FORENSIC SCIENCE

INTERNAL ASSESSMENT II – RESEARCH PAPER

A STUDY OF FORENSIC IDENTIFICATION WITH

SPECIAL REFERENCE TO NARCO ANALYSIS

SUBMITTED BY:

DIPANSHU GUPTA

DIVISON- A

B.A LLB

PRN: 17010125047
 INDEX

1. INTRODUC TION………………………………………… Page no. 5-6

2. HYPOTHESIS………………………………………………. Page no. 7

3. RESEARCH METHODOLOGY…………………………. Page no. 8

4. RESEARCH QUESTION…………………………………. Page No. 9-17

5. RESEARCH PROBLEM……………………………….......Page No.18

6. SCOPE………………………………………………………Page No. 19

7. CONCLUSION……………………………………………. Page No.20

8. BIBLIOGRAPHY…………………………………………. Page No. 21

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INTRODUCTION:

The term Narco-Analysis is derived from the Greek word. Its meaning “numbness” or
"anaesthesia" or "torpor" and is used to describe a diagnostic and psychotherapeutic
technique that uses psychotropic drugs, particularly barbiturates, to induce a stupor in which
mental elements with strong associated affects come to the surface, where they can be
exploited by the therapist. The advancement of science has led to many great and modern
machines and methods. A great number of discoveries and research has led to the overall
betterment of human civilization as we know it.

Many fields have benefited from major advancements in medical sciences. Man has had an
immemorial quest for truth and has been search of various techniques to discover truth. Thus,
man has turned to the field of medical science in search of the holy grail of truth detectors. It
has so far eluded him but this quest has turned up a few tricks with which the police would be
able to apprehend the culprit. The need for quick methods of discovering truth along with the
impatience of man has had a great deal to contribute to this particular field of forensic
science.

The main provision regarding crime investigation and trial in the Indian Constitution is Art.
20(3). It deals with the privilege against self-incrimination. The privilege against self-
incrimination is a fundamental right under Art. 20(3) which embody this privilege read, “No
person accused of any offence shall be compelled to be a witness against himself”. Subjecting
the accused to undergo the test, as has been done by the investigative agencies in India, is
considered by many as a blatant violation of Art. 20(3). The application of Narco analysis test
involves the fundamental question pertaining to judicial matters and also to fundamental and
Human Rights. The legal position of applying this technique as an investigative aid raises
genuine issues like this technique violates fundamental right of an accused person such as
right against self-incrimination under Article 20(3) of the Constitution and also encroachment
of an individual’s rights, liberties and freedom.

How Narco Analysis Test is conducted?

A person is able to lie by using his imagination. In the Narco Analysis Test, the subject's
imagination is neutralised by making him semi-conscious. In this state, it becomes difficult
for him to lie and his answers would be restricted to facts he is already aware of.

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Experts inject the subject with Sodium Pentothal or Sodium Amytal. The dose is dependent
on the person's sex, age, health and physical condition. A wrong dose can result in a person
going into a coma, or even death.

The subject is not in a position to speak up on his own but can answer specific but simple
questions. The answers are believed to be spontaneous as a semi-conscious person is unable
to manipulate the answers.

HYPOTHESIS
 Narco Analysis Test is the infringement of fundamental right of Self-incrimination as
mentioned in the Article 20(3) of Indian Constitution.
 Narco Analysis Test is the violation of dignified life.
 In the era of technology Narco Analysis Test is fruitful in detecting the trut

RESEARCH METHODOLOGY:
This research is based on doctrinal research. The method of research used is Primary
Research. While writing doing this research the data has been collected from existing case
laws, newspapers, journals and internet.

RESEARCH QUESTIONS:

While doing this research the researcher has framed following objectives-
1. To find out the constitutional validity of Narco Analysis test in India.
2. To explore the role of Judiciary while dealing cases relating to Narco Analysis test in
India.

