NARCO ANALYSIS: LISTENING TO THE TRUTH

 

By: Karuna Ajith Kini, 1st Year M.Sc Forensic Science, Kasturba Medical College, Mangalore

Introduction 

The term ‘narco-analysis’, coined by Horsley is derived from the Greek word nark meaning anesthesia. It is a diagnostic and psychotherapeutic technique that uses psychotropic drugs like barbiturates to induce a stupor in which the mental elements come to the surface that can later be used by the investigator. The Indian Evidence Act remains silent on narco analysis but critics argue that it goes against the fundamental right granted by the constitution to right against self-incrimination.

Testing:

In India, the narco-analysis test is done by a team comprising an anesthesiologist, a psychiatrist, a clinical/ forensic psychologist, an audio-videographer, and supporting nursing staff. The test is conducted by mixing 3 grams of Sodium Pentothal or Sodium Amytal or Seconal or Hyoscine (scopolamine) and dissolving it in 3000 ml of distilled water. The chemical substance is a barbiturate which lowers a subject’s inhibition by interfering with the nervous system at the molecular level, thus information being shared more freely. The subject which is put in this state of hypnotism is not in a position to speak up on his own but can answer specific but simple questions. The answers are believed to be spontaneous as a semi-conscious person is unable to manipulate the answers. The revelations made here are recorded both in video and audio forms. The expert report is what is used in the form of collecting evidence.

Legal Consideration and Criticism:

Narco analysis consists of statements made by a semi-conscious person who does not know the extent and effect of the statement they are making thus making it a tool to incriminate oneself. Article 20 (3) of the Indian Constitution which comprises the right against self-incrimination, makes the admissibility of the test results a slippery slope to justice. Such tests don’t have any legal validity as confessions are obtained in a semi-conscious state. But the court may grant admissibility considering the circumstances under which it was obtained.

Several experts argue that narco-analysis might not always give a 100% accurate result and can be abused by the police system as in the past. One dose of serum compatible with an individual may not be for the other thus making it easier for some suspects to give out false statements. Regulating the tests and abiding by the legal guidelines is very important and ethical in the field.

Case Study:

Narco-analysis test was famously used in the Nithari murder case, also known as 2006 Noida serial murder case. The accused, Surendra Koli and Mohinder Pandher were taken to Gandhinagar Directorate of Forensic Services for narco-analysis and brain mapping in 2009. The narco-analysis test revealed horrific details about 18 cases of rape and murder of young girls, adult woman and children. Koli under the influence seemed to have agreed to the commission of these crimes whereas Pandher was believed to have been keeping the heinous activities concealed. Both were then acquitted by the Allahabad High Court on October 2023 citing insufficient evidence.

REFERENCES:

https://www.legalserviceindia.com/article/l176-Narco-Analysis.html

https://byjus.com/free-ias-prep/narco-analysis/

https://www.rmlnlu.ac.in/webj/sonakshi_verma.pdf