Paes teats CONANT) S psoas Under the Supervision of: - aL ad Shaziya Khatoon OS ae cg Enrollment No.21049101007 See Bc era a} Session: 2021-2023 Lee U ia aa Aa LEY eyNARCO-ANALYSIS AND ITS RELEVANCY UNDER ARTICLE 23(3) OF THE INDIAN CONSTITUTION: A CRITICAL STUDY A DISSERTATION SUBMITTED IN PARTIAL FULFILMENT OF THE REQUIREMENT FOR THE DEGREE OF MASTER OF LAW (CRIMINAL) IN SCHOOL OF LAWS & LEGAL SCIENCE K-K. UNIVERSITY BERAUNTI, NALANDA 2023 Under the Supervision of: Submitted by Shaziya Khatoon Enrolment no 21040101007 Assit. Professor Session : 2021-23 School of Law & Legal Science, K.K. University, NalandaDECLARATION It is hereby afformed that this Dissertation Titled " NARCO-ANALYSIS AND ITS RELEVANCY UNDER ARTICLE 23(3) OF THE INDIAN CONSTITUTION: A CRITICAL STUDY" Prepared by Mrs. Shaziya Khatoon, Roll No 20140101007 Reg. No...........esseceeseeeseeee submitted of the ment for the final degree of LLM 2023, K.K. University Nalanda. The work is of original nature and the conclusion is based on the data collected by me. To the best of my knowledge this work has not been submitted previously, for the awards of any degree or diploma, to this or any other. Signature School of Law & Legal Science K.K. University, NalandaACKNOWLEDGE On thie occasion of the submission of the work, I express my deep sense of gratitude to the ‘ulmighty" that is one, and only guiding force of the whole world and without whose blessings this work could not have completed. This dissertation is a milestone in the academic career. { have been fortunate to learn theones and concept which would have been possible if I had not extensively carried out the needed research. | am grateful to a number of people who have guided and supported me throughout the research process and provided assistance for my assignment ‘First and foremost I am hugely indebted to Mr. [Link] Per seasaet , Aste Professor, University Department of Law who undertook to be supervisor for this dissertation despite fis other profession and academic commitments his continuous encourage support and valuable suggestion have been the key to the accomplishment of this task fits untiring and inspiring supervision, critical assessment and valuable suggestions during the preparation of this Gissertation mine have been of immense help. ‘The work. is an outcome of an unparalleled infrastructural support that I have received from KK, ‘University, Nalanda in helping me to prepare the manuscript of this project and giving me the confidence to pen down my ideas. School of Law eL Legal Science. K,K, University, Nalanda for his guidance and affectionate co-operation which enable me to bring this [Link] its present form. Further I'm also very grateful to Mr. Sumant Kumar, Librarian, School of Caw L Legal Science, ‘K,K, University, Nalanda for helping me patiently in finding out the text materials. T would also like to thanks my instructor and my teachers who throughout my educational career have supported and encourage me to believe in my abilities. They have directed througli various situation allowing me to reach this accomplishment Lastly I would like to take this opportunity to thanks my parents, friends and well Wishers without whom this work, could not have completed. / Dageiper Kholer « SignatureSCHOOL OF LAW & LEGAL SCIENCE K.K. UNIVERSITY, NALANDA CERTIFICATE OF SUPERVISOR This is to certify that Mrs. SHAZIYA KHATOON a study of L.L.M. Enrolment No.: 21040101007, Roll No.: School of Law and Legal Science, K.K. University, Nalanda has written this dissertation. Titled “NARCO-ANALYSIS AND ITS RELEVANCY UNDER ARTICLE 23(3) OF THE INDIAN CONSTITUTION: A CRITICAL STUDY”, under my supervision. It is a piece of research work relating to and important aspect of Criminal Law. . Professor School of Law & Legal Science K.K. UNIVERSITY, NALANDATO WHOM IT MAY CONCERN The Dissertation submitted by Mrs. Shaziya Khatoon in the School of Law & Legal Science K.K. University, Nalanda under the title “NARCO- ANALYSIS AND ITS RELEVANCY UNDER ARTICLE 23(3) OF THE INDIAN CONSTITUTION: A CRITICAL STUDY” This research work carried out by her. This Dissertation fulfills all the norms approved by the K.K. University under “LL.M. Regulation.” H.O.D, School of Law & Legal Science K.K. University, NalandaBIBLIOGRAPHY ae1. Ahmad, M.B., Historical Research |p ical Research Ing, titute, Rep, rin ted Jk P. 133-147.(1968, is ) arma Allahabad 1 2. Ahuja, Ram, Violence agains w, ‘omen, Rawat py — AWwat Publications, Jaipur, (1998 + Police Reforms j POPMS in India, Disco P overy Publishing House, S louse, New Delhi, (2006). Andrew Asworth, “p, rinciples of Cri Criming e tinal Law , Oxford University Press: London, (1999 . Ashworth And Andrew, Crimi wee + Criminal Process: An f An Evolution Study, Oxford University Press. New York Bajaj, Pramila., “ “Drugs fn Clini rugs in Clinical anesthesia”, (Edition-1" (2003). Bakshi, PM. “The Ci . P.M. “The Constit ia, Se tstitution of India, Selective Comments”, Delhi Universal law. (2007) Bakshi, P.M., "Problems i , P.M., lem: i on" Dan ISoe 1s in Criminal Justice Administration", Deep and Deep Publication. New Baxi, Upendra, The Crisis of Indian Legal System, B.R. Publishing House, New Delhi, (1981) ). Berriedale Keith A., “The Age of the Rigveda”, in R. Rapson (ed.