ADMISSIBILITY OF NARCO-ANALYSIS

Abstract

Law is dynamic and not static and therefore, as society advances, law needs to keep in consonance with the changing social order. Law is the instrument of societal change and the judiciary has the responsibility of interpreting the law for the greater good. Therefore, it is clear that the judicial mind must stay in touch with the advancement of humanity. The enforcement agencies must use new technologies, more than or in parallel to the criminals. To combat organised crime, its detection, investigation and prevention method have to be employed synchronously. Krishna Iyyer J. Remarked, “the courts self-criminate themselves if they keep the gates partly open for culprit to flee the justice under the guise of interpretative enlargement of golden rule of criminal jurisprudence. Around the world, techniques for law enforcement are seeing major changes with advancement in science and technology. The present society needs the most recent scientific methods for recognising the crimes. There are a several techniques for criminal examination to recognize lying and deception by suspect and accused. Most of the strategies are established on torture, either physical or mental. In any case, present day techniques like Polygraph and brain– mapping test are non-intrusive technique that will distinguish deception without causing physical or mental damage to the subject. Scientific techniques are essential for proving guilt and also the innocence of the accused. Narco-Analysis is one such scientific method that has turned into an undeniably maybe alarmingly, common in India. Through this paper the author will be focusing on the importance of Narco-Analysis and why it should be made admissible in a country like India. The author will be also focusing on blending Narco-Analysis with Article 20(3) of the Constitution of India in such a way, to the point that no inquiries are raised as to its Constitutional validity.