NARCO ANALYSIS
Narcoanalysis Test. This test is done to have verbal elicitations from a suspect when brain mapping indicates that the subject has definite information about commission of crime. It is also known as truth serum test based on the concept that if a person is administered a drug which suppresses his reasoning power without affecting his memory& speech. He will speak the truth In this test persons imagination is suppressed/neutralized &reasoning faculty affected making him semiconscious . He is not in position to speak up on his own but can answer specific &simple questions . It becomes difficult for him to lie & his answers would be restricted to facts he is already aware of as he is unable to manipulate his answers being semiconscious.
Procedure for conducting Test. It is conducted by mixing 3gms of sodium pentothal or Sodium Amytal dissolved in 3000ml of distilled water depending on the persons age ,health ,& physical condition . This mixture is intravenously along with 10% of dextrose over a period of three hours. The rate is controlled to take accused to hypnotic trance &then interrogated by the investigating officer in the presence of team consisting of doctors including Physician ,anesthetist ,&psychologist. The revelations made during this stage are recorded both in video &audio cassettes . The report is prepared by the experts is used in the collection of evidence. This is conducted in Government hospital after a court order is passed order to the doctor or hospital authorities.
Pre Condition For Narcoanalysis Test Permission from the jurisdictional court is essential. Consent from the individual is mandatory. Medical fitness certificate by a physician is obtained prior to the test. A request has to be made by I.O through DCP concerned to AddL DG F.S.L Bangalore or Director State F.SL, Gandhinagar.
Legal Aspects of Narcoanalysis Test. It is only admissible in the court of law if it is supported by some recovery of weapon or case property. In 2006 judgment (Dinesh Dalmia Vstate) Madras High court held subjecting an accused to NA does not tantamount to testimony by compulsion .The court said about the accused “he may be taken to laboratory for such test against his will, but the revelations during such tests is quite voluntary”.
In 2004,the Bombay High court ruled in the multi crore rupee fake stamp paper case that subjecting an accused to certain test like NA does not violate the fundamental right against self incrimination ,Article 20(3) states no person accused of any offence shall be compelled to be a witness against himself ,statement made under Na test is not admissible in evidence but recoveries resulting from such druggedintervews are admissible as corroborative evidence. Bombay high court in verdict Ramchandra Reddy &others Vstate of Maharashtra upheld the legality of use ofP300 or brain mapping &Narcoanalysis test, the court also said evidence procured under the effect of NA test is also admissible Sec39crpc casts duty upon every person to furnish information regarding offences. Sec 53 Crpc provides scope for the efficient & scientific investigation ,which enables to collect evidence to prpve guilt or innocence of the person accused of committing the crime.