}, The Cambridge History « India,vol.1, Stanford Printing Press, London. Bhardwaj H.R. “Crime, Criminal Justice and Human Rights", Konark Publishing House, New Delhi. Bharti, Dalbir., “The Constitution and Criminal Justice Administration”, A... Publishsing tion, New Delhi, (2002). Corpora’ dof Secondary Education (CBSE) Unit. Il, “Historical Evolution of The Indian | Boar ,. Central ” (2015). Legal System lice in Criminal Justice Administration”, BR Publishing ” Mittal Publication, Delhi, (1975).obra Kinpal Singh, “Quantum of Punishment ty Criminal Indl ” nal Law in India”, Publication chh Chandigarh, (1970). urea Paab University 4. J.C, “The Indian Police”, Faber and Faber Lid, New Delhi, (195 std, (1952) 7, cure pphagamwar Vasudha, “Law Power and Justice”, Sage Publication, New Delhi, (1992, ion, i, (1992), pias, SM. “Police and Correction; Probl ‘ 19 it (1997. ‘oblem and Perspectives”, Deep and Deep Publication, sa Shiv Kumar, “Criminal Justice Administration in India”, Deep and Deep Publications. 20, Doe New Delhi, (2009). 2 gaji De Bae 7 31, Doongaji Damayanti, “Law of Crime and Punishment in Ancient Hindu Society”, Ajanta Book international, Delhi, (1986). 22, Dubey. Harihar Prashad, “The Judicial System of India", N.M. Trupathi Pvt. Ltd, Bombay, riminal Judicial System and Soctal Defence”, APH Publishing House, New 23. Gaur, KD. Delhi, (1998). Gerald, Posner., “Why America slept: The failure to prevent 9/11", Random House, (2003). Ghosh, S.K., “Police Interment, Light and Life Publishers, New Delhi, (1981)- lew Delhi: 26. Granville Austin, “Working a Democratic Constitution: The Indian Experience DON Oxford Publication, (1999). “Protegomenon to the principle of punishment” in punishment and ", Oxford Clarendon Press, (1968). 5, (2008). 27, Hart, HELA. responsibilit Jain, M.P., “Indian Constitutional law”, Ed. 29, Jois, Justice Rama, “Seeds of Modern Public Laws in Ancient India Jurisprudence", (Ed. 2") Lucknow (2000). Eastern Book Company, 40. Jois, M. Rama, “Legal and Constitutional History of India”, Kanishka Publishers, New Delhi, (1988), 1d Deep Publication, New Delhi, 31, Justice tyer, V-R Keishna, “sustice at Crossroads", Deep ani 95S 4 = 4 s 5 3 4 46. 3, katte PV» s, Khanna HLR., “Judiciary in Padi ang Judicial Process’: » Mathews M.D. J., “Narco Analysis for criminal Investigation,” = (1902). “History of Dharmasastra *, Vo Dy al, Nay Publishers, Dethi, (1930) Gurkirt, “Criminal Justice Sy Kaur “SCH. Shree Publish rs nd Distributors, New ors, New Dethi, (2006). ‘The Legal History of tngig » Kaul af . ‘ ~ Jaminadas and ¢ ‘Ompany, Bombay, (198.4) Delhi, (1985). Deep and Deep Publication, New Khosla, J.D. “Our Judicial System yp ‘ith Consti la” . Allahabad, (1992), 1 Constitution of India » The University Book Agency Kulshrestha, V.D., “Landmarks. 5 Publication, New Delhi, (199g), "lan Legal and Convituional History” Arihant Kumar Naresh, “Constitutional of Prisoners”, Mittal Publication, Dethi, (1985), Lal, Ratan Lal Dhiraj, “Law of Evidence", Ed, 23, Lexis nexis (2009). MacDonald, J.M, “Narcoanalysis and ‘Criminal Law”, ( 1954), Mahajan Amarjit, “Indian Policemen”, Deep and Deep Publication, New Delhi, (1982), Majumdar, R.C., “The history and Culture of the Indian People: The Mughal Empir"e, Volt. VII, Bombay: Bhartiya Vidya Bhavan, (1974), in RBH Gratwohl, Legal Medicine, St. Luis, (1957). Mathur, K.M., “Administration of Police Training in India”. Gian Publishing House, Dedhi. (1987), of the European Court McBride Jeremy. “Funan Rights and Criminal Procedure: A case law of Human Rights”, Council of Europe Publishing, (2009). See also, httpv/[Link] inva! dgi/hrnatimplement/Source/documentation/Echr_and_crim_procedure.paf, Perspectives from India & . Renu, “The Police, State & Society Mehra, Ajay Kr. & Levy, a 96CHAPTER I INTRODUCTIONAnd crime solving techniques especially following a crime of violence. now on drawing board or in the experimental phase hold good...."” advancement A criminal justice system which is well acquainted with the technological of the world is the need of the hour, These technologies can be used in the prevention of crime and bring the criminals in the arena of law. At the same time the technology should not lead towards violation of rights of citizens, In this era of globalization civil society organization has been given equal importance in any society which has to be analyzed in all the parameter of humanity and human rights. Investigation being important part of inal justice system needs some reformations but these reformations should not be cri ased on violation of any rights. Evidentiary clues are always available at the site of every crime.” The science has progressed as much that it can identify, compare and fink even tiniest connecting clue found, The Correct identification of culprits, victims and mutilated, putrefied corpses has always been a legal, social and emotional problem before police and courts.'