LCI Learning
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

amarendra (lawyer)     30 May 2008

narco test

 what is narco test ? whether consent of the person required ? under what provision of law the test can be done and what is its evd value ?


 5 Replies

amit gupta_lawyer (lawyer)     30 May 2008

well narco test is a scientifice test in which a medicine is given to a person so that he can speak truth and consent of a person is not required if he is a prime suspect in a offence and this test is used to clear the ambuigity in the investigation and the relevance of such evidence is always taken as supporting evidence along with rest of evidence and the power of court under crpc to investigate such test is given under sec 139 ,293
sec 139.The Magistrate may, for the purposes of an inquiry under section 137 or 138-

(a) Direct a local investigation to be made by such person as he thinks fit; or (b) Summons and examine an expert.

sec of goverment scientific expert-:

(1) Any document purporting to be a report under the band of a Government scientific expert to whom this section applies, upon any matter or thing duly submitted to him for examination or analysis and report in the course of any proceeding under this Code, may be used as evidence in any inquiry, trial or other proceeding under this Code.

(2) The court may, if it thinks fit, summon and examine any such expert as to the subject matter of his report.

(3) Where any such expert is summoned by a court and he is unable to attend personally, he may, unless the court has expressly directed him to appear personally, depute any responsible officer working with him to attend the court, if such officer is conversant with the facts of the case and can satisfactorily depose in court on his behalf

(4) This section applies to the following Government scientific experts, namely.

(a) Any Chemical Examiner or Assistant Chemical Examiner to Government;

(b) The Chief Inspector of Explosives;

(c) The Director of the Finger Print Bureau;

(d) The Director, Haffkeine Institute, Bombay;

(e) The Director 1[Deputy Director or Assistant Director of a Central Forensic Science Laboratory or a State forensic Science Laboratory];

(f) The Serologist to the Government.

amarendra (lawyer)     30 May 2008

well 139 crpc wl nt apply

H. S. Thukral (Lawyer)     31 May 2008

Narco Analysis is a diagnostic and psychotherapeutic technique that uses psychotropic drugs, barbiturates, or Thiopnetone Sodium to induce a stupor in which mental elements with strong associated affects come to the surface, where they can be exploited by the therapist. It is attained by depressing the central nervous system, putting the subject into a hypnotic trance resulting in a lack of inhibition. The subject is then interrogated by the investigating agencies in the presence of the doctors. The revelations made during this stage are recorded both in video and audio cassettes. The report prepared by the experts is what is used in the process of collecting evidence. This procedure is conducted in government hospitals after a court order is passed instructing the doctors or hospital authorities to conduct the test. Personal consent of the subject is also required

Whether the results of the Test can be used in Evidence?

The main provision regarding crime investigation and trial in the Indian Constitution is Art. 20(3). It deals with the privilege against self-incrimination which is a fundamental canon of Common law criminal jurisprudence.
Section 45 of the Indian Evidence Act says
“When the court has to form an opinion upon a point of foreign law, or of science, or art, or as to identity of handwriting or finger impression, the opinions upon that point or persons especially skilled in such foreign law, or of science, or art, or as to identity of handwriting or finger impressions are relevant.”
However this section is silent on other aspects of forensic evidence that can be admissible in court in criminal proceedings.
The right against forced self-incrimination, widely known as the Right to Silence also finds place in Criminal Procedure Code. Section .161 (2) of the Code of Criminal Procedure states that every person “is bound to answer truthfully all questions, put to him by a police officer, other than questions the answers to which, would have a tendency to expose that person to a criminal charge, penalty or forfeiture”.
In the case of Nandini Sathpathy vs P.L.Dani, it was held that no one can forcibly extract statements from the accused, who has the right to keep silent during the course of interrogation investigation. By the administration of these tests, forcible intrusion into one’s mind is being restored to, thereby nullifying the validity and legitimacy of the Right to Silence.
Experts are divided on whether the results of Narco Analysis are admissible as evidence in courts. Confessions made by a semi-conscious 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 assess its admissibility. The results of the test can be used to support other evidence.

Whether the Test is Reliable
The tests like narco analysis are not considered very reliable. Studies done by various medical associations in the US adhere to the view that truth serums do not induce truthful statements and subjects in such a condition of trance under the truth serum may give false or misleading answers.

amarendra (lawyer)     31 May 2008

thank u sir , the test can be resortd to at the investigation stage when there are no clue before the i.o. to solve a crime and the same has practically of no use at the time of trial.on the basis of discloser made by accused the investigating agency can collect material.

Guest (n/a)     03 June 2008

Narco analysis test is a test which is most often used by the Psychiatrist for elicitng the truth particularly in cases of Hysteria etc. In this particular test a sedative/hypnotic drug is given in such a dose which makes the person semi-conscious and at that level of unconscous his inhibitions are overtaken by the drug and thus in response to any question being put to him he replies to it truthfully. In the language of the police Officers it is also known as truth serum test. As far as consent of the person is concerned definitely the consent of the person who is exposed to this test is required to be taken. It depends upon him whether he agrees to undergo the test or not. If the person concerned denies to take the test than he cannot be forced to undergo the test and a negative inference is to be drawn against him. It is another investigative tool just like the Lie detector or polygraph test which is being used more and more now a days as an investigative tool. As far as the efvidentiary value of the test is concerned it does not have much evidentiary value. The report of the Narco test is not a substantive piece of evidence and can only be used for the purpose of corroboration.

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register