Narcoanalysis...a self-defence?
Adv.Shine Thomas
(Querist) 23 September 2008
This query is : Resolved
Is narcoanalysis a self-defence?
deepak kumar
(Expert) 23 September 2008
since narco analysis is an investigative tool and it can not be conducted at the behest of the accused therefore it is practically not possible to use it as self defense but if it has been conducted and some material favorable to the accused comes then it can be used.
Kiran Kumar
(Expert) 24 September 2008
Narco Analysis test is not admissible as an evidence....its merely an investigative tool.
only that testimony is counted which is given under complete senses.
ARVIND JAIN
(Expert) 24 September 2008
I AGREE WITH YOU.
deepak kumar
(Expert) 24 September 2008
if some evidence is uncovered during narco analysis which is admissible u/s 27 Evidence Act and that is in favour of the particular accused who has undergone the narco analysis then can it be used or not?
SANJAY DIXIT
(Expert) 24 September 2008
I think narcoanalysis can't be used as a self-defence.
deepak kumar
(Expert) 25 September 2008
i would like to solicit views of other esteemed experts on this issue
Adv.Shine Thomas
(Querist) 25 September 2008
Can we say that it is violative of Art. 21 of the Constitution?
K.C.Suresh
(Expert) 26 September 2008
It is applied for investigation only. Then there is no question of any defence line.
deepak kumar
(Expert) 26 September 2008
i think i have not been able to express myself and would like to reframe my question
during investigation confession before police has no evidentiary value but if any fact is discovered by that confession then only that part which relates distinctly to the fact thereby discovered is admissible as evidence u/s 27 evidence act
similarly during narco analysis the satatement would not have any evidentiary value but if any fact is discovered upon that statement will it be admissible u/s 27 evidence act ?
secondly if that fact discovered is in favour of the accused whether that fact can be used by the accused as defence evidence during trial ?
deepak kumar
(Expert) 27 September 2008
my question remains unanswered
Kiran Kumar
(Expert) 27 September 2008
well Deepak, if some fact is discovered in the process then that may not be used as it is against or in favour of the accused. Narco Analysis is only a helping tool to extract something out of the accused so that the investigation could be done in a proper direction. Facts will be considered to have been discovered only during the normal course of investigation. and u r well aware of the priciples of admissibilty and relevancy.
deepak kumar
(Expert) 28 September 2008
if some important recovery is made on the basis of information derived from narco analysis will that recovery be ignored just because it has been affected by gathering information during narco analysis?
if it can not be ignored then it has to be admissible as per section 27 evidence act.
narco analysis being an investigative tool
it comes within the larger framework of investigation then the recovery will have to be considered to have been made during investigation then in that case can it be not used as evidence?
ESTHERPRIYA
(Expert) 29 September 2008
I agree with points and views expressed by Deepak. Though narco analysis is an investigation tool, any fact or things or recovery discovered from the information obtained from Narco-Analysis is used. It does not matter whether the said facts is in favour or is in against the Accused. They are considered as admissible evidences to come to the conclusion of acquittal or conviction. We are well aware that after the conduct of narco analysis, aurushi father were granted bail as new facts are discovered and the father is not the real accused.
deepak kumar
(Expert) 30 September 2008
thanks for well needed support.