! the publ In Indian scenario as far as investigation is concerned Code of Criminal Procedure, 1973 and Indian Evidence Act 1872 are the parent procedural laws which govern criminal trials. Criminal procedure Code prescribes the procedure from the point of taking cognizance of crime by appropriate judicial Magistrates till the delivery of final order of Conviction or acquittal and Indian Evidence Act is limited in its scope of leading evidences in civil or criminal cases either by the prosecution or defendant, applicant or ° Allan Darshowitz, Chicago sun Times, 12 Aug. 1987 !° Prof. Edward Locard,(1877-1966, France) over two centuries ago, given observation that in every case of crime or for that matter in any type of interaction between people or between animate or inanimate objects there will be some form of exchange of materials between the two, even if in traces. This is known as “Jocard principle of exchange’. It is not possible that the criminal has not left the clues at the crime site. The clue may be on the corpus delicti or may be from modus operandi. The clue may be insignificant, invisible, left there unmindfully or scanty. Gathering bits and pieces of clues from the scene of crime or from the victim or from the accused and proper analysis thereof world clearly identify the criminal and crime diatime problem may be tackled. "I Justice [Link], Report on criminal law amendment”, Jan. 2013. Also see, http. /Aimesofindi [Link]/realtime/justice_js_verma_committee_report.pdf, Visited on 12/07/2015 6© 8 tough task with the traditional methods of investigation.” Thi the criminals bee includes traditional evidences against accused statement of approvers. Eye witness has now become a rare species, the renson being due Such as eye witnesses, confessions and to the technological development modus operandi of committing crime has changed and now crimes are now committed in a well planned manner. Even if the eye witne: Ise Of the fear of criminal available he changes his version of statement day by day be elements or corruption. Therefore the Investigation became most fascinating act among the criminal justice system of any country in which whole justice delivery systems based nvestigating agencies for the collection of It is the process which utilized by the evidence. The evidence which is used for the purpose of disclosing, the story behind a crime and to declare a person accused or innocent. It is a process on which the conviction of an accused totally depends, It means the action of investigation does not mere searching something or someone or a formal or systematic examination or research with traditional concept. It means all the systematic techniques which are advanced and effective one for the collection of evidence by the investigating agencies. The result would be to remove the shortcomings of the criminal justice system and to make crime free society. The criminal feels some deterrence before committing any crime. This had been reflected from the statement of Allan Darshowitz: “The days of the ‘perfect crime’ are numbered. New Technological breakthrough in crime detection may soon render current police method obsolete. A careful criminal cover up obvious clues by wiping away his Singerprints or wearing shoes that make no distinctive marks, But nearly everyone leaves a small perhaps microscopic-part of themselves behind, “Anthony A, Braga, Edward A. Flynn, George L. Kelling and Christine M. Cole, “Moving the Work of Criminal Investigators Towards Crime Control”, New Perspectives in Policing, National Institute of Justice, Harvard KennedySchool, March 2011, See also, ni/executivesessions/[Link] hup:/www, * Pradeep singh, “DNA, Fingerprinting and Criminal Just [Link], See also, hitpy [Link], in/lawfaculty/b1j2006-072008-09BLJ_2007/6_ Pradeep [Link]. Visited on, 02/04/2013INTRODUCTION Narco-analysis, a technique that gained prominence in the field of criminal investigation involves the administration of drugs to a suspect to induce a trance-like state, facilitating the extraction of information. This method aims to lower inhibitions and induce a state where individuals are more likely to reveal truthful information, Relevance under Article 23(3) of the Indian Constitution: Article 23(3) of the Indian Constitution prohibits the use of ‘third-degree’ methods during the interrogation of an accused, Narco-analysis, however, presents a unique approach to interrogation that raises questions regarding its compatibility with the constitutional mandate, is, & controversial interrogation technique involving the administration of Narco-anal drugs to elicit information from suspects, has sparked significant legal and ethical debates within the Indian judicial system. Its relevance under Article 23(3) of the Indian Constitution, which prohibits the use of ‘third-degree’ methods during interrogation, poses fundamental questions regarding individual rights and the pursuit of justice. Narco-analysis entails inducing a trance-like state in subjects through the use of psychoactive substances, such as sodium pentothal or sodium amytal, with the aim of accessing subconscious memories and eliciting truthful responses. While