CONSTITUTIONAL AND HUMANITARIAN APPRAISAL OF NARCO-ANALYSIS TEST

Abstract

The advancement of science and technology has proved to be a boon to the criminal justice system. Array of new techniques like Brain mapping, Narco-analysis, Hypnosis, P-300 and Polygraph tests have been emerged as the contemporary method of crime detection and investigation. These advanced crime detection tools have been emerged as the most powerful branch in criminal law helping the Law enforcement machinery. However, while exhausting these techniques in criminal justice, we cannot forget that it is being used on Human beings and science has no right to interfere with the human memory, which is his very personal property. Also when we analyze these tests from constitutional perspective, the rights of accused and long established criminal jurisprudence comes into picture. On one side, such tests are helpful for the judges as evidence without reasonable doubt, to arrive at a decision and inflict sentence to the accused. But on the other side, such techniques are considered as intrusion in the human mind which may violate his right to privacy as well as his right to physical and mental health. Such methods can be referred as a rape on human mind.

The most important function of scientific investigation is to translate suspicion into reasonable certainty of either guilt or innocence. The basis of criminal jurisprudence lies in the fact of proving the guilt of accused beyond all reasonable doubt and to protect the innocent from wrong conviction. The latest technique to elicit truth from accused is that of Narco analysis, a generally acceptable scientific evidence. However, such test has to satisfy the test of admissibility according to Indian Evidence Act, 1872. It is also considered as destroying the constitutional safeguard of self-incrimination provided under Article 20(3) and violation of right to privacy and right to fair trial as explicit under Article 21 of Indian constitution. Such provisions invoke that every accused/ suspect has right to life and personal liberty, which cannot be deprived except the procedure established by law and no person can be compelled to undergo any scientific test for collecting evidence for himself.