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 1. CONSTITUTIONAL VALIDITY OF NARCO ANALYSIS TEST IN INDIA:
Article 20 (3) provide protection against self-incrimination clause (3) of Article 20 of
Constitution of India provides that no person accused of any offence shall be compelled to be
a witness against himself. Thus Article 20 (3) embodies the general principle of English and
American jurisprudence that no one shall be compelled to give testimony which may expose
him to prosecution for crime. The principle of criminal law which is really the bed rock of
English jurisprudence is that an accused must be presumed to be innocent till the contrary is
proved. It is duty of prosecution to prove the offence. The accused need not make any
admission or statement against his own free will the Fifth Amendment of American
constitution declares that no person shall be compelled in any criminal case to be witness
against himself.
The Fundamental rule of criminal jurisprudence against self-incrimination has been raised to
a rule of constitutional law in Article 20 (3). This guarantee extends to any person accused of
an offence and prohibits all kinds of compulsions to make him a witness against himself.
Explaining the scope of this clause in M. P. Sharma V. Satish Chandra. The Supreme Court
observed that this right embodies the following essentials:
1) It is right pertaining to a person who is accused of an offence.
2) It is a protection against “compulsion to be witness”.
3) It is a protection against such compulsion relating to his giving evidence against such
compulsion relating to his giving evidence against himself.
For invocation of Article 20(3) of the constitution of India all the three ingredients must co-
exist. The privilege under clause (3) is confined only to an accused i.e. a person against
whom a formal accusation relating to the commission of an offence has been levelled which
is in the normal course may result in the prosecution. A person against whom a first
information report has been recorded by the police and investigation has been ordered by the
Magistrate can claim the benefit of the protection. Further, the guarantee in Article 20 (3) is
against the compulsion to be ‘a witness’.
In State of Bombay V. Kathi Kalu Oghad a Bench of the Supreme Court consisting of eleven
judges held that, “It is well established that clause (3) of Article 20 is directed against self-
incrimination by the accused person. Self-incrimination must mean conveying information
based upon personal knowledge of the person giving the information and cannot include
merely the mechanical process of producing documents in court which may throw a light on

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any of the points in the controversy, but which do not contain any statement of the accused
based on his personal knowledge.”

The third component of Article 20 (3) is that it is a prohibition only against the compulsion of
the accused to give evidence against him. In Kalawati v H.P. State, the Supreme Court held
that Article 20 (3) does not apply at all to a case where the confession is made by an accused
without any inducement, threat or promise.

It is a right pertaining to a person accused of an offence:

The word accused of an offence make it clear that this right is only clear that this right is only
available to person is said to be accused of offence. A person against whom a formal
accusation edating to the commission of offence has been levelled which in normal course
may result to the in his prosecution and conviction.
The discussion on Article 20 (3) spells out three requirements which must be met with in
order to claim protection under Article 20 (3) If any of these requirements is not met with,
Article 20 (3) cannot be invoked. If Narco Analysis is carried out on an accused, it definitely
fulfils the first requirement of Article 20 (3). However, the question is whether subjecting a
suspect to such a test also fulfils the requirement of Article 20 (3).
In the case of State of Andhra Pradesh V. Smt. Inapuri Padma and Ors , the Court held that, it
is the safe test to elicit information relating to the crime from the above persons, instead of
resorting to third degree methods, therefore he submitted that the Police may be granted
permission to conduct Narco Analysis Test. In this case further averred that the Narco
Analysis Test is a complicated procedure, which has adverse reactions as well as drastic side
effects and sometimes it may be even fatal. to subject the petitioner for Narco Analysis as
part of the investigation lacks authority of law as the same is violative of fundamental rights
guaranteed to the petitioner and direct the respondents not to compel the petitioner to undergo
Narco Analysis Test without assuring the petitioner as well as the Court that the Narco
Analysis is totally harmless and the same would not in any manner injurious to the physical
and mental constitution of the petitioner by ordering a few suspects to undergo a Narco
Analysis test held that the question of putting the test of testimonial compulsion in case of
suspects does not arise.