proponents argue its effectiveness in uncovering concealed information, critics raise concerns about potential violations of constitutional rights, including the right against self-incrimination and protection from torture. Against this backdrop, this study aims to explore the legal framework surrounding narco- ity with Article 23(3) of the Constitution. By analysis in India, examining its compatibi delving into judicial precedents, ethical considerations, and practical implications, this study seeks to shed light on the complex intersection of investigative methods and constitutional principles, offering insights into the evolving landscape of criminal justice in India. Criminal activities are not new for any society, History witnessed that the moment, human life on this earth started, certain norms were structured and defined behavior was settled. This has been done to trace the thing which is in the interest of human beingdeterrent effect of law was being lost. The common people started to jose the faith and trust on the criminal justice system. On the other hand the literney rate and awarene about the rights among the common people is inereased. The Human Right Organizations, Non-Governmental Organization, media are playing key roles in the places where there was no law. These organizations made common people more security conscious, which has resulted either in surrendering to criminal elements of ignoring norms for their security or revenge which created another problem of criminality. This changing behavior of society compelled the criminal justice system to determine and focus on the rights of the person who may be found guilty in commission of any offence. sets penalties, and analyzes the way of enforcement. It compels the responsible agencies to watch the rights and duties while dealing with common people. It declares what act is criminal and procedure to determine the punishment for such an act. To @ greater extent, it is concemed with the definitions of the various crimes, which act amounts to a portant these all has to be done with certain specific particular offence and most Procedure based on the principles of criminal justice system and constitutional safeguards. The procedure based on constitutional safeguard is sine qua non for the fair ice trial and for doing complete justice.° The step of this procedure under any criminal j system starts with the investigation. It is directly connected with the establishment of healthy criminal justice system which is need for the development of present society but looking towards the statistics of crime, rate of conviction and delivery of justice one can easily assume the condition of criminal justice system of the country. In the express terms of a famous jurist it is revealed that our criminal justice system is ruining. In the contemporary society the changing pattern of crime and huge use of recent developing technologies by the criminals leads another big problem to the investigating agenc Now the concept of traditional crime has not as much grievous as new one and eve ¢ have been committed by the criminals with the new pattern and traci traditional cr * Sotheara, Yoeurang, “Right to fair and effective investigation in pre-trial: A comparative study of India and combodian Criminal Justice system, 2014, pp. 1-5. © Riya Jain, “Art.2! of the Constitution of India: Right to life and personal liberty”, Lawctopus law journal Academike, Nov. 2015y CHAPTER Iv pROVISIONS RELATED 70 THE INVESTIGATION AND NARCO ANALYSIS TESTaeerved that on Y ae les hibited than they gre Coo able 10 Say Volumariy ic ° h = * * x ~S an interrogation technique iny, oe ene,» police officer fsa: “Ving your _ the privacy of his Own ming ce od aaa es, m per or mental nature, more suby MY View *0 whet 2 moral wh mene ion administered by force a. Fisihie th een a pet MEN hong ejection administered by forge, 8" vi * form 9p cw nd there are Many forensic scigncs’ anes tt ty ene edi P e re to res ee SB ecase oF COMPIER criminal justice iyment SN Hovey 0 Nes \ i tab, 4 ine oot Police (RCMP) Forensic Laboratory Pa irctiade tent inc wots ‘ 3 Tat en de Cpe ig ase 0H) Ontario, and sorne private ye SE (FL) an Pre © the Reyes al mea nalysis Test in In gnareo-An | investigations in recent times a atte in India a8 well, such as p00, fg “ansal Dee Ot Siemon se ealestion Of evidence and extracting truth ror, ON Plager et ‘ton rie ak is relatively new in the field of investigation retina jatee van omar ince Tong. Barbiturates, which have hoon eM India tae a pr : ine df warns Fo pe wed in peyehotherapy for narco analysis hy 1039, k® % Meoning o e n Pea eg Oe ge was hated inthe field of psychiatry ag compared st, Mt Other methods of aan a 5 0 other psye Iping the patient overcome reh ‘hotherapeutie ree time by hel hictar a sede st os experiences. BY means of narco analysis it was Possible er freely about their inner mone eeline> patents whose previous state was apathy, inacce achieve a state of 9 Z : again at the service of law from the lie detector x i re eetwrrslafer 5/11." inthe te coment the ecnelone as eee aay the forensic science laboratories. It was first Used in a person associated with the very —o ‘of Bandit Virappan from Karnataka. During this period NO one even investigating agencies having. BS jdea about the test and no any sontroversy came out. The turning point came in 2002, when three after the Godhara Camage in Gujarat and subsequert massacre of ‘Muslims, seven persons ewsed of burning of train brought to the laboratory for conducting Narco analysis Test in the hospital, During the course of investigation of fake stamp case atleast five accused 33. eine, nde Analysis”, (1942) British Medical Journal pp.230, ‘lasidet in 11 Sept. 2001 when twin tower of world trade centre in Newyork city was being attacked by the ‘erorist and destroyed. 