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Narco analysis test is conducted by mixing 3 grams of Sodium Pentothal or Sodium Amytal dissolved in 3000 ml. of distilled water and due to the effect of bio-molecules on the bio activity of an individual, as the drug depresses the central nervous system, lowers blood pressure and slows the heart rate, putting the subject into hypnotic trance resulting in a lack of inhibition.
[See the full post at: Procedure For the NARCO Analysis Test]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.
Whether before conducting/performing Narco tests, the consent of the subject is required?
In other words, whether in absence of consent of the accused person, the aforesaid two tests are permissible? As held merely conducting of or performing of the aforesaid two tests on the accused would not take away the protection guaranteed under Article 20(3) of the Constitution of India and the said aspect is not required to be considered at the time of performing/conducting the aforesaid two tests and only when the statement which has been recorded during the course of the Narco Analysis Test, if it is used against the person as evidence at that stage, the same is required to be considered. Therefore, the question of consent at the stage of conducting/performing the aforesaid two tests is not required to be considered. As stated hereinabove, conducting/performing of the aforesaid tests is a part of investigation and for the investigation by the Investigating Agency the consent of the accused is not required, otherwise the Investigating Agency will not be in a position to further investigate the case, if the consent of the accused is required. At this stage, it is also required to be noted that the accused has not allegedly come forward with the truth and therefore, scientific tests are resorted to by the Investigating Agency. When the accused/person has not told the truth during the investigation, naturally, that accused/person would not be voluntarily giving consent for the aforesaid tests as he is always apprehensive that if the aforesaid two tests are conducted than the same might go against him therefore, he is bound to not give consent. Even it is not expected from a person/accused to give consent for the aforesaid two tests when he has not come forward with the truth.
As stated above, the aforesaid two tests are the scientific methods of investigation and are the part of investigation. There is no provision under the Criminal Procedure Code to have the consent of the accused before or during the investigation. It is also to be noted that before subjecting the accused to Narco Analysis Test his/her mental fitness will be ascertained and thereafter only accused will be subjected to Narco Analysis Test. The dosage level required to take a person to the hypnotic stage is found to be 3-4 times smaller than those required for stages beyond. Therefore, this low concentration of the drug used in the said test will not have any adverse effect on any system of the body. Necessary precautions are always taken by the medical experts at the time of examination and the doctors and anaesthetists and the experts are present at the time of conducting/performing such test. Under the circumstances, the contention on behalf of the petitioner-accused that before conducting/performing the aforesaid two tests, the consent of the accused person who will be subjected to the aforesaid tests is required cannot be accepted and the answer to such question is in negative.
Gujarat High Court in Santokben Sharmanbhai Jadeja vs State Of Gujarat [2008 CriLJ 68, (2008) 1 GLR 497, 2008 (2) KLT 398]
Forensic Science Laboratory, Gandhinagar-
(1) Lie Detector Test.
(2) P300 Test or Brain Mapping Test.
(3) Narco Analysis Test.
(1) Lie Detector Test:
Selvi and others Vs. State of Karnataka; 2010 (7) SCC 263
The Supreme Court in the case of Selvi and others Vs. State of Karnataka; 2010 (7) SCC 263 considered the legality of the three scientific tests viz.(i) Narco Analysis; (ii) Polygraph test (Lie Detector Test) and (iii) BEAP (Brain Electrical Activation Profile) Test. The legality of the three scientific tests were challenged interalia on the grounds that a direction to the accused to undergo those tests violate the rights guaranteed to the accused under Articles 20 and 21 of the Constitution of India and under Section 161 ( 2) of the Cr.P.C. It is undisputed that for conducting the Narcoanalysis test intravenous injection of Sodium Pentothal will be given to the subject of the test and due to which the subject of the test goes into hypnotic trance. In Polygraph test, some instruments like cardiographs, pneumographs, cardiocuffs, sensitive electrodes etc. would be attached to the subjects body before measuring the physiological responses. In BEAP test, electrical waves emitted from the subjects brain would be recorded by attaching electrodes to his scalp.
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