Reply To: Procedure For the NARCO Analysis Test

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advtanmoy
Keymaster

Narco Analysis Test and Criminal Procedure Code

2022-12-27

Under the provisions of the Criminal Procedure Code, the prosecuting agency is statutorily authorized to investigate the crime and to find out the truth and to reach to the accused persons who have committed serious offences,  detail investigation is required. Investigating Officer is the master of the investigation and nobody can restrain and/or interfere with the investigation carried out by the Investigating Officer, not even the Magistrate till an appropriate report is submitted by the Investigating Officer as contemplated under the provisions of the Criminal Procedure Code. Thus, considering the various provisions under the Criminal Procedure Code right from Sections 156 to 159 and other related provisions, collection of evidence by the police officer is permitted under the Law. Conducting the aforesaid tests on accused is to be considered as process of collection of such evidence by the Investigating Agency. The aforesaid two tests are scientific methods in furtherance of the investigation. The field of criminology has expended rapidly and new techniques and methods are used for committing the crimes and offences and the demand for supplemental methods of detecting deception and improving the efficiency of interrogation have increased concomitantly. Thus, aforesaid tests for criminal interrogation is a valuable technique which would help the Investigating Agency to further investigate the crime when the Investigating Agency finds itself clueless and there is no further headway in the investigation. The Investigating Agency cannot be prevented to interrogate the accused at the stage of investigation and restraining the Investigating Agency to further investigate the crime through the aforesaid two tests would tantamount to interfere with the right of the Investigating Agency to investigate the crime of which it is statutorily authorized.