(Querist) 10 June 2008
This query is : Resolved
Several high courts in india had ordered to perform narco analysis of accuse however all the orders are stayed by hon"ble apex court. Now in this cercumstanes what would have been position of the trail court to deceid the question of narco analysis
(Expert) 11 June 2008
Narco anlaysis test is done to bring out clarity on the issue involved in the crime, it is usually done to get the missing links, for which evidence is either not directly available or where it is hidden.
The Apex Court is seized of the matter, so we have to wait for the judgement.
(Expert) 12 June 2008
Nacro analysis is turning out be the most relevant test, the way the things are going. Every major offender or accused his tried by this test, so that it may help the Prosecutors. But the reports are not published.
In karntaka when the Tlgi Stamp Scam took place, the name of all the Current Politicians who were the beneficiaries were a part of the report, but nothing happen. It was buried.
Analysis of the truth as told by the accused should get some creidble value and acton should be taken.
(Querist) 12 June 2008
accuse has right of silence given in artical 20 of constitution, narco test is offending the fundamental right.. is it still permisible do you think? In my opinion it is for witness and not for accuse are u agree?
(Expert) 13 June 2008
i agree with the premise that the accused has the right to remain silent and he can not be forced to give evidence against himself but that is before a court of law. as far as narco test is concerned it is being used as an investigative tool by the ploice and it can be illustrated with the example of third degree torture by police which in itself is not commendable.
(Querist) 25 June 2008
In case of d.k.basu the apex court has given wide range of direction to eridicate custodia torture on other hand by narco impliedly custodial torture would not increase?
(Expert) 27 June 2008
There is distinction drawn up between torture and nacro analysis. Torture is done by police, whereas nacro analysis is done by Doctors. Both are not the same.