- Constitutionality and evidentiary value of narcoanalysis, polygraph & BEAP tests - (https://www.lawjournals.org/assets/archives/2017/vol3issue4/3-4-37-993.pdf)
- Narco-Analysis Test - (https://www.ijmh.org/wp-content/uploads/papers/v4i11/I0929054920.pdf)
- Narco Analysis And Protecting The Rights Of The Accused - (http://www.commonlii.org/in/journals/NALSARStuLawRw/2008/12.pdf)
- Supreme Court judgment on polygraph, narco-analysis & brain-mapping: A boon or a bane - (https://pmc.ncbi.nlm.nih.gov/articles/PMC3171915/)
- The Essentials of Forensic Medicine and Toxicology - KSN Reddy and OPMurty - (https://www.researchgate.net/publication/282075236_The_Essentials_of_Forensic_Medicine_and_Toxicology_-_KSN_Reddy_and_OPMurty)
- Legal Aspects And Ethical Problems Of The Use Of Narcoanalysis In Criminal Law - (https://www.ojp.gov/ncjrs/virtual-library/abstracts/legal-aspects-and-ethical-problems-use-narcoanalysis-criminal-law)
- Willing participants and tolerant profession: medical ethics and human rights in narco-analysis - (https://pubmed.ncbi.nlm.nih.gov/18754239/)
- Narco Analysis, Torture and Democratic Rights - (https://www.pudr.org/publicatiosn-files/2008-May-Narco%20Analysis,%20Torture%20and%20Democratic%20Rights.pdf)
- The Investigative Approach Of Narco-Analysis And Its Ethical Dilemmas - (https://www.ijnrd.org/papers/IJNRD2306423.pdf)
- Medicolegal and Ethical Perspectives in the Use of Narcoanalysis in Criminal Investigations in India - (https://journals.lww.com/armh/fulltext/2024/12020/medicolegal_and_ethical_perspectives_in_the_use_of.29.aspx)
About
The term Narcoanalysis is derived from Greek word NARKCA, which means anesthesia or tarpor by administering psychotropic drug to the subject (1✔ ✔Trusted Source
Constitutionality and evidentiary value of narcoanalysis, polygraph & BEAP tests
Go to source). Narcoanalysis, or a narco test, or truth serum drugs, involves administering barbiturates or other chemicals, often sodium pentothal, to lower a person's inhibitions with the aim of encouraging them to reveal information and emotions more freely. It can be defined as an investigative procedure where a person's mental state is explored following the administration of mild general anesthetics.
History of Narcoanalysis
The term "narcoanalysis" was introduced by J. Stephen Horsley, who first described it in 1943, though it gained attention as early as 1922 when Texas obstetrician Robert House used the drug scopolamine on prisoners. This technique has become prominent in forensic medicine and forensic science as a tool for investigating agencies, involving interrogation under induced narcosis. In India, narcoanalysis was first applied in 2002 during the Godhra investigation. Its use attracted scrutiny during the 2003 Telgi scam and was also employed in the 2008 Aarushi murder case.
Principle of Narcoanalysis
Narcoanalysis is based on the principle that a person lies using his imagination [inventing lies], which requires full consciousness. By inducing a semiconscious state [narcosis], his capacity to invent lying is diminished. Or "that at a point very close to unconsciousness, the subject would be mentally incapable of resistance to questioning, and incapable of inventing falsehood that he has used to conceal his guilt. In simple, it is a method that makes someone very sleepy and relaxed, so they can't make up lies easily. The idea is that when a person is in this drowsy state, they can't resist questions or think quickly enough to hide the truth. This way, they're more likely to say what's really on their mind (2✔ ✔Trusted Source
Narco-Analysis Test
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Procedure of Narcoanalysis
Sedatives and hypnotics are given to induce a state of sedation or relaxation, especially for specific tests or interviews under controlled conditions. Common drugs used include:
Anticholinergics
- BZ (3-quinuclidinyl benzilate): An odorless compound used in the military.
- Scopolamine: Used infrequently.
