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Meaning, Procedure and

Narco Analysis More: Complete Notes for
UPSC!

Narco Analysis or Narco Test is an investigative type of tool which requires the injection of sodium
pentothal, a substance that has the tendency to bring a subject into a hypnotic or drugged state and
neutralizes the subject's imagination, and expects them to reveal the truth. This test is used mainly by
investigating agencies as a softer alternative to torture in order to get the truth from the suspects of any
crime.

The Narco Analysis Test is seen in the news very often. So, it becomes very important to have a clear
understanding of narco analysis as it becomes an important topic for the UPSC Exam. In this article on
the Testbook, we will learn about history, legality, procedure, supreme court judgments, concerns, and
criticism associated with the narco analysis.

For More Polity Topics, Click Here: Polity UPSC Notes

What is Narco Analysis?

The procedure of the Narco analysis test involves the injection of a drug named sodium pentothal, which
is also known as “Truth Serum”. This truth serum reduces a person's self-consciousness and enables
him or her to speak freely. This behavior of speaking freely starts happening when the person becomes
less inhibited and enters a complete hypnotic state. This stage allows examiners or investigative
authorities to ask questions and get real and true answers.

History of Narco Analysis

 The word ‘narco’ is derived from the Greek word ‘NARKE’ which means numbness. The word
narco analysis is coined by Horseley in the 20 century
th

 The usage of narco analysis in forensic science started in the late 19th century when a medical
practitioner in the USA used hypnosis to relax his patients and then help them by discussing
emotionally difficult matters.
 The Indian Evidence Act,1972 which is the primary statutory act for the admissibility of evidence
in any court of law across the country is silent with respect to narco analysis. However, as per
Section 27 of the Evidence Act, 1872, any information that is subsequently discovered with the
help of voluntarily administered test results can be admitted as evidence.
 In India, narco-analysis was first used in 2002 in the Godhra train burning case in Gujarat.
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Also, Learn about the Central Bureau of Investigation here!

Is Narco Analysis Test legal in India?

In a supreme court decision of 2010, It has declared that narco-analysis, polygraph and brain mapping
tests on an accused are illegal. However, the court allowed the use of similar techniques in criminal
cases with the consent of the subject and under certain restrictions.

The apex court said, “We hold that no individual should be forcibly subjected to any of the techniques in
question, whether in the context of investigation in criminal cases or otherwise. Doing so would amount
to an unwarranted intrusion into personal liberty”

How is Narco Analysis Test Done?

 The Narco test is generally conducted by a team of “an anesthesiologist, a psychiatrist, a
clinical/forensic psychologist, an audio/videographer, and supporting nursing staff”

 The team monitors the subject’s blood pressure and pulse rate, throughout the complete session
and the entire procedure is documented for the record.

 The subject is injected with the hypnotic drug Sodium Pentothal by the intravenous method. The
dose depends on the subject’s age, sex, and other medical conditions.

 After the drug is injected, the subject starts going into a state of sleep.

 When the person starts to fumble their words, the investigation team starts asking questions.

How effective is a Narco Analysis Test?

When we consider the effectiveness of such types of tests, all of these approaches are still debatable in
the medical science community and none of them has been scientifically demonstrated to have a 100%
success rate.
Such tests have long-lasting consequences and are a disgrace to human dignity and freedom.

Supreme Court Judgements on Narco Analysis Test

The various judgments by the Supreme court of India related to the Narco analysis test are discussed
below:

D.K. Basu vs. State of West Bengal case, 1997

 In this case, the Supreme Court ruled that administering the polygraph and narcos test against
the subject's consent would constitute cruel, inhuman, and humiliating treatment under Article 21,
which protects the right to life and liberty.

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Article 21 - Right to Life

 Right To Life (Article 21) of the Indian constitution states that “No person shall be
deprived of his life or personal liberty except according to a procedure established by
law.” Hence, article 21 secures two rights:
a. Right to life, and
b. Right to personal liberty

 Since the inception of the constitution, the scope of Article 21 has widened. Article 21
includes the following rights -
a. Right Against Sexual Harassment at the Workplace
b. Right to Shelter
c. Right to get Pollution Free Water and Air
d. Right to life and suicide
e. Right to Die with Dignity
f. Right to privacy
g. Right against public hanging
h. Right against custodial death
i. Right against handcuffing
j. Right against solitary confinement
k. Right to go abroad
l. Right of every child to achieve a full development
m. Protection of under-trials

 The Supreme Court has observed this right as the ‘heart of fundamental rights’

Read about the other Important articles of the Indian Constitution. Read it here.

Selvi & Others vs State of Karnataka & Anr, 2010

This is the most significant judgment by the judiciary of India related to the narco test. In this case, the
accused challenged the constitutional validity of modern scientific techniques like Narco-Analysis,
polygraphy test, and brain fingerprinting of interrogation while investigating criminal cases.

The three-judge bench of the supreme court in this case laid down the following guidelines:

 No lie detector tests should be conducted without the suspect's consent.