59— aon in the criminal justice system and relation between on aod crim ae 2 stem. It also provides the concept and different stages of e criminal justic an ee tis as © system, Subsequently it discusses the different laws o te investix: recommendations of various committces constituted by pote ectine framework. ee poco of Criminal Justice System af men were angels, no government would be necessary” James Edison” day of every state to protect rights and liberties of the people. For this it has to pat = * she accused and protect innocent. Like any civilized society governed by rule of law the er sy has established a criminal justice system for the protection of people from ee an a: basically includes the functionality of Police, Prosecution, jotges 008 prisoner authorities. © India also has an established criminal justice system which perishes the criminals and protects the innocent. The present system of India is not a sudden creation rather it has evolved as the result of slow and gradual civilization process came with ‘ae changes and development in the different period of Indian history. In each dynasty they seve adopted some system which more or less become part of criminal justice system. The cqson is 25 James Edison has mentioned that if men were angels, no law, court or correction tome would be necessary even then skeptics might refer to the quarrels among different god particularly in the context of goddess. '! Therefore if the god has faced some problems human teig is not an exception. To save from all such circumstances of brute and to prevent from degeneration of society into a state of tooth and claw we need a criminal justice system, 2 system punishing the deviations and lapses done from the code of conduct and standard of sctavior which 2 community recognized for betterment of a civil society and it was changed Thumm R Casta, “If men were angels” The Federalist, James Madison, Clinton Rossiter Ed. 1961) Texas Tech Usvmtity, The Harvard Journal of Law & Public Policy, Vol. 35 p.p.663. “ni Raghawan on “World factbook of criminal Justice systems India prepared under Bureau of justice Statistics” rat No WBS-CX-0002, State University, Newyork, Albany. ‘5D, Sharma, “Administration of justice”, New Delhi, Harman publishing house, 1988 p. 170 31CHAPTER I HISTORICAL BACKGROUND OF CRIMINAL JUSTICE SYSTEM IN INDIAstiminal justice system and role of different Indian High Courts and Supreme with regard to Narco Analysis Tests in India (4) To examine the approaches of various committees on criminal justice system constituted by different Indian governments on criminal justice system like Malimath Committee and recommendation of National Human Rights Commission regarding Narco Analysis test Hypothe: research, The following hypothesis was examined for the purpose of this © Narco Analysis Test is the infringement of fundamental rights against Self- incrimination as mentioned in the Article 20(3) of Indian Con: tion, © Narco Analysis Test is the violation of dignified life and right to privacy given under Art.21, © In the modem era of technology Narco Analysis Test is useful to the investigation Authority in finding and establishing the truth, Methodology of the study In devising the methodologies of present work, the researcher have had due regard to the fact that the social research such as this must be designed to gain information and hence, insight into the subject under investigation so that the existing social reality is established. Throughout the work, researcher has been guided by the cardinal principle that the research must be aimed at discovering fact rather than confirming whatever existing pre-conceptions. Hence the particular method adopted in this study was descriptive cum exploratory. In keeping with and to address the purpose of the research in the Doctrinal part, researcher applied descriptive and analytical methods of study of the problem and concentrated on Books, Articles, Reports of commissions & various committees, Cases of Different High Courts and Supreme Court and cases of some of the developed countries and ideas of different news papers of India like The Hindu, The Times of India ete. While 23oe iNVestigation, This t im the criming i the criminal justice System. For this, compl Snquiry under the existing | as Some changes are of great value lechnique may prove to be mechanisms of investigation ang icte restrictions