The Significance of Narcoanalysis Interrogation Test
Importance of Forensic Science in criminal justice system
THE SIGNIFICANCE OF NARCO-ANALYSIS INTERROGATION TEST (TRUTH SERUM TEST) IN CRIMINAL JUSTICE SYSTEM : AN ANALYTICAL & CRITICAL STUDY
Published in Research Reinforcement ISSN 2348-3857 (A Peer Reviewed International Refereed Journal)
Volume -8, Issue – 2
Introduction: –
The judiciary of India is one of the three pillars of the country. The judicial system of the country has a huge contribution in providing social, economic and political justice given in the Preamble of the Indian Constitution. Therefore, the judicial system of the country needs to be strong and influential, but if we analyse the judicial system today, can we say that the judicial system of the country is strong and influential? If influential and strong, then why criminality prevails today? It seems as if the country has been criminalized. “Thefts, robbery, dacoits, rape, child abuse etc.”[i] are increasing day by day. What is the reason that crimes are increasing day by day? In my view, the judicial system of the country is not going to be effective because if the judicial system of the country would be strong and influential, then the criminals could be afraid of committing the crime. While we see that the criminals are using scientific techniques in committing the crime day by day and easily commit the biggest crime. Sometimes they are so vicious even a clue related to the criminal is not found. In such a case, “the criminal investigation”[ii] goes on for a long time and the criminal roams the society without any fear. Many a times suspicious people get avoid punishment or the cases are not resolved due to lack of evidence, Due to this, a lot of cases get collected in the court. However, in criminal investigation, now the police are also using scientific techniques. “Forensic science”[iii] is playing an important role. Many of its technics like “fingerprint, ballistics, anthropology, Odontology”[iv] are contributing. But in India, traditional evidence is still given importance. Forensic evidence is not preferred. In the absence of traditional evidence, cases are not adjudicated quickly. Similarly, “Narco-analysis interrogation test (Truth serum test)”[v] is one of the techniques of forensic science can be used to extract the truth from the person. If this test is applied to a criminal in criminal investigation, then the truth can be extracted from it and any kind of statement can be obtained from the accused which can also become evidence against him and with the help of this technique criminal can be caught easily in this way, it is nothing less than a boon in criminal Justice System. It can contribute well in criminal investigation but it is involved in many controversies. Some even consider it against humanity. Some people see this as a violation of fundamental rights given by constitution. In this way, there are different views regarding its recognition. But there were many complex issues in which if this test was not used, they would never be solvent and thus this test has become a necessity for evaluating many complex issues. There are many assumptions about this in the judicial system itself. Due to which the full benefit of this technique could not be taken in Crime Investigation and Justice system, if the Narco-analysis Interrogation test is exempted from this kind of preconception, then crime investigation and justice will intensify so that the culprit will be punished very quickly and justice to the victim will get. Justice will be treated only when Victim gets justice at the right time. The faith of the people that has been eroded from the judicial system will be revived. Then the judiciary of the country will be considered as strong and strong in the true sense, which is one of the three pillars of the country.
Narco-analysis interrogation (Truth serum test):-
‘Narco-analysis is a chemo – physiological test administered to a crime suspect to extract truth when he is not willing to tell the truth and tell lies in normal interrogation. It is interrogation of a suspect, after giving him an injection, intravenously, of a suitable dose of a psycho active (hypnotic) drug – a most of the time. The drug is usually sodium pentothal in the form of 0.01% solution in pure water. The dose is usually 0.25 to 0.50 gram. The injection is administered under controlled condition to reduce or eliminate the reasoning power of the subject without affecting his memory. The narcotic affects adversely that part of the brain of the subject which discriminates between what is good or bad for him; according to his own values and thinking. In short the drug suppresses his thinking and reasoning powers. Then he answers from memory without any effort to appraise.[vi]
Legal & Constitutional Perspective of Narco-analysis interrogation test:-
‘Narco-analysis interrogation test is involved in many types of legal quarrels. Following are the main issues which are discussed in Indian courts also. First, the decision given by the Supreme Court regarding the Narco-analysis test is a major issue in the case of Mst. selvi v. state of Karnataka. Second, Article 20 (3) of the Constitution deals with whether the Narco-analysis test violates it. The Narco-analysis test is believed to be related to the treatment of the subject’s third degree. It is largely concerned with the supremacy of the right of the public or the offender. This test also encroaches on the subject’s right to privacy. The narc analysis test thus remains a controversial issue whether it should be accepted or witnessed in the courts. Article 20(3) of the Indian Constitution has the statement: “No person accused of an offence can be compelled to be a witness against himself.’[vii]
Prominent structures of Narco-analysis Test:-
‘According to the Supreme Court, before taking Narco-analysis test it is necessary to take care of the following things: -The Narco-analysis test can be done only with the consent of the subject; otherwise the person cannot be forced to have the test done involuntarily. Material and other evidence obtained from the Narco-analysis test can be used under Section 27 of the Indian Evidence Act. Material obtained from the Narco-analysis is cannot be used as direct evidence unless supported by other evidence. The court may not allow third degree method involuntarily. Persons forced in any way the denial of rights against itself cannot be justified. Parliament makes the test acceptable in cases of public interest, if it so desires. Area can to make laws. In this way, the Narco-analysis inquiry cannot be allowed by the police.’[viii]