 The Supreme court observed that the Indian constitution through Article 20 (3) i.e. right against
self-incrimination states that no accused person can be forced to be a witness against himself.

 The consent of the suspect for the narco test should be recorded by a judicial magistrate if any of
these tests are to be conducted.

 An option should be provided to the suspect whether he/she wishes to go through such a test or
not.

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 The manner in which the information after the investigation was received should be documented
in full factual and medical detail.

 Those who go through these tests must have access to a lawyer, and the lawyer must explain the
test's physical, emotional, and legal consequences to the subject

Concerns Associated with Narco Analysis

 The critics have expressed concerns that the accuracy of the narco analysis test isn’t 100%
accurate. For instance, a person with alcohol addiction is likely to have a high tolerance to
thiopental sodium and he will be able to pretend to be semiconscious, and still be able to lie and
deceive the investigation agencies.

 The test of narco-analysis violates a person's right to privacy, which is protected as part of their
right to life and personal liberty under Article 21 of the Constitution.

What are the Side Effects of the Narco Test?

Narco Tests may cause harm to the physical and mental health of the subject. It can have the following
side effects:

 Correct administration of dose: Injecting an accurate dose of a drug based on a person's

attitude or willpower is a difficult task. Thiopental sodium becomes dangerous if not administered
in judicious amounts.

 Respiratory illness: Narco test is particularly harmful to persons with respiratory illnesses like
asthma since an improper dose or administration of the substance could drastically reduce blood
pressure and cease respiration.

 Effect on the brain: This test has an adverse effect on the functioning of the brain. In some
cases, it has been observed that there comes a situation of memory loss after the subject was
given a dose of 'truth serum'.

Check the Article National Investigation Agency here!

Narco Analysis Cases in India

Dr. Rajesh Talwar Case (2013)

 In this case of the Rajesh Talwar Narco-Analysis Test, the Polygraph test and Brain mapping test
were conducted by investigation agencies against the consent of the accused persons. However,
the narco test solved the case and was crucial in identifying the suspects.

Sister Abhaya's death Case (2020)

 In this case, the High Court of India observed that any confession of crime during the narco tests
couldn’t be treated as evidence in a court of law.

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Hathras Case (2020)

 In this case, the state government of Uttar Pradesh conducted the polygraph and narco-analysis
tests as a part of the ongoing investigation into the alleged gang rape and murder of a 19-year-
old girl.

What is the Difference Between Narco Analysis and Poly Graph

Test?

Narco Analysis Test Poly Graph Test

It is popularly known as the narco test. It is popularly known as Lie Detector Test.

This test involves a drug called sodium pentothal is
injected into the subject to create a hypnotic or
drowsy state and neutralizes the subject's
imagination while expecting them to give
information that is factually correct.
This test is based on the assumption that
a person's physiological reactions are
altered when they are lying as opposed to
when they are not.

It makes use of a drug called sodium pentothal It makes use of a device that measures
which is popularly known as a truth serum or reality and logs a variety of physiological
pills. parameters, including blood pressure,
skin issues, respiration, pulse, and
breathing patterns.

This test is considered a softer alternative to torture In this test, each recorded response is
or “third-degree” by the police. given a number to help in determining
whether the subject is lying, telling the
truth, or unsure.

Scientifically, it is not completely 100% accurate. Its It is also not completely 100% accurate.
accuracy is debatable in forensic science.

Criticisms Of Narco Analysis

 Narco analysis is not always perfectly correct so it has also drawn wide criticisms from medical
practitioners, human rights activists, and legal authorities.

 In many cases, It has been observed that an accused has provided false information even after
the administration of the drug.

 With so many behavioral science consultation teams utilizing pseudoscience of narco synthesis
to support unlawful interrogations, India is known as the global capital of narco analysis.

 It is very difficult to administer a certain fixed drug dosage to a person because the dose varies
from person to person depending on the mental attitude and physical makeup of the condition. It
is observed that administering the individual with the incorrect dose could result in his death.

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Conclusion
Due to their low dependability and lack of scientific evidence, these techniques like narco-analysis tests
cannot be exploited to get statements or incriminating evidence. However, as investigative tools, they
can be effective in helping to resolve complex situations.
The government should promote the use of scientific methods in otherwise long-drawn-out investigations
and trials, but they should also establish stringent guidelines for their proper, acceptable usage without
affecting human dignity.

Check the Article HRIDAY Scheme here!

UPSC PYQs Related to Narco Analysis

With reference to India, consider the following statements:

1. Judicial custody means an accused is in the custody of the concerned magistrate and such
accused is locked up in a police station, not in jail.
2. During judicial custody, the police officer in charge of the case is not allowed to interrogate the
suspect without the approval of the court.

Which of the statements given above is/are correct? [UPSC CSE 2021]

a. 1 only
b. 2 only
c. Both 1 and 2
d. Neither 1 nor 2

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