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Arun Krishnan (Student)     03 September 2009

Is Narco analysis test regarded as an evidence before courts

Article 20(3) of the Constitution guarantees this: "No person accused of any offence shall be compelled to be a witness against himself.

Statements made under narcoanalysis about oneself,if used as an evidence against such person(even if corroborated with substantial evidence) would then amount to violation of Article 20(3).

Under such a circumstance,Is Narco analysis test regarded as an evidence, before courts against the person making such statemants?

 



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 7 Replies

B.S MANJUNATH (ADVOCATES)     03 September 2009

Principles of natural justice and fair play are constitutional guarantees. It can't be disturbed. What needs to be understood is that narcoanlysis will result in eliciting truth is a personal opinion. There is no exactness. Only inferences can be drawn. Therefore it is too feeble to be considered  aganist anyone with evendentiary value.

1 Like

PRAVEEN CHOUDHARY (SERVICE)     03 September 2009

Narco analysis is only help in investigation but cannot be used as evidence. whatever said by the accused during the test only helps the investigation officer to investigate the case but can bot be used as evidence against the accused. becuase no one can be permitted to violate the provision of the constitution.

1 Like

PARTHA P BORBORA (advocate)     03 September 2009

Nerco analysis test result is not admitted as evidence in any criminal proceeding. investigating agencies sometimes apply this in the stage of investigation. it has no evidencery value at all.

1 Like

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     10 September 2009

Fully agreed with Parveen.

1 Like

PJANARDHANA REDDY (ADVOCATE & DIRECTOR)     10 September 2009

NARCO ANALYSIS  TEST IS TOOL IN EXTRACTION OF TRUTH &FACTS,IT DOENT HAVE EVIDENCE VALUE AS A WHOLE.....

1 Like

bhupender sharma (head)     09 November 2009

 Mr. Krishnan the Narco analysis test is the scientific mode of investigation and the Delhi High Court in number of judgements has referred the matter to the same.  Section 53 of the Code of Criminal Procedure provides the examination of the accused by the medical practitioner at the request of the police officer. The scope of the section is enlarged by the Hon'ble High Court of Delhi and held that the Narco test is not a test of giving evidence against himself rather it is the scientific way to assist the investigating agency in decriminalization of the society.       

1 Like

N.K.Assumi (Advocate)     12 December 2009

Thank you Sharma.


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