See, narco tests aren’t very common in India’s legal scene, but still, if the accused consents to undergo this test, then for sure, the narco test can be conducted to lead the accused to tell critical information that he/she may not have told otherwise. But, it is not as simple as that, there are a lot of complex things about this, so, let’s get to just that.
What Exactly Is Narco Testing?
Many of you may already know the word “narco tests” as they are often a hot topic in the news, especially when it comes to a lengthy and very serious criminal case in India. But the actual process of it is what? Well, the narco analysis referred to here is a procedure through which sodium pentothal, a drug popularly known as “truth serum” with hypnosis effects is injected into the person. This is said to render the individual in a dreamlike or semi-conscious state, as a result, they won’t be able to tell a lie but will also give out real facts. This type of test has been done many times in India’s history, like in the times of the Gujarat riots (2002) or the Mumbai attacks (2008).
Sure, the technique is in fact very old, but up until just a few decades ago, we have all just seen it in the movies or read it somewhere, right? Though, now these tests can be done when there is a necessity to get critical information out of a person, possibly some high-level criminal or terrorist.
What Laws Are There Regarding Narco Testing in India?
One of the most critical parts of the Constitution is the prevention of self-incrimination, which is well defined in Article 20(3). It specifies that no one accused of a crime may be compelled to testify against himself or herself. When drugs are administered in a way that compels someone to speak, this can lead to an infringement of this right if it continues without the person’s explicit knowledge or agreement, you know?
Concerning the constitutionality of narco tests, the Supreme Court of India has made a number of pronouncements over the years. It was in Selvi v. State of Karnataka (2010) that the Court held that both the activities of narco-testing and brain mapping polygraph tests require the consent of the accused. To force someone to undergo these tests would mean that their fundamental rights would be violated. Though, voluntary consent is the way to proceed. However, it must be noted that the results of such tests can’t be brought as primary or direct evidence at any trial.
Narco Testing in Indian Courts
It is often seen that courts in India proceed cautiously while considering narco-test findings. Though, there is no mention of narco-testing is found in the Indian Evidence Act of 1872, which specifies the types of evidence that can be presented in court. Section 27 of the Act, on the other hand, says that information from a voluntary drug test can help find new proof. For example, if someone tells the police where a hidden gun is during the test and the police find it, the gun itself can be used as proof in court, but not what they said during the narco test itself. So, that’s pretty much the whole drama with narco tests in India.
