Recently, protesting wrestlers at Jantar Mantar expressed their willingness to undergo a narco analysis test, provided it was monitored by the Supreme Court. This raises the question: what exactly is a narco test?
Understanding Narco Analysis Test
A narco analysis test involves the injection of a drug called sodium pentothal into the body of the accused. This drug induces a hypnotic or sedated state, effectively neutralizing the imagination of the person. In this state, it is believed that the accused is incapable of lying and is more likely to reveal true information. Sodium pentothal, also known as sodium thiopental, is a fast-acting anaesthetic used during surgery to sedate patients. It belongs to a class of drugs called barbiturates, which act as depressants on the central nervous system. Due to its perceived ability to weaken the subject’s resolve to lie, sodium pentothal is sometimes referred to as a “truth serum.”
Contrasting Narco and Polygraph Tests
It is important not to confuse narco tests with polygraph tests, as they serve similar purposes but work differently. In a polygraph test, instruments such as cardio-cuffs or sensitive electrodes are attached to the suspect to measure physiological responses. These responses, including blood pressure, pulse rate, respiration, sweat gland activity, and blood flow, are monitored during questioning. The assumption is that these physiological responses differ when a person is lying compared to when they are telling the truth.
Supreme Court’s Ruling on Narco and Polygraph Tests
The Supreme Court of India addressed the issue of narco and polygraph tests in its 2010 ruling in the case of “Selvi & Ors vs State of Karnataka & Anr.” The court declared that no lie detector tests should be administered without the consent of the accused. Individuals who voluntarily agree to undergo such tests must have access to legal counsel and be fully informed about the physical, emotional, and legal implications of the test by the police and their lawyer.
The court stressed the importance of following the guidelines for the administration of polygraph tests established by the National Human Rights Commission in 2000. These guidelines emphasize that the tests cannot be conducted without the subject’s consent, which must be obtained before a Magistrate, and that the police cannot independently decide when to administer the tests.
Evidentiary Value of Narco and Polygraph Tests
The results of narco-analysis tests are not considered confessions, as individuals in a drugged-induced state cannot exercise their choice in answering questions. However, the 2010 Supreme Court ruling clarified that any information or material subsequently discovered as a result of voluntary administered test results can be admitted as evidence in accordance with Section 27 of the Evidence Act, 1872.
For example, if an accused reveals the location of a physical piece of evidence, such as a murder weapon, during a narco test, and the police subsequently find that specific piece of evidence at that location, the accused’s statement will not be treated as evidence, but the physical evidence itself will be valid.
Important Points:
- Narco analysis test 🧪: Involves injecting sodium pentothal to induce a hypnotic state. Accused is expected to reveal true information. 💉💭
- Polygraph test 📊: Measures physiological responses to determine if a person is lying. Variables include blood pressure, pulse rate, respiration, sweat gland activity, and blood flow. ⚖️🔎
- Supreme Court ruling on lie detector tests 🏛️: Consent of the accused is necessary. Accused must have access to legal counsel and be informed about the implications of the test. Guidelines by National Human Rights Commission must be followed. 👥📜
- Evidentiary value of narco and polygraph tests 📑: Results of narco tests are not considered confessions. However, information or material discovered as a result of voluntary tests can be admitted as evidence. Section 27 of the Evidence Act, 1872, is relevant. 📚🔒
- Distinction between narco and polygraph tests ❌✅: Narco test involves injecting drugs to neutralize imagination, while polygraph test measures physiological responses. Different methods, same truth-seeking motive. 🚫✨
- Limitations of narco and polygraph tests ⚠️: Narco tests do not allow the accused to exercise choice, and polygraph tests are based on assumptions about physiological responses. Reliability and admissibility in court are subject to debate. ❓🤔
Why In News
Protesting wrestlers at Jantar Mantar voiced their willingness to undergo a narco analysis test, asserting their confidence in its accuracy, under the condition that the procedure was closely monitored by the Supreme Court, ensuring utmost transparency and fairness.
MCQs about Narco Analysis and Polygraph Tests
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What is the purpose of a narco analysis test?
A. To induce a state of hypnosis in the accused
B. To detect physiological responses when lying
C. To administer truth serum for accurate information
D. To measure blood pressure and pulse rate during questioning
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How do narco and polygraph tests differ?
A. Narco tests use sensitive electrodes, while polygraph tests use drugs.
B. Narco tests induce a hypnotic state, while polygraph tests detect physiological responses.
C. Narco tests measure blood pressure, while polygraph tests measure sweat gland activity.
D. Narco tests require consent, while polygraph tests are mandatory for all suspects.
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According to the Supreme Court ruling, what is the requirement for conducting lie detector tests?
A. Consent of the accused and access to legal counsel
B. Approval from the police and adherence to police guidelines
C. Authorization from the National Human Rights Commission
D. Examination by a magistrate and police supervision during the test
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What is the evidentiary value of narco and polygraph tests?
A. The results can be treated as confessions in court.
B. The accused’s statement is valid evidence in court.
C. Only the physical evidence discovered is considered valid.
D. Both the test results and physical evidence are admissible in court.
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