- Sodium Seconal
Hypnotics
- Barbiturates: Like sodium amytal (intermediate-acting) and sodium pentothal (ultra-short acting), often used in "Amytal interviews." Long-acting barbiturates are not suitable.
- Ethanol
- Temazepam
These drugs may be used individually or in combination. The process is typically performed in a laboratory setting under supervision, with dosages adjusted based on the individual's age, sex, health, and physical condition (3✔ ✔Trusted Source
Narco Analysis And Protecting The Rights Of The Accused
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Dosage Details
Scopolamine: Typically, 0.5 mg is injected subcutaneously, followed by 0.25 mg every 20 minutes for up to 3-6 injections until the desired stage for questioning is reached.
- Sodium Amytal or Sodium Pentothal: A 2.5-5% solution is administered intravenously at a controlled rate.
- Sodium Seconal: 0.1 g given 90 minutes before induction, followed by 15 mg of morphine sulfate and 0.5 mg of scopolamine bromide 45 minutes later (all three drugs can be given intravenously to save time).
Required Team
An anaesthetist, psychiatrist, forensic psychologist, an audio-video technician, and a supporting nurse conduct the procedure. The forensic psychologist compiles a report on the findings, accompanied by an audio-video recording on a compact disc (4✔ ✔Trusted Source
Supreme Court judgment on polygraph, narco-analysis & brain-mapping: A boon or a bane
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Interpretation of Results
The phrase "in vino veritas," meaning "in wine, there is truth," suggests that people often reveal their true feelings when under the influence of alcohol because it lowers inhibitions, making them more relaxed, talkative, and sometimes more honest.
In a similar way, when a person is hypnotized, they enter a calm, suggestible state where they can respond to simple questions, but they can't freely speak up or reveal more than what they're directly asked. Sometimes, even if a person is guilty, they might still not admit it under hypnosis this is called a "false negative." So, while hypnosis can help someone feel comfortable enough to talk, it doesn't mean they'll always tell the truth or give useful answers, just like when someone opens up under the influence of alcohol (8✔ ✔Trusted Source
Narco Analysis, Torture and Democratic Rights
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Medicolegal Aspects
1. Scientific Validity: Many medical experts question whether narcoanalysis is scientifically reliable. They argue that it may not provide accurate or consistent results, so its credibility is doubtful.
2. Legal Validity:
- Forced Use: International law considers the forced use of drugs to make someone speak as a form of torture. The Declaration of Tokyo also says doctors should not participate in any form of torture.
- Rights Against Self-Incrimination: In India, Article 20(3) of the Constitution protects individuals from being forced to testify against themselves. Section 161 of the Code of Criminal Procedure (CrPC) says a person cannot be forced to answer questions that might lead to criminal charges against them. Since narcoanalysis makes people answer questions that may be self-incriminating, it violates this protection.
- Legal Opinions: In 2007, a government committee found that tests like lie detectors, brain fingerprinting, and narcoanalysis are unscientific and should not be used in criminal investigations. The Supreme Court of India also ruled in 2010 that these tests cannot be forced on suspects without their consent.
3. Medical Use: Narcoanalysis has some legitimate uses in medicine, particularly for diagnosing and treating certain psychiatric patients, where it's used under controlled conditions.
4. Reliability: Studies show that narcoanalysis is not entirely reliable. A person can still lie under its influence, and an innocent person might accidentally say something that implicates them. So, it doesn't guarantee truthful or accurate answers (5✔ ✔Trusted Source
The Essentials of Forensic Medicine and Toxicology - KSN Reddy and OPMurty
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Willing participants and tolerant profession: medical ethics and human rights in narco-analysis
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Limitations of Narcoanalysis
- Some people can still lie or make things up even while hypnotized. Others might become too suggestible and say what the questioner wants them to say.
- Investigators might ask leading questions that push the person to give a guilty answer, even if they're innocent.
- The drugs used for hypnosis can cause people to see or hear things that aren't real. This can lead to them making up stories or remembering things that didn't happen.
Statements made under hypnosis aren't always voluntary or clear, making them less reliable in court (6✔ ✔Trusted Source
Legal Aspects And Ethical Problems Of The Use Of Narcoanalysis In Criminal Law
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