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Narcoanalysis in Indian Criminal Investigations

The document discusses the use of narco-analysis in criminal investigations in India. It notes that as crimes change with technological advances, new interrogation tools are needed for law enforcement. Narco-analysis is a modern scientific tool that can play an important role in investigations where evidence is lacking. However, there is debate around its admissibility in India due to concerns about self-incrimination and the law. The author argues that narco-analysis should be allowed before a magistrate in cases of serious crimes like terrorism and rape if certain safeguards are followed to protect the rights of the accused.

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RAKESH KUMAR
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101 views2 pages

Narcoanalysis in Indian Criminal Investigations

The document discusses the use of narco-analysis in criminal investigations in India. It notes that as crimes change with technological advances, new interrogation tools are needed for law enforcement. Narco-analysis is a modern scientific tool that can play an important role in investigations where evidence is lacking. However, there is debate around its admissibility in India due to concerns about self-incrimination and the law. The author argues that narco-analysis should be allowed before a magistrate in cases of serious crimes like terrorism and rape if certain safeguards are followed to protect the rights of the accused.

Uploaded by

RAKESH KUMAR
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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CONCLUSION & SUGGESTION

As we see that world is evolving and technological advancements taking place. And due to the
technological advancement, the crime patterns are also changing, subsequently these changes are
shaking the conscience of the society. So, there is need for new tools for interrogation for
investigation agencies because now the criminals using new ways to escape from getting caught by
law agencies. There are various modern tools for the investigation which are being developed for
using it in interrogation and Narco-analysis is one such modern scientific tools which is becoming
common among the law agencies in India. As discussed in my research paper, when there is lack of
evidence Narco-analysis can play important role in investigation.

Godhra carnage investigation in Gujarat ➢ Shashi murder case ➢ Noida Serial Murder Case i.e.,
Nithari Murder Case ➢ Abu Salem ➢ Arushi- Hemraj Double Murder Case ➢ Malegaon bomb blast
case ➢ Mumbai Train Blast ➢ 2008 Mumbai Terrorist Attacks (Mohammed Aamir Ajmal Kasab) Case
➢ Lashkar – E-Taiba Militant Case etc.

But in India there is huge cry for admissibility of the test. There are no particular provisions which
deal with scientific tools. The discretion lies in the hands of the judiciary to allow or not to allow the
Narcoanalysis test. Further we can say that Narcoanalysis test is being practiced in India because of
the mutual understanding between the judiciary, police, investigative agencies, human rights activist
etc90.

There are mainly two issues in these contexts firstly the self-incrimination and secondly the
statement hit by section 25 and 26 of the IEA, 1872.From the above discussion, it must be said that
no doubt according to article 20(3) the Narcoanalysis test violate the right to self-incrimination of
the accused which include the suspect also. But as in the case of Rohit shekhar v. N.D Tiwari 91the
Delhi high court held that where there is a conflict between the individual right and societal right
then in those case the societal interest will be prevail over the individual interest.

Thus the Supreme Court also left the door open for the admissibility of the voluntary test92. Author
suggesting firstly that if the legislature allow the Narcoanalysis test before the magistrate and allow
to it as evidence then it is beneficial in the cases like terrorism, rape and such other heinous crime
which is shaking the conscience of the society. Secondly the test is not so much harmful as compare
to the third-degree torture given by the police officer and hence if the test is allowed then the
accused would be save from the third degree torture which are violation of fundamental rights in
the real sense. Thirdly there should be a series of crime in which Narcoanalysis should be conduct.
Fourthly, the statement reveal from the test should not be disclosed to anyone except the judicial
officers and the experts who will be present there. And the last is that there should be a team of
experts at the time of test who provide the drug according to the mental and physical condition of
the accused. At world level also, some country completely restrict the scientific tools and some other
made laws for the proper admissibility of the test. But In India the legislature and the judiciary does
not completely allow or disallow the scientific methods as a investigation tool.

n Abhay Singh v. Territory of U.P18, it was held by Justice Barkat Ali Zaidi that, If the Narco-Analysis
test and Brain mapping test might be steady in discovering the actualities identifying with the
offense then it ought to be utilized and the court ought not hinder the lead of the activity.

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