Significance of Narco-analysis interrogation test in criminal investigation:-
Narco-analysis is an inquiry method used to derive real and real information from a subject, while the subject may not provide accurate information under a general hearing. There are many causes why he may not tell the fact in order to escape his accusation. He may worry about badly touching the party. There may be a nervy interruption of remembrances of extremist occurrences. Sensitive trauma caused the brain to blank. In this case, the help of methodological psychology is important. This can be hypnosis, anaesthesia, or some other technique. Different techniques have their advantages and disadvantages. “Narco-analysis is used in many criminal cases including spices, terrorists, revolutionaries, religious and ethnic extremists, psychopaths and schizophrenic criminals, frauds and cybercriminals.”[ix] Under satisfactory circumstances, Narco-analysis test can help researchers in discovering answers to the following questions. Is the goal a crime? What is a criminal puzzle? Is he a supporter of the criminal unit? Is a well-wisher? Or is he concerned with an inoffensive individual? Is he a sequential criminal? Where and when did he sin? What is the chronological order of serial crime? Who is suffering? What is their role in this event? What hidden clues did he take or leave at the crime spot? How did he sift the body? Who was his companion? What is his object for the crime? Is it a mental illness?
In a nutshell, under favourable circumstances, Narco-analysis can actually make the offender guilty. Furthermore, investigators can obtain all intelligence about crimes that cannot be obtained through a general hearing.
Achievement stories
Bombay Serial Blast, 1993
‘Abu Salem masterminded the Mumbai Serial Blasts. He was part of the gang of Don Dawood Ibrahim in 1993. He carried out murders, extortions and kidnappings on large scale and is wanted in such cases. He has amassed property worth hundreds of crores of rupees. After his separation from Dawood he had to run away from India and Dubai. Interpol arrested him and his wife, Monica Bedi, in Lisbon in 2002. Both were extradited to India in 2005 under certain conditions. He was convicted for Mumbai serial blast and his Lodged in high security Arther jail. Narco analysis interrogation was used to find details of the 1993 blast and other cases at the state fsl Bengaluru by a team of Specialists, consisting of a medical doctor, an atheist and a forensic Psychologist a lot of useful information could be elicited from him.’[x]
Stamp paper scam
‘Abdul Karim Telgi masterminded the commission of the greatest forgery of our times, money- wise and area of operation wise, in famous as a stamp paper scam. He was subjected to Narco-analysis interrogation in December, 2003 in state fsl Bengaluru. Telgi provided a lot of information about his modus operandi, his Associates and his sale network of fake stamps over various parts of the country which helped to unravel the modus operandi and the personalities involved. He accomplished the most profitable forgery, guzzling more than thirty thousand crores of Rupees and Ensnaring hundreds of persons to be involved in the Magnum forgery.’[xi]
Nithari serial murders
‘In 2005-2006, serial murders took place in nithari village near Noida, UP, in the house of Moninder Singh Pandher a transporter. Bodies or parts thereof of sixteen girls were recovered from a nearby drain. He and his servant, Surendra Koli both were accused, tried, convicted and sentenced to death, relating to four victims, by the trial judge in on 13 February, 2009. The judge dubbed it as the ‘rarest of the rare cases’.Koli has been sentenced to death in three more cases. Trials in the remaining cases of the serial murders against the two accused are still going on. During investigation of the serial murders, the two accused were subjected to Narco-analysis interrogation successfully in the state fsl, at Gandhinagar. The interrogation gave Useful information. The result of the test indicated that Koli had done the killings by strangulating the victims. It was also revealed that after killing he would rape the victims, dismember them in his bathroom and then throw them in the drain. He could give the names of most of the victims under the influence of the drug. According to koli, Pandher, however, found that he was a Womanizer and depressed person.’[xii]
Shortcomings of Narco-analysis interrogation test in criminal investigation
Although the effects of drugs on the human brain are sometimes known, very little research has been done on the process. Inquiries about their flaws and errors, real or fictional Narco-analysis, including: There is no hard evidence to prove that the sleep is actual or false. There is no guarantee that he simply accepts the investigator’s instructions on the matter and tells him or her has been said or advised. There is no guarantee that the matter will be merged into truth or falsehood. This issue may link the current event to another event. This matter gives rise to an extraordinary phenomenon of existence that is fixed in the minds of the gods and believes that there is no way to determine whether they are really in the normal state of the mind. Such incidents may occur from the investigation. There is no arithmetical source for the authority of the test. Narco-analysis is not normally accepted. Brainwashing can lead to Q&A through some fraud, confusion, etc. Subject can suffer from dementia and provide details of self-construction. Obstacle intervention can often be said: ‘You did it’ He remembers the quote talking to Narco-analysis and admits: ‘I did it’, although it didn’t happen. Suspected Narco-analysis suffers from a so-called confirmation pattern. Specialist researchers provide them with what they want. However, this is not the case. The results of the Bangalore Lab showed that in about 25% of the cases the results were not as expected by the researchers. The matter was not convicted as a crime, for which he was charged with interrogating Narco-analysis.
