Narco test
Rahul Sharma
(Querist) 01 June 2012
This query is : Resolved
Is Narco test legal in court eyes, can a Husband ask for Narco to prove his side?
Would that be considerable by court?
What's the procedure of that, if I want to ask judge for this?
ajay sethi
(Expert) 01 June 2012
The term narco-analysis is derived from the Greek "narke", meaning numbness. It is used as a psychotherapeutic as well as interrogating technique that uses barbiturates or 'truth serums' to induce a state of unconsciousness in which secrets come to the surface since the person testifying is not in control of what he/she says.
The reliability of the truth serum as a method of extracting truth is a matter of debate. The serum test is not legally admissible evidence in India. However, it can be used by agencies for gaining leads. Apart from questions about the efficacy of the method, there are also ethical issues involved. These include the issue of whether it is medically ethical to subject someone to the risks involved
J K Agrawal
(Expert) 02 June 2012
Narco test is not completely reliable and it is not safe to convict any one only depending upon narco test.
You produce your self for Narco Test but can no compel anybody to face it.
You may refer to Selvi & Ors. vs State Of Karnataka & Anr. decided the Supreme Court on 5 May, 2010
Shonee Kapoor
(Expert) 02 June 2012
NO.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Dr V. Nageswara Rao
(Expert) 03 June 2012
There are two questions regarding Narco analysis.
1. Is it reliable? If it is not, other questions do not arise. The best of the opinion is that it is not reliable.
2.Do the Courts have legal authority to order the test?
(a) Courts have the legal sanction under Ss.53, 53A and 54 to order the test in CRIMINAL cases. But the Supreme Court held in Salem case that they are unreliable, illegal and unconstitutional.
(b) In spite of what the Trial judge, the Delhi High Court and Supreme Court did in ND Tiwari case, the fact remains that the Delhi High Court in Rohit Shekhar v. Shri Narayan Dutt Tiwari & Anr. on 23 September, 2011, http://www.indiankanoon.org/doc/1378226 held that the Courts cannot compel an unwilling party to undergo the test. Later Tiwari willingly underwent the test. So in civil case the Courts do not have the express power to order the test.
