Guest (n/a) 15 November 2008
veenzar (Advocate) 15 November 2008
Recently police officials in some countries including India have turned to drugs for assistance in extracting confessions from accused persons, drugs, which are presumed to relax the individual’s defenses to the point that he unknowingly reveals truths, he has been trying to conceal. In India, where drugs have gained only marginal acceptance in police work, their use has provoked cries of “psychological third degree” and precipitated medico-legal controversies on one hand and has proved to be a scientific method of interrogation on the other hand.
This technique of using drugs for the purpose of investigation is called as “Narcoanalysis Test” also known as the “Truth Serum test”. According to Webster’s Dictionary, the word narcoanalysis had its origin in the 20th century and is coined from ‘narco-’ + ‘analysis’. It means psychoanalysis using drugs
to induce a state akin to sleep.
Prakash Yedhula (Lawyer) 15 November 2008
It is believed that if a person is administered a drug which suppresses his reasoning power without affecting memory and speech, he can be made to tell
Rajendran Nallusamy (Advocate) 15 November 2008
Is narco-analysis test reliable?
N.K.Assumi (Advocate) 16 November 2008
Well explained by Veenzar and Prakash.
N.K.Assumi (Advocate) 16 November 2008
To rely on Narco-Analysis Test depends on the wisdom of the judge.
Shree. ( Advocate.) 16 November 2008
Although inhibitions are generally reduced, people under the influence of truth serums are still able to lie and even tend to fantasise.
Adv.Shine Thomas (Advocate) 16 November 2008
Narco-analysis test is not reliable without further corroboration.
Prakash Yedhula (Lawyer) 18 November 2008
Narco Analysis Test is relevant in terror cases: HC
Amidst criticism over subjecting accused persons to Narco Analysis Test, the Delhi High court has upheld its validity stating that the test is essential in view of growing terrorism related cases and heinous crimes. "The use of Narco Analysis is of particular relevance in the context of terrorism related cases, conspiracy to commit murder and other serious offences where the investigating agencies do not have vital leads," said Justice Manmohan in a recent judgement. "In my opinion the Narco Analysis Test does not suffer from any constitutional infirmity as it is a step in aid of investigation and any self-incriminatory statement, if made by the accused, cannot be used or relied upon by the prosecution," observed the court and asked a man, accused of murder of his own nephew, to undergo the test within a period of two months. "Having regard to the proliferation of crimes against society, it is necessary to keep in mind the necessity of society at large and the need of a thorough and proper investigation against individual rights while ensuring that the constitutional rights are not infringed," the judgement further said. Clarifying that the test cannot be used as sole evidence to convict the accused, the court said the test is only meant to assist and aid the investigation. The court made it clear that the test should be conducted at the instance of a police officer not less than the rank below a Sub-Inspector. A prior permission of the concerned criminal court has to be obtained and the court would grant permission if the investigating agency's request is reasonable in the facts and circumstances of the case, the court added.