Results: –
Narco-analysis is a technique that changes the psychological state of the subject to avoid lying. The preparations before conducting Narco-analysis test are as follows: There is need to obtain the judge’s approval. According to Article 20(3) of the Constitution and the Supreme Court’s request the need is to record the subject’s consent without forcing the subject to undergo an examination. The suitability of the test object is checked by a general practitioner and gives a certificate. Narco-analysis is based on specific assumptions. The general assumptions about drug analysis are: a hypnotic or other pharmacological synthesis in the body that is subject to reasonable or actual repression. The subject cannot confuse the reality of the event with its imagination, fantasy or other similar events. He does not justify his subconscious events through media releases, or that he is not affected by a copy of his relatives and loved ones that he is not subject to affirmation pattern. He has high-pitched and lasting memories and can recall events under the influence of drugs. If he doesn’t use drugs, he lies to defend himself. The dose of hypnotics was enough to maintain his thinking power and the effect of the medicine was always on the whole interrogation system. The investigator must complete the investigation at this short distance. The examiner asked the appropriate expert the correct and non-recommended questions which may reveal the correct information which is not based on his instructions. There is some instruction for application of Narco-analysis test in criminal investigation. Narco-analysis test can only be done with the consensus of the subject; then, the person cannot be easily strained to take the test. Other materials and evidence obtained from the Narco-analysis test may be used under Section 27 of the Indian Evidence Act. Materials derived from other evidence-assisted Narco-analysis test cannot be used as direct evidence. Courts cannot inadvertently allow third-degree proceedings. Those who infringe on their rights in any way cannot be justified. Parliament accepts this test for the benefit of the people, if it so desires. The field can make laws. As a result, the police cannot investigate the case.
Discussions:
The assumptions about Narco-analysis test do not certainly apply in all cases. Where they resist well, the analysis produces effective results, but if they flop, the consequences are not only unusable, but sometimes even injurious. They confuse the investigation. The hypothesis is that hypnotic reasoning or other drugs made in the body suppress the energy in such a way that its response from memory continues without any attempt at evaluation. It does rational or real repression. But this is not always in the case. The humanoid body differs from individual to individual. The dose given to a person may or may not destroy one’s thinking and other abilities. The failure of one or more hypotheses at a given moment has given rise to an on-going debate:
- Is Narco-analysis scientific?
- What are the results based on the well-known, appraised and accepted results of the scientific world in question?
- Have senior scientists tested tools and techniques?
- Do you know the extent of the fault?
- And have they been occupied into deliberation?
- Is it another type of method or third degree torture?
- Should its consequences be used as evidence in court?
- Or they should only be used in the investigation procedure. Does it Violate Article 20(3)?
