Study of Narco-Analysis - Why not Legal in India?
- Bhavni Sahai
- July 3, 2020
Content :
The development in scientific technology is waving like fast flowing air in the modern world of advancement. The Law of a country is considered as dynamic in nature, and some fields of it come under the shadow of scientific advancement. Judicial system, particularly the criminal justice system, is not untouched with the advancement of science. So, there are present day techniques like Polygraph and brain–mapping test are non-intrusive technique that will distinguish deception without causing physical or mental damage to the subject. Scientific techniques are essential for proving guilt and also the innocence of the accused . Narco-analysis is also one of the products of the science which became a technique which is used in Forensic Psychology for the purpose of Investigation in different cases. But the analysis poses several questions at the intersection of medicine, law and ethics in India. The legal standpoint on narco-analysis in India has not been clearly pronounced by the Courts. The application of narco-analysis test involves the fundamental question pertaining to judicial matters and also to Human Rights so this analysis made on an accused is considered as illegal. But, in India the court by its judicial pronouncements in different cases made it clear, that narco-analysis test in criminal cases can be considered only when the court gives its consent to do so with some safeguards.
This paper addresses the scenario of narco-analysis in the Indian legal system. The paper covers the use of narco-analysis as a feasible alternative to use third degree methods in investigation and the role & significance of forensic science with reference to Narco-Analysis test. The main aim of this study is to analyze the evidentiary value, legality and Constitutional validity of Narco-analysis test in India. It also emphasis to search the nature and scope of Narco analysis, in the light of the Constitution of India, Cr.P.C. provisions and under Indian evidence act.
