NARCO ANALYSIS

GENERAL BACKGROUND ABOUT THE TEST

 The test involves intravenous administration of drugs that causes the subject to enter into
a hypnotic trance and become less inhibited.
 The subject is more likely to divulge information in such hypnotic state.
 Narco analysis tests could be requested by the defendants who want to prove their
innocence.
 A person subjected to the Narco analysis technique is in a half-conscious state and loses
awareness of time and place, this condition can be compared to that of a person who is
‘hypnotic state’.

ORIGIN & HISTORY

 During World War II, this general technique of delving into a subject’s inner conscious
through the instrumentality of narcotic drugs was widely used in the treatment of war
neuroses (CALLED ‘BATTLE SHOCK’ OR ‘SHELL SHOCK’)
 Its effects were initially seen when the patient made certain shocking revelation while he
was under influence of anaesthesia, which in normal circumstances he would have never
made.
 In between 1903-1915, investigators used mild types of anaesthesia for extracting the
truth or obtaining confession from suspect during investigation.
 In the late 19th Century, Chloroform or Hashish were used to induce person and to deepen
the hypnotic effect.

MEANING
 A new terminology had been added in the field of Criminal investigation through forensic
science in the year 1936 which is known as Narco-Analysis test.
 The term ‘Narco-Analysis’ is derived from the Greek word Narco, meaning “anaesthesia”
or “torpor”.
 It is also known as ‘Truth Serum or Combination of Hypnosis or Narcosis.
 It is used to describe diagnostic and psychotherapeutic techniques that used psychotropic
drugs, to induce a stupor in which mental element with strong associated effect come to
the surface, where they can be exploited by the therapist.

TECHNIQUE USED
 The test involves the intravenous administration of a drug that causes the subject to enter
into a hypnotic trance and become less inhibited.
 In such state, the subject is more likely to divulge information.

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  It is mostly used in criminal cases in order to assist the prosecution to prove the case
against the accused or vice – versa.
 It is viewed that when this technique is used, it represses the power of a person to
reasoning without affecting his memory and speech, therefore it possible that he will
speak the truth.
 The underlying theory behind the technique is that when the subject is under influence of
such truth serum he loses his capacity to imagine and would therefore speak the truth.

EVOLUTION OF THE TECHNIQUE

 The advent of Narcoanalysis took place along with the advent of anaesthesia about a
century ago.
 It was observed that during the induction period and particularly during the recovery
interval, patients were prone to make extremely naïve remarks about personal matters,
which, in their normal state would never have revealed.
 As a matter of fact, the women who were under its influence were extremely candid and
uninhibited in their statements. They often made remarks which obviously would never
have been uttered when in their normal state.

DRUG USED
 The drug used for this test is called sodium pentothal.
 Higher quantities of the said drug is used for general anaesthesia in surgical procedures.
 This drug is also used in the field of psychiatry since the revelations can enable the
diagnosis of mental disorders.
 Earlier versions of Narco analysis used sodium amytal and scopolamine.

‘TRUTH SERUM’
 The use of the “scopolamine” technique led to the coming of the expression “truth
serum”.
 Initially injections of sodium amytal were used in the field of psychiatry, for once the
patients was given the appropriate dose of the same the subjects started talking freely.
 In the recent years of its origin, the use of Truth Serums on person suspected of
involvement in terrorist activities was often debated and challenged.

STAGES
 Coming to the test procedure, when the drug is administered intravenously, the subject
ordinarily descends into anaesthesia in four stages namely:
1. Awake Stage
2. Hypnotic Stage
3. Sedative Stage
4. Anaesthetic Stage
 A relatively higher dose of sodium pentothal is injected to induce the “hypnotic stage”
and the questioning is conducted during this stage.
 The hypnotic stage is maintained for the desired period by controlling the administration
of the drug.

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CHARACTERISTICS OF BEHAVIOUR EXHIBITED DURING NARCO ANALYSIS
 It helps in handling negative emotional responses (GUILT, AVOIDANCE, FRUSTRATION ETC.)

in a positive manner.
 It helps in rapid exploration and identification of underlying conflicts anf unresolved
feelings about past events.
 It induces the subject to divulge information which would usually not be revealed in
conscious awareness.
 It is difficult for the person to lie at this stage.
 The reversal from this stage occurs immediately when the administration of the drug is
discontinued.

