Treatment of Scientific Tests by Indian Judiciary: A Dilemma between Ineffective Theory and Despiration to Effectivize the Criminal Investigation System

Abstract

The narco analysis test is based on the principle that a person is able to lie using his imagination and, under the influence of certain barbiturates, this capacity for imagination is blocked or neutralized by leading the person into a semiconscious state.

As these scientific tests involve application of advanced technologies, there is a need for well framed rules and laws for the conduct of these tests under Criminal Law of the country.At the same time it should be taken care of that the Legal System should imbibe developments and advances that take place in science as long as they do not violate fundamental legal principles and are for the good of the society. The criminal justice system should be based on just and equitable principles.

In spite of the fact that Narco Analysis is “not so reliable” method, its significance and necessity in the present scenario cannot be in any way negated but yet it has its own controversies and concerns. On the one hand with the scientific advancement methods, like Narco Analysis, provide an effective and direct investigation in to the core of the case but on the other hand the test directly attacks the fundamental right enshrined under art 20(3) and the extended meaning of art 21 of the constitution. So the extent of its significance and application needs to be settled. Supreme Court has not yet come out with any concrete decision on the point. This article analyses the significance of Narco Analysis as an aid to criminal investigation and various issues, like constitutional, human rights and ethical, related to it.

Keywords: Evidence, Narco Analysis, Constitution of India