Is Narco analysis test regarded as an evidence before courts

Student

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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ADVOCATES

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.


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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.


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advocate

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.


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Adv P & H High Court Chandigarh

Fully agreed with Parveen.


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ADVOCATE & DIRECTOR

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


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 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.       


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Advocate

Thank you Sharma.

 
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