PERSONNEL INVOLVED
The personnel involved in conducting a Narco analysis interview include the following:
 Forensic Psychologist;
 Anaesthesiologist;
 A Psychiatrist;
 A General Physician;
 Medical staff;
 Language interpreter;
 Videographer

PLACES WHERE IT IS TO BE CARRIED OUT

 Hospitals;
 Operation Theatres;
 Forensic Science Laboratories

CONSEQUENCES/RESULTS OF USING NARCO ANALYSIS

 It could narrow down investigation efforts thereby saving public resource.
 It could uncover vital/independent evidence.
 It could corroborate pre-existing testimonies and prosecution theories.
 It could detect ‘malingering’ (faking of amnesia).
LIMITATIONS
 It does not have absolute success rate.
 The chances of the subject not revealing the relevant information are high.
 It may lead to discovery of inconsequential information about the subject’s personal
lives.
 If the personnel/investigators involved in the carrying out/conducting NARCO Analysis
are not skilled then the entire exercise could be futile.
 Some people still retain their ability to deceive even in hypnotic stage.
 The investigators who are under pressure to deliver results could frame questions in a
manner that prompts incriminatory responses.
 Absence of any uniform criteria to evaluate the efficacy of the ‘Narcoanalysis’ technique.
 The accused could seek to avail Narco analysis just to buy himself more time and
introduce delay and laches in the trial.

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EVIDENTIARY VALUE
 The statements given/made during Narco analysis interviews as well as expert testimony
relating to the same have not been given weightage in criminal trials.
 In Selvi v. State of Karnataka, the SC has laid down the principle about conducting of
Narco-Analysis that Narco-Analysis test cannot be conducted on the accused person
without taking the consent from the accused person. If such test conducted on the accused
person, it would be violative of Article 20(3) of the Indian Constitution. It was further
held by the Court that this test should be conducted in the presence of the expert.
 The right against self-incrimination is designed to prevent the use of law or the legal
process to force from the lips of the accused person the evidence necessary to convict
him.
 It has been held that statements derived from these tests amounts to testimonial
compulsion.
 Further, it has also been held that this test amounts to violation of right to remain silent
which is inherent in the fact that the accused has the right to engage a lawyer who would
be his mouth piece before the Court and the purposes of the Trial.
 Section 3 of the Indian Evidence Act, 1872 defines Evidence. The question arises
whether any answer received as a result of Narco-Analysis test would be evidence or not?
Perhaps such answer or statement would not form part of ‘evidence’ unless it satisfies
some other tests. The fact must be clear that whether court has permitted for the test or
such test is required by the court or not? It does not become admissible as evidence, if the
court has not given permission for the test. Thus, the admissibility would depend upon
the number of factors.

INTERNATIONAL PERSPECTIVE
 The Supreme Court of Canada in the case of Horvath v. R. held that the Statements
made in a hypnotic state were not voluntary, hence they could not be admitted in
evidence.
 The US Supreme Court has also disapproved the use of truth inducing drugs in the case
of Townsend v. Sain.

ADVANTAGES & DISADVANTAGES OF NARCO ANALYSIS

 After analysing the cases of higher courts in India, it can be said that even Indian
judiciary is not very much clear while in few cases court has affirmative view on the
process of Narco analysis but in some other cases court denied and clearly said it can’t be
permitted.
 In their judicial pronouncements the courts have given conditional utilization of process.
 It can be said that the judiciary took harmonious construction regarding the use of this
process and given interpretation of conditional utilization so that the process absolutely
could not be ignored nor it can be used in each and every cases of crime.
 By looking at the judicial pronouncements and literature, following advantages and
disadvantages can be enumerated.

Advantages

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  Crime rate can be reduced by resorting to modern techniques of investigation by the
investigation agencies and Narco analysis is one of them.
 Narco analysis comes useful where there is absolute darkness surrounding the case or in
case there is no other clinching evidence.
 It is paradigm shift from the traditional way of procuring truth by using torture.
 The process is not harmful to the body unless the dose is very high.
 The evidence derived by resorting to this technique at least used in corroborating facts.
 The questions are framed by trained individuals specializing in this technique, therefore it
is very difficult to dodge the same.

Disadvantages
 A wrong dose of chemical may lead to a state of coma or even death of the person.
 If the person is addicted to drugs then this technique might not be helpful.
 The question of reliability of information/statements from the subject often arises because
the subject is in a semi-conscious state of mind.
 It goes against the principle of criminal justice system that a person giving a statement
shall be sound and fit.
 Legally speaking, the constitution of India part III Article 20(3) clearly says no person
shall be a witness against himself. The process may declare as a violation of fundamental
rights of Constitution.
 Section 25 of Indian Evidence Act, 1872 says that the confession made by a person under
police custody could not be admitted as evidence.
 Under section 161 of the criminal procedure code, the police officer authorised for
investigation may ask orally any question to the person aware of facts and circumstances
of the case and person shall bound to answer all the question except the questions, answer
of which would have a tendency to expose him a criminal charge or to a penalty or
forfeiture.