These debates have had a detrimental effect on the use of Narco-analysis in the struggle against crime. It is factual that there are gaps in the Narco-analysis. However, with additional inputs in the form of research, these can be oppressed and an unstable functional state can be achieved.Narco-analysis is like a science, science is defined as structured knowledge on any subject. This often jumps with an impression called suppositions. This supposition is then verified by reviewing research or usual phenomena. Be noted. When close empirical observations of natural phenomena coincide with imagination, they are called conjecture theories. This theory is further reconnoitered by scientific group. While most of them consider the theory to be reliable, this theory is generally called law or principle after overall adoption. Whether Narco-analysis interrogation test can be called science we relate the same standard in the Narco-analysis survey. Considering all who are familiar with the scientific process, he does not refuse that Narco-analysis interrogation is a science. Seeing the prominent features of test, only the police support Narco-analysis test is not allowed. Unfortunately, where it is most needed for a serious-minded crime, the police are denied of scientific profits and criminals are involved who have consistently refused to accept the test. It is also unfortunate that the state government has not informed the court and that the method of involuntary Narco-analysis is not unconstitutional for the following reasons: Nalco analysis interrogation is performed by a forensic psychologist who reveals the memory secreted in the folds of the mind. The information provided may clarify this point. Psychologists don’t know if it’s worth it. They only record audio and video movies. This is evident only when investigators consider the situation to evaluate the case. The content may be descriptive or suggestive. Blood of the doubtful is collected daily to identify murderers, rapists and other sex offenders, to identify controversial parents and children, and to identify other serious or misdemeanour offenses. No court has announced such blood sampling unconstitutional. He always ordered blood samples. During Narco-analysis, the anaesthesiologist uses a syringe for injection of hypnotic medication which is also used for treatment. There is no need to set standards for the spread of justice. If the needle is used in one case, it may not be unconstitutional in another case. Somewhat he always ordered blood samples. During Narco-analysis, the anesthesiologist uses a syringe for injection of hypnotic medication which is also used for cure. There is no need to set standards for the spread of justice. If the needle is used in one case, it may not be unconstitutional in another case. The drug does not cause pain during the interrogation analysis. Instead the subject is freed from the pain or anxiety from which the subject suffers. Without any idea, anyone can equate Narco-analysis interrogation with tertiary methods. The test brings out the information from the hidden layer of mind of subject like other methods fingerprints, tool marks etc. The suitability and admissibility of evidence by the court depends on the quality of the evidence, the proper processing and presentation. A short survey on anaesthesia analysis does not contradict Section 20 (3) of the constitution. Whose interest (Government, Legislature and Judiciary) defence millions public or criminals? This question cannot have two opinions or answers. The rights of the people are universal. Science has recently made unimaginable advances. The perpetrator uses science to continue his shameful activities. Law enforcement officers cannot take advantage of modern science. Results: Criminals flee crime; it encourages not only him, but also others with criminal tendencies. Most criminals who commit heinous crimes are released because: Misunderstandings about law and justice, wrong government priorities and different branches of the criminal justice system. The government does not create adequate scientific institutions, including scientific staff. Plaintiffs (and courts) give lawyers free rein for a variety of reasons. The judges are bound by the old order. “Let me test the myth of scientific evidence once and for all,” the judge said a few years ago. Others have been expanding different things for different reasons over the years. The public interest must be universal.
When the victim’s privacy is compromised, it destroys the victim’s home life; nothing is lost. Similarly, no harm is possible if the offender has any discomfort. If the public interest as a whole is given priority, then the matter must bear such a burden.
Conclusion:-
After analysis of all above data it is concluded that Narco-analysis interrogation is a scientific systematic method. This is not the second incarnation of the third degree method. The drugs used are hypotonic. It does not involve emotional or physical abuse. Its concealment relieves the subject from pain and anxiety until its effects last. Searches only take a few minutes at a time. This has proven its effectiveness in many cases. There is no attack on the confidentiality of the matter as the examiner asks questions about the crime in question and does not chase the wild duck. There are some oddities that scientists are experiencing and overcoming over time. It does not violate the article20 (3) of constitution. If all the previous assumptions related to the Narco-analysis Interrogation are removed, the shortcomings that come up in the Narco-analysis should be completely removed, for this more and more research should be done and more and more specialists are provided. In this, more and more awareness should be brought about this test, the police, lawyers, judges and people should have full knowledge of the Narco-analysis test, so that false confusion can be avoided. If the police get complete freedom to apply the Narco-analysis test in criminal investigation, then the full benefit of Narco-analysis can be found in criminal investigation. In this way, when the culprits will get punishments and justice to the Victim very soon, The faith of the people that has been eroded from the judicial system will be revived. The Judiciary which is one of the three pillars of the country will be able to do its utmost to provide economic, social and political justice and to fulfil the objectives of its constitution and thus the country will get an effective and strong judiciary which is required of the country today.
[i] Crimes are available on website https://bprd.nic.inRetrieved on April 4, 2021
[ii] The Code of Criminal Procedure, 1973, Section 2(n)
[iii] Nabar B.S. (2018), ‘Forensic Science in Crime Investigation’Asia Law House
[iv] Chatterjee, Dr. Ishita (2015), Law of Forensic Science, Central Law Publications.
[v] Nabar B.S. (2018), ‘Forensic Science in Crime Investigation’Asia Law House
[vi] Math Suresh Bada, “Supreme Court judgment on polygraph, narco-analysis & brain-mapping: A boon or a bane”Indian Medical Research Journal, July 2011available on https://www.ncbi.nlm.nih.gov/pmc/article Retrieved on April 1, 2021
[vii] Sharma, B. R. (2014), Forensic Science in Criminal Investigation & Trials, Universal Law Publishing Co.
[viii] Ibid
[ix] Ibid
[x] Ibid
[xi] Ibid
[xii] Ibid