of existing not required, 7 aws and the Police Act are Nalysis raises many ethical ques, The Court Permitted the ‘T extracted wo C i ould not be admitted in the Court and only material evidence which subsequently discovered that would be admitted before the court, It further raises an sue, that how a rong becomes right if, consented, Objective of the study The objective of this research work is to cover the legal and scientific aspects of Nareo- Analysis test and its Application in administration of Justice as a measure to control the crime and to resolve the cases of complex in nature. Though the scientific approaches have become need of Present society but the implications can also not be ignored, Looking towards both these aspects of scientific approach in the administration of justice following aim and objective has been enumerated: (a) ‘To study the source, causes, methods and effect of Narco Analysis Test in administration of Justice for the constitutionality of the test. (b) To analyze the important supportive legislative enactments and other provisions existing under Indian legal system relating to crime control and their effects for the evidentiary value of the Narco Analysis Test (c) To study the need and applicability of Narco analysis Test for presen 22, eg ee * — mes 9 gee OE SI 6 see TX Ce gee oni ne yO a He ne ¢ ental wae ap ee eaten “iia ah Se Nel ne Ses wr tie antthe wo in Ogee ae Se tees Nec fae a, ~ ef Re eR Ny Se Shae mag, St ty Se ee a Oo et Raving eee es EE Sin Poca nm eee ew Cee eee ate ~~ eg ae PO A CEA Ca Grey tegen, ee the memo should be woes A Mone ant forwarded by tee offcer of Ge tak af Sie ea Re He te Hater ater compe of the Net Hen Rigi * Sr te shoal te contre by teria cage of tery (Fins Sefoemation Report copy should be given with cther retevare documents a 0f the case should be given so that the expert will a a ne malyze the cecumsances and “Fhe sstement of the subject must be clearly written and signed by the subject. as Narco Analysis in Other Countries 5 tic ing sed in the narcoanaysis est hescly developed in Unied States The dea © exst in farnows article of C-B Hanscom, Director Department of protection and investigati university where author refers the use of narcotics such as wine, Opium, Hashish ete. for the ‘case pxpone of extracting confession from criminals prior to Dark Ages. The Mescaline and in 1903 2 american Criminologist used Ether for this purpose. Later on Scopolamine started to use for the ‘cxceenalysis by the American experts for extracting confession from criminals. ™ During Second — © Citaen chaner of forensic science laboratory, Central Bureau of Investigation, Government of India, New owt hese nicin‘eflctsl ec Spsychology-pdF, visited date 22/02/2016. “Geald T [Link], “A Nation Tranquilized-A Socio Legal Analysis of the Abuse of Sedative in the United saay ee Tg syn At pin 100 heavy 4 dosage can 4 i) i rbiturates iS @ popular meri, a otis does not ISSUE Spontancon ity * roel guced acillY 10 sutrender yy yt! Mes the a O¢ Of comms ¥ met is ire Breat tnist, great soticityge 2 rons been proved useful jn clinical jon, where the patient or his ra eventat ivided Ive fy .. iit nappens where the a 1 PUPONe OF doctee rts wane cette fois ahment of oe Science Labor 1 bea an ct 0 ee "sey Sect USI orth. 250 Fr ates 9H Ne sven encics: © labowtorieg a, AMY Nitrate wit , Wtf beng coat? dure of Narco-Analysis Test ete science the scientific tools fap | 4 forensic $e! ati F interrogath aint ofentraction of truth ad detector test, 300, Paine ne p< est of Truth Serum Test are the main tx Which blag Tet, Bean ey O° 88 tr tg eaccused or witness. The truth serum ig Actually qj €h devetoneg ee Test and Naren fer of medical or patients clinically tater on yet Mmues jor 1, Hyecine (Scopolamine), Sod . |, Sodium, in tuth. These a Semon used drs Which expes prefer to we y Pon tt! Phenobarbia Thr gs tive one while administered tmiravenously cay make a Rothal which is an anesthetic and rn use give hypnotizing effect on a person, Persson. garrul « : The quanti Sus and confessional and ‘ge, Se% Health and Physical condition. A wrong do Avantty ofthe drug ess h Tesulting in lack of affect of ‘Narco Analysis* is based On sodium pentothal handles Gaba is i seu tanmiter inhibitor. The inhibitory charter of arnt conttolled by the depth — ms Ny the of ‘The test is conducted by mixing 3 grams of Sodium pentothal or sodium i i nillilitres of distilled water. This mixture is admi ieee inistered intravenously along with 10% of dextnose "EL, Kropa, Psychochemistry (lecture presented at the University of Notre Dame, Oct. 31, 1956) p32 ibid, pal. BR Sharma, “Scientific Criminal Investigations,” Ed, 2006, University Law Publication, New Delhi, PP60-61 Quoted in Andra Law Times, 2008, 14(Jr.), p34. 