary of India related to the narco test. In this case, the accused challenged the constitutional validity of modern scientific techniques like Narco-Analysis, polygraph tests, and brain fingerprinting of interrogation while investigating criminal cases.
The three-judge bench of the Supreme Court in this case laid down the following guidelines:
- No lie detector tests should be conducted without the suspect's consent.
- The Supreme Court observed that the Indian Constitution, through Article 20 (3), i.e., right against self-incrimination, states that no accused person can be forced to be a witness against himself.
- A judicial magistrate should record the consent of the suspect for the narco test if any of these tests are to be conducted.
- An option should be provided to the suspect whether they wish to undergo such a test.
- The manner in which the information after the investigation was received should be documented in full, factual, and medical detail.
- Those who go through these tests must have access to a lawyer, who must explain the test's physical, emotional, and legal consequences to the subject.
Read about the other Important articles of the Indian Constitution. Read it here.
Narco Analysis Cases in India
Narco-analysis has been used in several high-profile cases in India, such as the 2002 Godhra train burning case, the 2006 Nithari serial murders, and the Aarushi Talwar murder case, though the results were treated only as investigative leads, not evidence. Some of the significant cases are described below:
Rajesh Talwar Case (2013)
- In the case of the Rajesh Talwar Narco-Analysis Test, the Polygraph test and Brain mapping test were conducted by investigation agencies against the consent of the accused persons. However, the narco test solved the case and was crucial in identifying the suspects.
Sister Abhaya's Death Case (2020)
- In this case, the High Court of India observed that any confession of crime during the narco tests couldn't be treated as evidence in a court of law.
Hathras Case (2020)
- In this case, the state government of Uttar Pradesh conducted the polygraph and narco-analysis tests as a part of the ongoing investigation into the alleged gang rape and murder of a 19-year-old girl.
What is the Difference Between Narco Analysis and Polygraph Tests?
|
Narco Analysis Test |
Polygraph Test |
|
It is popularly known as the narco test. |
It is popularly known as the Lie Detector Test. |
|
This test involves a drug called sodium pentothal that is injected into the subject to create a hypnotic or drowsy state and neutralizes the subject's imagination while expecting them to give factually correct information. |
This test is based on the assumption that a person's physiological reactions are altered when they are lying instead of when they are not. |
|
It makes use of a drug called sodium pentothal, which is popularly known as a truth serum or reality pills. |
It uses a device that measures and logs various physiological parameters, including blood pressure, skin issues, respiration, pulse, and breathing patterns. |
|
This test is considered a softer alternative to torture or "third-degree" by the police. |
In this test, each recorded response is given a number to help determine whether the subject is lying, telling the truth, or unsure. |
|
Scientifically, it is not entirely 100% accurate. Its accuracy is debatable in forensic science. |
It is also not completely 100% accurate. |
Also, Learn about the United Nations Interregional Crime and Justice Research Institute (UNICRI) here!
Criticisms Of Narco Analysis
Narco-analysis is criticized for its unreliable results, ethical concerns, and potential violation of fundamental rights, as subjects under drug influence may provide false or misleading information that cannot stand as credible evidence in court.
- Narco analysis is not always correct, so it has also drawn wide criticism from medical practitioners, human rights activists, and legal authorities.
- In many cases, it has been observed that an accused has provided false information even after the administration of the drug.
- With so many behavioral science consultation teams utilizing the pseudoscience of narco synthesis to support unlawful interrogations, India is known as the global capital of narco analysis.
- It is tough to administer a specific fixed drug dosage to a person because the dose varies from person to perso,n depending on the mental attitude and physical makeup of the condition. It is observed that administering the individual the incorrect dose could result in his death.
Also, Learn about the Criminal Punishment Principle here!
Conclusion
Due to their low dependability and lack of scientific evidence, these techniques, like narco-analysis tests, cannot be exploited to get statements or incriminating evidence. However, as investigative tools, they can be effective in helping to resolve complex situations.
The government should promote scientific methods in otherwise long-drawn-out investigations and trials. Still, it should also establish stringent guidelines for their proper, acceptable usage without affecting human dignity.
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