Sister Sherly vs.

Central Bureau Of Investigation on 24 June 2009 :

In the case of Sister Sherly vs. Central Bureau Of Investigation on 24 June 2009, the issues
raised were;

1. Whether the Narco Analysis test is violative of Article 19, 20(3) or 21 of the
Constitution of India?
2. Whether Narco Analysis is injurious to health and thereby illegal
3. Whether the Narco Analysis test can be conducted without consent?

The Kerala High Court asked the Central Bureau of Investigation (CBI) to conduct a narco
analysis test on a nun and two other women employees at the Convent of Saint Pius where
Sister Abhaya was found dead 17 years ago. The three women who were expected to be the
witnesses had gone to the high court and filed a petition after dismissing A plea not to be
subjected to the narco analysis test by the court of the chief judicial magistrate here. The
three daughters - Sherly Sister, Achamma, and Thersiamma - are witnesses in the cause.
Sister Sherly was inside the Convent of Saint Pius when the incident happened.

Later after in the case the contentions were explicated by The Laboratory Procedure Manual
of Forensic Narco-Analysis published by the Ministry of Home Affairs, Government of
India, New Delhi 2007 provides that narco analysis test is to be conducted in a suit that has
facilities akin to an operation theatre. It also provides for the constitution of a team of experts.
Clause 4 of the Manual provides for constitution of the team of experts as Crl.M.C.1218/2009
& W.P.(C)8273/2009 27 follows:-

 Constitution of the Team of Experts: The team of experts to conduct Narco the
analysis must comprise of:-
i. Anesthesiologist (APG degree/diploma (MD/DA) from recognize medical college
*experience of handling individuals for Narco-Analysis is desirable.
ii. Clinical/forensic Psychologist/Psychiatrist (M.Phil or .D. in either clinical or forensic
psychology or MD/DPM in psychological medicine from a recognized
university/institution. *Experience in handling individuals for various aspects of
clinical/forensic psychology is desirable). *Supporting Nursing staff in O.T, if
needed. *Interpretation, if needed *General Physician if needed."
 Crl.M.C.1218/2009 & W.P.(C)8273/2009 28 Clause 6 provides for preparation of the
subject for Narco Analysis. It reads:-
1. Preparation of the subject for Narco Analysis.
i. Medical examination for fitness which includes routine lab investigations and
special investigations, if necessary.
ii. Instruction to the subject to submit himself in an empty stomach for narco analysis.
iii. Mental status examination for mental fitness by clinical psychologists/forensic
psychologist/psychiatrist."

Therefore it was absolutely clear that narco analysis would be conducted on the petitioners
only as provided under the Manual following the procedure and it guarantees that the fitness
of the petitioners to undergo the narco analysis would be considered before conducting the
test and only if the health condition permits, a narco analysis test would be conducted. In
such circumstance, I find no basis for any reasonable apprehension that the narco analysis test
would be conducted to the detriment of the petitioners.

Sudipta Lenka v/s State of Odisha & Others, 2014:

In the case of Sudipta Lenka v/s State of Odisha & Others, 2014, the issues arised were;

1. Whether after filing of charge-sheet under Section 302/120B IPC against the accused
Netrananda Dandasena and keeping open the investigation under Section 173 (8)
Cr.P.C. there is any justification to entrust the further investigation of the case to the
Central Bureau of Investigation.
2. Whether any direction for determination of the liability of any officer or authority of
the State who had the occasion to deal with the matter is called for?

According to the petitioner, Itishree Pradhan (deceased) joined Siksha Sahayika (contract
officials teacher) at Tikiri Elementary School on June 18, 2011, and she worked as Deputy
Auditor of Netrananda Dandasena as long as she was having trouble finding accommodation.
On July 18, 2013, it appears that the deceased was sexually harassed by a police officer (sub-
inspector) who filed a complaint of the deceased in front of the local police. In 30, 2013, the
deceased asked the State Women's Commission and the Odisha Human Rights Commission
to intervene, but the agency only forwarded the complaint to police inspector Rayaghada for
the necessary action. It is also thought that the deceased had filed a complaint before the
collection agency, Rayaghada County. Another complaint was filed with police on September
19, 2013, by the dead, but no steps were taken on October 22, 2013. on the 27th. 10.2013, the
deceased was caught on fire and she was transferred to a hospital with 90% burn injuries.

In both the aforesaid cases here an effective standard operating procedure must be enforced
within the system in which forensic psychology comes into play. Forensic Psychology's legal
footprints are essential to understanding the justice system and what part of the puzzle of the
judicial system does forensic psychology fit. When a crime has been committed the point of
contact is the police who eventually gather evidence of the crime scene and present it to the
Forensic science laboratories. When the laboratories complete their scientific assessment,
they are sent to the court of law to help deduce who, when, where, what, why, and how.
Forensic Psychology tends to play a very important role especially in giving answers related
to the crime.

The role of forensic psychology in criminal investigation can be traced back to 1968, when
the first lie detection department was established at the Central Forensic Institute (CFSL) of
the Central Research Office (CBI). Initially, there was no formal training centre for
professionals. Formal Training in Lie Detection References on how to perform a lie detection
test was created from books and treatises in Western culture. Psychology, which persuades
Indian courts about the efficient law of forensics, was based on trial and error of the
scientific tools used. In the case of Sister Sherly vs. Central Bureau Of Investigation the
court-approved narco-analysis to be conducted, which was contrary to the consent of the
person in question, & the contentions by the petitioner was based on said consent and court
sanctions were equally important with the law and basic rights in mind. Insisted that the tests
were conducted primarily for the accused because it could contribute to enlighten the
investigation. Currently, Narco-Analysis is a replica of the operating room with the help and
guidance of a team of professionals, including doctors, nurses and mental health
professionals. In the Apex Court ruled that tests such as the Narco analysis, false detection
and Brain Electrical Oscillation Signature could be performed with informed consent.
Considering how courts acquire scientific tools used by forensic psychology laboratories that
attack basic human rights and, in some cases, use information extracted from criminal justice
systems.

In the case of Sudipta Lenka v/s State of Odisha & Others, 2014 the evidence is collected by
the police and transported to the Jurisdictional Forensic Laboratory where it is scientifically
examined by experts. Ideally, the role of a forensic psychologist would begin when they will
be called by police, lawyers or judges to interview and assess offenders. The formal interview
and assessment are then used as supporting evidence in the court of law to help deliver
justice effectively. A Forensic Psychologist can also continue to work toward rehabilitating
the mandate of a criminal court or victim under in a medico-legal ward. a forensic
psychologist assists the judicial system in the lawful implementation of manner by presenting
facts. These facts take the form of in-depth interview reports and in-depth experiences of
suspects. A forensic psychologist must be considered to act as an expert an who shares his
knowledge and expertise into the courtroom, acting as an auxiliary evidence. At no point, the
expert has the final judgment in distributing justice, which will only is executed by the judge.

An essential role played by a forensic psychologist or forensic psychiatrist would be to shed

light on the "mens rea 'of the suspects. “Mens rea” addresses the state of mind of the accused
who generally pleads 'not guilty' in the witness stand during a case. Recipients can declare
guilty under the influence of drugs or be unaware that they committed the crime. assimilate
an interview and thorough forensic review to assess the correctness of an individual's
testimony. Forensic psychologists and psychiatrists can assist them to work better to deal
with crime investigations. Prosecutors, judges and other forensic experts they assist.

We can observe that the role of the legal footprints of forensic psychology is just as important
as the standard or primal investigative technique since, it is still used as corroborative
evidence in Indian Courts.