51a he patient’s perenne |” Stsiene et ina Stine, _ ween inthe patent's perscnaty on yt wet the experts while the subjeey | > “a a oa te gurpone Of relaxing represser, ma? Mh ag, abe mena om a wiances when thee 1s «compa, imei * * Ce ee Neen ¥ sble to cn ve ie P08 fg 5 HON. Thy a SA iy “ Sees Wis CAPACI OF imaginatonn',°Y "M4 hn ot rated to ost Pare and this StaKe it becom dimen boc pr ttn gates es Ot og the facts he i already ayy i the rag te eb, are of Person tos by and to corroborate the observaticg, M9 in lag 1? tll te goin ¥ ™ vom Of the inves nt" te iegare erred poiyeraph Test Oh in gen f ae f Morning and and Development ori normally thinks that their expression, jg poate : free, their seig words either truthfully or falsely rey chosen PFESEing the: sctuas Pmt * etna seohnique ear some extent Feach the source immediately aan thougte of ne freety arity oF falsely representing the actual thou, 4 made this possible to reach directh eo, cir ventric Nek 90 methods. J. ment. Sci., 1952, 98, 707 - 710, * Merriam Webster Dictionary, See also, http:/www merriam cher com imedical ates 16082015, = 'M Sivamanda Reddy, “Narcoanal; ysis and Truth Serum,” available at [Link] gov inidocumentsinar -canalvsis.. visited on 17/06/2015. "Roman Saini, “What is the Science behind Narco Test,” Quora, 2014. Also see. ips //[Link] comm What i she-science-behind-a-Narco-test. Visited on 15/03/2015. 48er. ee mee OF information onthe War: prinonegs Y SStery Be Perpee Owing 4. oP ee were further used ina mags soon Mimbe, Bec thes ne of get eRtraen Pet seal of OF the 7 tr ynolobe® as a truth serum in the worig or tet Wo Wer hy had dice — ysed i Ww h wie Large scale availability of firearms, 5,0)" ah — er Seleeniie sect Frame and white collar crime Prolierane =? te 10 wage 8 Sadan, Penang ne growing menace of hoi Violent ad coer Mobility gat tt Ce nae «owt and some of the European eet? eatabligheg Sime. Ce? Mobis ree for the development Of scientiie me het a cha; = Mths 7 hn FS Kc wept BH TAPPING, P00, Le jg ng the re” fete a i id Later Pinal inves, tree truth serum test. OF Nees Anggy se” Tha tron 8 tris Tees Neh can ing of Narco Analysis Mean has outpaced the development of jay op Ase complenity rezarding What cay pe admited oh antigo fic development that has become an increasingly, tee In OU. Narto arate tere cient Narco Analysis is detived from the Greek word ea a Me describe a JNOSIC aNd Psychathergyn cee technique ton” ee ag andoce 4, stupor in which mental Clements with snes cherie nti they can be exploited by the therapist, Strong oo narco-analysis was coined by The Horsley but it was Calvi Goodard jal which has been used earlier tthe paychian Purposes aa “Nareo Analysis and Brain 94 WY Scribe com, eens cmidosanesn2 174499 Forensic Aspe of. Narco Ara oe ‘ ‘Sand-Brain-Mapping visite 2 jyos2015. oe of Criminal Law, Criminology and Police Science, (Nov . jimmerle., Truth Drugs in interrogation, Centre forthe study Aibbrary/ fe 2 pigeon ea Tay Ranga & Rohan Jain, lapping.w. ‘Dec. 1951) at pp. 312-813) of intelligence, Vol.S No.2, Sept. study ofintell =ivolsno2/huml/¥05i2a09p_0001.htm. Visited on 25/08/2015. “Ronald Noble, INTERPOLE, Secretary General, “The Globlization of Crime: A Transnational Organized crime Threat Assessment,” Unite Nations Office of Drug and Crime, Vienna 2010. Aso see. paingtles A l-analysis/tocta/TOCTA 2010 low [Link], The Hindu, “We need to Talk about Narco Analysis Test,” May 2, 2007, also see, http:/[Link].c inion/Wwe-need-to-talk-about- alvsis/article![Link]. Visited on 16082015. a7of some kind, and every ate I eet in order 10 obtain that wp 0 akin al or political community, which Moots Gua greater degree than any cther, Sarin State which addresses crime problem, a pat agency SS Sou Judlsia y and executive boul an of organs ection System. The Police are the initial Actors in this syst wget and th eae charge sheets before the court, The wo dence community hich they thin is the hiphe: and at the Is established with a View to some NK good, But, if aff Communities aim St Of all, att which embraces all the Nithest pod." ‘the ¢ iminat Justice 8 and act FoF the goodness of society 105 Of the State.*” 4, Consists of Police, lem; they investigate, “ourt then functions through the Prosecutor ject ov who either convicts or Sequits the accused based upon the facts, circumstances, ope judges * s. After the sentence is passed and wt ces an WitIESSCS. the convict is sent to jail then comes the behavior of the prison inmates and file for LO grant or not. ff evolves in any country observe and monitor the ot system in : pease by the Court whether oon whic ae own pattern of life and social, — Ie sce abo thay, bs Found guilty obits Orbe enforced tel mines HOW on conduct is criminal and prescribes the punishment to be imposed or Sanctioned al STR de orec, it é covcered with the definitions of the various crimes.” It states ey conde Bet aie aceinina offence. This sets up the p cet SY rocedures and the process ———scjitiea” “Voll, 3408C. Visit also, hitp:/[Link]/ati/polit [Link], Visited on 1 - “Politics,” Vol.t, © aisle, sos015. = & Migai Akech, “Kenya Justice sector and Rule of Law” The open society oo ‘patricia Camery mbote s ‘ —— lication, i March 2011, p.p.l!. See also, [Link] és = oe [Link]. Visited on 16/08/2015. panels = i 7 ‘adarsh Restructuring criminal Justice system of India,” Law ii & Puja Priyadars! sca 3 WE sco ‘[Link]/ 16933723-Vol-1-issue-5-s 5,2015. , http:/doeplayer: cusmal, Vol. Issue 5, i