Central Idea

• Wrestlers at Jantar Mantar expressed their willingness to undergo narco analysis test.
• One of them emphasized that the test should be monitored by the Supreme Court.

What is a Narco Test?

• In a ‘narco’ or narcoanalysis test, a drug called sodium pentothal is injected into the body of the accused.
• This transports the accused to a hypnotic or sedated state, in which their imagination is neutralised.
• In this hypnotic state, the accused is understood as being incapable of lying, and is expected to divulge information that is true.
• Sodium pentothal or sodium thiopental is a fast-acting, short duration anaesthetic, which is used in larger doses to sedate patients during surgery.
• It belongs to the barbiturate class of drugs that act on the central nervous system as depressants.

 Difference from Polygraph Tests

• It is important to differentiate narco-analysis tests from polygraph tests, as they serve different purposes.
• Polygraph tests rely on physiological responses to detect lies, measuring variables such as blood pressure, pulse rate, respiration, and sweat gland activity while the suspect is being questioned.
• In contrast, narco-analysis tests induce a hypnotic state through the administration of drugs, aiming to weaken the subject’s resolve to lie.

Reasons to use such tests

• In recent decades, investigating agencies have sought to employ these tests in investigation, which are sometimes seen as being a “softer alternative” to torture or “third degree” to extract the truth from suspects.
• However, neither method has been proven scientifically to have a 100% success rate, and remain contentious in the medical field as well.

Restrictions on these tests

• No self-incrimination: The Bench took into consideration international norms on human rights, the right to a fair trial, and the right against self-incrimination under Article 20(3) of the Constitution.
• Consent of the accused: In ‘Selvi & Ors vs. State of Karnataka & Anr’ (2010), a Supreme Court Bench comprising then CJI ruled that no lie detector tests should be administered “except on the basis of consent of the accused”. The subject’s consent should be recorded before a judicial magistrate, the court said.
• Legal assistance to such convicts: Those who volunteer must have access to a lawyer, and have the physical, emotional, and legal implications of the test explained to them by police and the lawyer.
• Guidelines at place: It said that the ‘Guidelines for the Administration of Polygraph Test on an Accused’ published by the National Human Rights Commission in 2000, must be strictly followed.

Previous Cases and Supreme Court Ruling

• Narco analysis tests have been employed in significant cases like the 2002 Gujarat riots, the Abdul Karim Telgi fake stamp paper scam, the Nithari killings case in 2007, and the 26/11 Mumbai terror attack case involving Ajmal Kasab.
• However, it was in 2010 that the Supreme Court delivered a ruling addressing the legality and admissibility of narco tests.
• According to the Supreme Court ruling in “Selvi & Ors vs State of Karnataka & Anr” (2010), lie detector tests should not be administered without the consent of the accused.
• The ruling emphasized that those who volunteer for the test must have access to legal counsel and be fully informed about the physical, emotional, and legal implications of the test.

Court Decisions and Examples

• The Supreme Court, relying on its 2010 ruling, rejected a petition to produce narco-test reports in the case of Aarushi Talwar, deeming it an attempt to delay the trial proceedings.
• In 2019, the Central Bureau of Investigation (CBI) wanted to conduct narco-analysis tests on a former Punjab National Bank (PNB) staffer involved in an alleged fraud case, but the manager did not provide consent.
• Last year, a Delhi court allowed a narco test on Aaftab Poonawalla, a murder suspect, after he voluntarily consented and acknowledged the potential consequences.

Legal Position before Supreme Court Ruling

• In 2006, the Madras High Court stated that scientific tests could be used by investigating agencies when the accused did not come forward with the truth, as it did not violate testimonial compulsion.
• Similarly, the 2008 Delhi High Court ruling in “Sh. Shailender Sharma vs State & Another” acknowledged the need for thorough investigations and stated that narco-analysis tests do not suffer from constitutional infirmities.

Can the results of these tests be considered as “confessions”?

• Not a confession: Because those in a drugged-induced state cannot exercise a choice in answering questions that are put to them.
• Assumed as evidence: However, any information or material subsequently discovered with the help of such a voluntarily-taken test can be admitted as evidence.
• Supports investigation: It reveals the location of, say, a physical piece of evidence (which is often something like a murder weapon) in the course of the test.

Way Forward

• Evaluate the demand and implications of narco analysis tests in legal proceedings, considering both the benefits and ethical concerns.
• Engage in a broader discussion on the forced intrusion into an individual’s mental processes and its impact on human dignity and rights.
• Explore alternative methods of gathering evidence while ensuring constitutional rights are respected and upheld.

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