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It is a protection against compulsion to be a witness:
The protection is against compulsion to be witness In M. P. Sharma V. Satish Chandra. The
Supreme Court interpreted the expression to be witness very widely so as to include oral,
documentary and testimonial evidence. The prosecution under Article 20 (3) covers not
merely testimonial compulsion in a court room but also compelled testimony previously
obtains any compulsory process for production of evidentiary document.
Which are reasonably likely to support the prosecution against him?
If a person is suspected to have some information regarding the commission of an offence,
there should be no prohibition on conducting a Narco Analysis test on him as the protection
under Article 20 (3) is available only to a person accused of an offence. Another requirement
of Article 20 (3) is that there should be no compulsion on the accused to give testimony
against him. However, in Narco Analysis test, the question of compulsion does not arise
because the prior consent of the person who is supposed to undergo such a test is always
taken.
In one case the Supreme Court in State of Bombay V. Kathi Kalu Oghad and others, held that
there is no compulsion when a police officer, in investigating a crime against, a certain
individual, asks him to do a certain thing. The fact that a person was in police custody when
he made the statement is not a foundation for an inference that he was compelled to make the
statement. The mere questioning of an accused by a police officer, resulting in a voluntary
statement, which may ultimately turn out to be incriminatory, is not compulsion.
Considering all these issues on Narco Analysis test we can easily conclude that Narco
Analysis does not violate Article 20 (3) to the extent that the person undergoing such a test is
not compelled to do so, rather it is done with the consent of the person who has full
knowledge of such a test.

It is a protection against such compulsion resulting in his giving evidence against

himself:
The protection under Article 20 (3) is available only against the compulsion of accused to
give evidence against him. But left to himself he may voluntarily wave his privilege by
entering into the witness box or by giving evidence voluntarily on request. Request implies
no compulsion therefore evidence given on request is admissible against the person giving it.
The Indian Courts have so far refused to admit the Narco Analysis as evidence, but Narco
Analysis is being carried out by the investigators. The reason is that although confession
made to the police or in the presence of police is not admissible in Courts, the information is

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admissible by which an instrument or object used in commission of crime is discovered. This
is clear from the wording of Section 27 of the Indian Evidence Act, 1872. Section 27 of the
Indian Evidence Act, 1872 is founded on the principle that if the confession of the accused is
supported by the discovery of a fact, the confession may be presumed to be true, and not to
have been extracted. It comes into operation only-
I. If and when certain facts are deposed to as discovered in consequence of information
received from an accused person in police custody; and
II. If the information relates distinctly to the fact discovered. If the self-incriminatory
information given by an accused person is without any threat that will be admissible in
evidence and will not be hit by Article 20 (3).

2. JUDICIAL APPROACH TOWARDS NARCO ANALYSIS TEST IN

INDIA:
The ambit of protection of right against self-incrimination enshrined under Article 20(3) has
been clearly laid down by Supreme Court in the case of Nandini Satpathy V. P L Dani. Here
disagreeing with the narrow construction of the expression accused of an offence by court in
other cases the Supreme Court clearly laid down that protection under Article 20(3) begins to
operate at pre-trial stage.

Any giving of evidence, any furnishing of information, if likely to have an incriminating

impact, answer the description of being witness against oneself not being limited to the
forensic stage by express words in Article 20(3) we have to construe the expression to apply
to every stage where furnishing of information and collection of material takes place. That is
to say even the investigation at the police level is embraced by Article 20(3). Hence Article
20(3) may be attracted even at the interrogation stage. In this context, Supreme Court held
that the protection under Article 20(3) extends to any compulsory process for gathering
evidence against the accused. Further compelled testimony resulting in violation of the
Article 20(3). It is defined by Apex Court as any mode of pressure, subtle or crude, mental or
physical, direct or indirect but sufficiently substantial, applied by the police for obtaining
information from accused strongly suggestive of guilt. Hence through this land mark case the
Supreme Court widen the scope of compelled testimony under Article 20(3) to not just
evidence admitted in the court but also state compulsion in this context could mean both

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physical and mental. The critics of the procedure argue that Narco Analysis test amount to
mental compulsion. Mental compulsion result when the mind has been so conditioned by
some extraneous process as to render the making of the statement involuntary and therefore
extorted.
At the same time the court also acknowledge the fact that a voluntary statement by accussed
can be invaluable in solving a crime and emphasizes the need for safeguard to erase
involuntariness and ensure free will of the accused to make statement during investigation. It
has also been held in the case of Kalawathi V. State of H. P. by the Supreme Court that
Article 20(3) does not apply at all to a case where the confession is made by accused without
any inducement threat or promise.