I: A comparative study o' aciateainele eae effective investigations in Pre-Trial: A compa E *Sotheara Cambodian TF Right to Fair and Effecti_w Ss) ” Also visit, hups://www, [Link] 1S/Ris dan Criminal Justice Systems. and Effi ve Fimit i MMs. Visited = on iveStudyofCambodianandindianCriminallusticeSyste tionit rial-A-Comparative’ ivesigationinPre trial-A- (2072015, 44CHAPTER-III ORIGIN AND DEVELOPMENT OF NARCO-ANALYSIS TESTSecondly. the findings of the study are basically based on doctrinal and non doctrinal. in mon doctrinal part data had been collected from forensic science laboratories. In some laboratories revelation of data was denied dure to security reasons. From some forensic scrence laboratory data was collected through Right to Information Act following section 8 of the Right to information Act. Thirdly. while collection of data from various laboratories, some of the laboratories like forensic science laboratory Lucknow, Banglore and Gandhinagar provided data but they avoided providing other information such as background of subjects including past activities which were significant for the study, Fourthly, for giving rich conclusive remarks of the study, researcher sought opinion of judicial officers in this regard but after multiple approaches, no replies were given by the officers. This having practical implication towards the study. Fifthly, though there should be a manual for each laboratory yet approaching the forensic science laboratory, no laboratory having such kind of laboratory manual specifically for these techniques found exeept Central Forensic Science Laboratory, New Dethi. The available forensic laboratory manual is also not clear with its objects. This further creates practical implication in the findings of the present study. Framework of the study Despite recommendations of various committees on criminal justice system and safeguards in the Indian constitution the justice delivery system is not as easy, to give relief to the poor, needy and real victim though the concept “justice delayed is justice denied” frequently used by government, judiciary, the police and civil society. It is still remaining in darkness, still facing problems of fair trial and justice. In the Krushi Cooperative Bank Case the managing director refused to undergo for the narco analysis test, the facts shows that the thousands of poor farmers deposited their money in the cooperative bank and when time came they found their money was nowhere. No one is bothered about, many poor farmers committed suicide. People do not follow the Ramrajya where no one wanted to cheat others; no one wanted to do an act which leads a person guilty before the society. In the present technical era people are using all those 26Scope of the Study The present research problem identified through review of litensture and case lawe. The researcher made a detailed survey of cases of different High Courts as well as Supreme Court and also the cases of some developed countries such as U.S.A., Canada. and U.K The Researcher studied numerous articles, Books on the subjects, reports of different law commissions, Governmental Committees, Non-Govemmental Organizations, National Human Rights Commission and other Organi: Justice. ‘ion related to the administration of In this study an attempt has been made to highlight the problem relating to the scientific approaches of criminal justice system regarding Narco analysis test as well as issues relating to the rights guaranteed under constitutional law of India and general law. Merits and demerits of the scattered criminal legislations and laws relating thereto has been undertaken. Further an attempt has been made by the researcher to examine that how executive could work in the criminal justice system in the consonance of fundamental rights and duties given under constitution of India to protect the society and made criminal free society so that no criminal can move freely after committing a crime and the present judicial system in a position to deliver justice without victimization of any innocent which is key concept of any criminal justice system. Limitation of the Study The present study is based on both doctrinal and non-doctrinal methods of research. Therefore while doing the study there are some practical implications came out this puted some challenges in the study in one way or other. Following are the limitation found while doing this study: Firstly, as the study concerned with the modern scientific techniques of investigation ble in the form of books and scholarly articles which was one of the hurdle for the researcher in analyzing and writing (Narco Analysis Test), a very few literatures are ai the research work. 25'e Keeping with and 10 address the purpose of the research in the Doctrinal part. reveatches applied descriptive and analytical methods of study of the problem and comcemraed on Books, Anicles, Reports of commissions & various committees, Cases of Dillerent igh Courts and Supreme Court and cases of some of the developed countries and ideas of different news papers of India like The Hindu, The Times of India etc. While 23