This article was authored by Rishika Nagpal, co-founder at Rishika Nagpal and Associates.

What is Narco-Analysis Test?

Narco-Analysis test, also known as ‘truth serum test’, is a statement made by accused or any person with the help of some scientific tools which can form a part of evidence against him. It has been used in several prominent cases like ‘Arushi Talwar Murder case’. ‘Telgi scam case’etc to apparently to extract the truth out of a person in order to resolve complex cases.

How it is conducted?

• A few of the best-known drugs that are used in the narco-analysis test are as follows:

• Seconal, 
• Hyoscine (scopolamine), 
• Sodium Pentothal, 
• Sodium Amytal, 
• Phenobarbital. 
• The most commonly used drug for truth serum tests is an anaesthetic and sedative drug, Sodium Pentothal, which when administered intravenously can make a person talkative and confessional. 
• When these drugs are injected in continuous small dosages, it might have a hypnotizing effect on a person, who responds loquaciously when questioned. 
• The narcoanalysis test is conducted by mixing 3 grams of Sodium Pentothal or Sodium Amytal dissolved in 3000 ml of distilled water. 
• Depending on the person’s sex, age, health and physical condition, this mixture is administered intravenously along with 10% of dextrose over a period of 3 hours with the help of an anaesthetist. 
• The wrong dose can send the person into a coma or even cause death. (https://byjus.com/free-ias-prep/narco-analysis/)

Criticisms on Narco Analysis Test

Major criticisms on Narco Analysis tests are pertaining to the question of admissibility of such statements in the court of law as evidence. In some of the tests it has been proved that the person under the influence of injected truth serums can also give 100% false statements. Also, in some of the cases it is also held that the statements made by the accused in the influence of these serums are violating its right under Article 20(3) of the Constitution of India as Self-incriminating statements are prohibited in order to protect the rights of the accused. It has also been mentioned in section 161 (2) of code of criminal procedure that every person is bound to answer truthfully all questions, put to him by a police officer, other than questions the answers to which would have a tendency to expose that person to a criminal charge, penalty or forfeiture.

Under which provision of Code of Criminal Procedure, 1973, the statements of the accused made in Narco-Analysis tests be recorded?

In the case of Selvi V State of Karnataka, where the accused had challenged the validity and credibility of the scientific techniques included narco-analysis, polygraphy, and brain mapping, the Hon’ble apex court unanimously held that these tests are testimonial compulsions and are prohibited by Article 20(3) of the Constitution of India. It also had laid down certain guidelines in that respect in which one of the guideline stated that-

The person in question should also be informed clearly at the hearing that the statement made in the Narco-analysis test will not be a confessional statement to the magistrate however it shall have the status of a statement made to the police.

Statements are recorded by the police officials under section 161 of code of criminal procedure. And also statements made under section 161 of CrPC are hit by section 162 CrPC. Statements made under section 161 of CrPC are not admissible in the court of law and the same principle is applied to the statements made in narco-analysis test with regards to the admissibility as well as the corroboration of evidence.

Section 161 (3) of the code of criminal procedure states that “The police officer may reduce into writing any statement made to him in the course of an examination under this section; and if he does so, he shall make a separate and true record of the statement of each such person whose statement he records.”  [Provided that statement made under this sub-section may also be recorded by audio-video electronic means:]

Statements made in narco-analysis test are videographed and are hit by the proviso of section 162 of code of criminal procedure.

Also, the 2010 ruling established that results of narco-analysis tests are not considered confessions but can lead to the discovery of valid evidence if corroborated independently.

The 2010 ruling also clarified that any information or material discovered with the help of voluntarily administered test results can be admitted as per section 27 of the Indian Evidence Act, 1872.

Last but not the least, the Hon’ble Apex court also concluded that it is essential to obtain consent and follow legal guidelines, respecting constitutional rights and human dignity during narco-analysis test.

Conclusion:

As per the guidelines laid down in the case of Selvi V State of Karnataka, it is interpreted that the statements made by the person in narco-analysis test be recorded under section 161 of code of criminal procedure and is not admissible in the court of law. It can only be used in the corroboration of the evidences.