Consent of an accused is required in Narco Analysis Test:

It is at this point that the concept of informed consent of the accused should come into play
by becoming a prerequisite for carrying out the procedure on the accused. Informed consent
means that the accused should be made well aware of the technicalities of the procedure the
effect of the narcotics under whose influence he/she shall be interrogated as well as the
physical, psychological and legal ramification of understanding the procedure this knowledge
becoming the basis on which he renders his voluntary consent. This is to say that the consent
of the accused to undergo Narco Analysis will extend to answering the question in the
uninhibited state of mind induced by the narcotics used in the procedure thereby rendering
the making of any statement during the process completely voluntary and hence in no way
extorted.
However a contrary approach to the necessity of consent of the accused was adopted by the
Indian Judiciary in other cases16 the reasoning behind this approach of the court is that Narco
Analysis is a part of routine investigation procedures. Investigation as defined under code of
Criminal Procedure includes all the proceeding under the code for the collection of evidence
conducted by police officers or any person other than Magistrate who is authorized by a
Magistrate in this behalf.
Hence it was laid down that a statutory right is derived in virtue of this provision to carry out
Narco Analysis as part of the investigation irrespective of the consent of accused. It is
submitted that this ambiguity must be cleared by making informed consent of the accused a
prerequisite for the procedure to be administered. It may be well argued that when no other
scientific test. Viz. blood, semen, etc. require consent of what special significance is consent

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in context of Narco analysis test? Narco Analysis Test takes scientific investigation a step
further by eliciting information by injection of narcotic substance. Even other similar tests
viz. Polygraph and Brain mapping tests merely monitor the responses during interrogation.
This is to say that Narco analysis is big leap as far as investigation techniques are concerned
and consent plays a vital role in ensuring that the procedure does not violate the constitutional
right against self-incrimination of the accused.

Reliability and Admissibility of Narco Analysis Test in India:

Although the result of this test is not 100% accurate but it can be take in an account on the
basis of some collected evidence or correlated. There is question in the mind that whether this
test or the report of this test is admissible as evidence before court? There are several issues
on the same point in India. However doubts are raised whether it amounted to testimonial
compulsion in judiciary and violation of fundamental rights and human rights of an
individual. The results of Narco analysis and P300 tests are admissible as evidence in courts,
as they claim that confessions made by a semiconscious person is not admissible in court. A
Narco analysis test report has some validity but is not totally admissible in court, which
considers the circumstances under which it was obtained and assessed its admissibility.
Results of such tests can be used to get admissible evidence, can be collaborated with other
evidence or to support other evidence. But if the result of this test is not admitted in a court, it
cannot be used to support any other evidence obtained the course of routine investigation. In
India, Narco Analysis was first used in 2002 in the Godhra carnage case. It was also in the
news after the famous Arun Bhatt kidnapping case in Gujarat wherein the accused had
appeared before NHRC and the Supreme Court of India against undergoing the Narco
Analysis. It was again in the news in the Telgi stamp paper scam when Abdul Karim Telgi
was taken to the test in December 2003. Though in the case of Telgi, immense amount of
information was yielded, but doubts were raised about its value as evidence.
The Bombay High Court, in a significant verdict in the case of Ramchandra Reddy and
Others V. State of Maharashtra, upheld the legality of the use of P300 or brain Mapping and
narco-analysis test. The Court also said that evidence procured under the effect of narco
analysis test is also admissible. As crimes going hi-tech and criminals becoming
professionals, the use of narco analysis can be very useful, as the conscious mind does not
speak out the truth, unconscious may reveal vital information about a case. The judgment also
held that these tests involve minimal bodily harm. The court also said that evidence procured
under the effect of Narco Analysis test is also admissible.

