Relevant evidence
Ghanshyam Adv.
(Querist) 03 July 2009
This query is : Resolved
Whether Narco Analysis Test and Dog-tracking are relevant and may be received in evidence?
PALNITKAR V.V.
(Expert) 03 July 2009
Narco can not be received in evidence. Evidence of dog tracking has practically no value.
SANJAY DIXIT
(Expert) 03 July 2009
Section 45 of the Indian Evidence Act, 1872 does allow experts’ opinions in certain cases. It reads:
“When the court has to form an opinion upon a point of foreign law, or of science, or art, or as to identity of handwriting or finger impression, the opinions upon that point or persons especially skilled in such foreign law, or of science, or art, or as to identity of handwriting or finger impressions are relevant.”
However this section is silent on other aspects of forensic evidence that can be admissible in court in criminal proceedings.
In my opinion if these tests are properly considered to be steps in the aid of investigation and not for obtaining incrimination statements, there is no constitutional infirmity. These tests are scientific methods in furtherance of investigation. All these tests are considered to be the part of the process of collection of some subsequent evidence.
Narco Analysis Test and Dog Tracking may provide some clues to the investigative agency to collect some evidence but these tests are not of any evidentiary value.
Ghanshyam Adv.
(Querist) 03 July 2009
Thanks to Mr Palnitkar and Mr Dixit for their valuable views.