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In 2004, the Bombay High Court ruled in famous Telgi case that subjecting an accused to
certain tests like Narco-analysis does not violate the fundamental right against self-
incrimination. Statements made under Narco-analysis are not admissible in evidence.
However, recoveries resulting from such drugged interview are admissible as corroborative
evidence.
But it seems in the offing, as in 2006 the Supreme Court of India stayed the order of a
metropolitan judge to conduct Narco Analysis on K. Venkateswara Rao in the Krushi
Cooperative Urban Bank case. Krushi co-op. Bank case Supreme Court held that it is
interesting to note that the Forensic Science Laboratory in Gandhi Nagar in fact refused to
conduct the test on a suspect when he did not give his consent. The Magistrate nevertheless
ordered the laboratory to conduct the test. However, the Supreme Court stayed the order of a
Metropolitan Judge to conduct Narco Analysis. Utility in investigative processes the
scientific tests may be employed in two ways, that is, they may directly be used as evidence
in court in a trial or they may be used merely as clues for investigation. Where the tests
involve the making of a statement, they may be directly adduced in evidence, provided they
do not amount to a confession because proof of a confession before a police officer or in the
custody of a police officer is prohibited. However, if the statements are merely admissions,
they may be adduced in evidence Surender Koli was main accused in the Nithari case, was
brought to Forensic Science Laboratory in Gandhinagar in January 2007 for narco analysis.
Polygraph test was conducted on Moninder Singh Pandher and his servant Surender Koli,
accused of serial killing of women and children in Nithari, to ascertain the veracity of their
statements made during their custodial interrogation. Various confessional statements were
made by the accused under the effect of the drug, he could remember the names of the
females he had murdered and revealed his urge to rape them after murdering them. Supreme
Court upholds death penalty for Nithari’s accused.

In Selvi V. State of Karnataka, the Supreme Court rejected the High Court’s reliance on the
supposed utility, reliability and validity of Narco analysis test and other tests as methods of
criminal investigation. First, the Court found that forcing a subject to undergo narco-analysis,
brain-mapping, or polygraph tests itself amounted to the requisite compulsion, regardless of
the lack of physical harm done to administer the test or the nature of the answers given during
the tests. Secondly, the Court found that since the answers given during the administration of
the test are not consciously and voluntarily given, and since an individual does not have the
ability to decide whether or not to answer a given question, the results from all three tests

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amount to the requisite compelled testimony to violate Article 20(3). The Supreme Court
found that Narco-analysis violated individual right to privacy and amounted to cruel,
inhuman or degrading treatment.

CONCLUSION:
On the basis of above made discussion it is very clear that, there are various orders of various
High Courts upholding the validity of Narco analysis test. These judgments are in stark
contrast with the earlier judgments of the Supreme Court interpreting Art.20(3). The
authenticity lies in the fact that Narco analysis is still an emerging interrogation technique in
the Indian criminal justice system without any rules or guidelines. The other view regarding
the legal validity of Narco analysis test is that it is used as an aid for collecting evidence and
helps in investigation and thus does not amount to testimonial compulsion. Thus it does not
violate the constitutional provision regarding protection against self-incrimination. Narco
analysis can evolve as viable effective alternate to barbaric third degree methods. But that
much care should be taken and procedure should not be misused by investigating officer
while conducting this test. Therefore final analysis and admissibility of Narco analysis Test is
depend on correlated with corroborative evidences collected by the investigation authority.
The present criminal justice system is passionate with individual liberty and freedom in the
context of fundamental rights of an individual under the Constitution of India. The
constitutional validity and admissibility of Narco analysis test is upheld taking into
consideration the circumstances under which it was obtained or conducted, sometimes there
may be a little possibility of miscarriage of justice if due care and caution is not taken by the
authority.

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 BIBLIOGRAPHY

Articles Referred:
1. Narcoanalysis - An Uncivilized Experiment With Human Rights‖
2. THE CONCEPT OF NARCOANALYSIS IN VIEW OF CONSTITUTIONAL LAW
AND HUMAN RIGHTS by Sonakshi Verma
3. NARCO-ANALYSIS – A STUDY IN THE LAW OF CRIMES, By ADHISH
4. SRIVASTAVA and ANUBHUTI AGNIHOTRI

Cases Referred:
 Selvi & Ors. V. State Of Karnataka & Anr
 M.P. Sharma v. Satish Chandra AIR 1954 SC 300
 State of Bombay V. Kathi Kalu Oghad AIR 1961 SC 1808
 Nandini Sathapathi V. P.L Dani AIR 1978 SC 1025
 R v. Purnell (1748) 1 Wm Bl 37

Websites Referred

 http://www.merinews.com/article/is-narco-analysis-test-reliable/131957.shtmllast
 www.legalserviceindia.com
 www.jstor.org

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