by BostonPhotoSphere

“Is it really that everyone is equal in the eyes of law?”Advocate Arjumand yaqoob Beigh comments on the controversial Narco-analysis test.

               The use of Narco-analysis test is increasing with time. The Judiciary, the Governments has showed their support to the test. But many a times a question crops up in relation to narco- analysis test and that is whether the said test is constitutional in the light of self incrimination. As science has outpaced the development of law, there is unavoidable complexity regarding what can be admitted as evidence in a court of law. Narco-analysis is one such scientific development that has become an increasingly common term in India.

           What is the Narco-analysis test? Let us take a quick look over this much talked about test. Narco-analysis is a technique of using drugs for the purpose of investigation. This is also known also ‘Truth Serum’ test. According to Webster’s dictionary, the word narco-analysis had its origin in the 20th century and is coined from Narco + Analysis. It means physcoanalysis using drugs to induce a state akin to sleep.

          The Narco analysis test is conducted by mixing 3 grams of Sodium Pentothal or Sodium Amytal dissolved in 3000ml of distilled water. Depending on the person’s age, sex, health and physical condition, this mixture is administered intravenously along with 10% Dextrose over a period of three hours with the help of an Anaesthetist. The rate of administration is controlled to drive the accused slowly into a hypnotic trance. The effect of the bio-molecules on the bio-activity of an individual is evident as the drug depresses the Central Nervous System (CNS), lowers blood pressure and slows the heart rate, putting the subject into a hypnotic trance resulting in a lack of inhibition. The important thing to note here is that wrong dose can send the subject into coma or even it can result in death.

          There was a detailed discussion on the topic of narco analysis in the case of US v Solomon[753 US F.2d.1522(9th circular 1985) 1985]. The expert opinion given to the court in the said case established that the truth serum is generally accepted as an investigative technique.

          The decision to conduct narco-analysis is usually made by the Superintendent of Police or Deputy Inspector General handling a case.

          According to Article 20(3) of the Constitution of India,” No person accused of any offence shall be compelled to be a witness against himself”. This Article embodies the general principles of English and American Jurisprudence that no one should be compelled to give testimony which may expose him to prosecution for crime. The cardinal principle of criminal law is that an accused must be presumed to be innocent till his guilt is proved. It is the duty of the prosecution to prove the offence. The accused need not make any admission against his free will. This right against self-incrimination prohibits all kinds of compulsions against an accused to make him a witness against himself.

          Protection against self- incrimination was instrument for the protection of the innocent and not intended for the acquittal of the guilty.  The framers of the Bill of Rights believed that the rights of the society were paramount to the rights of the criminal, which in current scenario determines the constitutionality of the much controversial narco – analysis or truth serum test. With the same belief, the principle was applied in a spate of high profile cases such as those of Nithari killers, the Mumbai train blasts, Arushi murder case, Malegaon blasts and the most recent Mumbai blasts case suspects have been made to undergo narco-analysis test, drugged with Sodium Pentothal.

          Narco-analysis is carried out only after a detailed medical examination of an accused. If the accused is found medically fit to undergo the procedure,

then only it will be done, otherwise not. There has been an argument that Sodium pentothal or sodium Amytal is a barbiturate that has ill effects on the body. But in spite of this the Judiciary and the Government have upheld and supported the practice. The Supreme Court has also held that right to life includes right to health but subjecting a person to a scientific test as part of investigation will not amount to denial of health. Therefore it will not amount to denial of reasonable and just procedure which is the utmost requirement of Ariticle 21 of the Constitution of India.

          Narco-analysis test or Truth Serum administration suffers from certain major drawbacks:-

The person to administer them has to be a highly qualified physician.
It is always difficult to determine the correct dosage of the drug, which not only varies according to the physical constitution of the subject but also according to his mental attitude and will power. A wrong dose can send a subject into coma or even cause his death thus resulting in legal complications.
If the subject is an abuser of other intoxicants or narcotics, narco analysis could fail to disinhibit them on account of the property of “Cross tolerance” between Sodium Pentothal and other intoxicants. Thus, the subject could fake the state of semi-consciousness and tell lies, which are useful to him.

All these drawbacks cast a serious doubt on the reliability and legal validity of the narco-analysis test and hence this procedure is claimed by some persons as not fair and reasonable procedure.

Some studies done by various medical associations in the US adhere to the view that the truth serums do not induce truthful statements and subjects in such a condition of trance under the truth serum may give false or misleading answers e.g. in the case of Townsend V Sain[372 US 293(1963)],it was held that the petitioner’s confession was constitutionally inadmissible if it was adduced by the police questioning during a period when the petitioner’s will was overborne by a drug having a property of a truth serum.

Amid all these drawbacks and controversies the truth serum test holds its justification well within the ambit of the Constitution of the country and the Apex court has held in a number of judgements that the said test is not violative of the Article 20 and 21 of the Constitution. But the Judiciary and the Government often fails to apply the same procedure to the VVIPs involved in big scams, scandals, controversies and corruption. No person is above law and everyone is equal in the eyes of law. If the narco-analysis test is reasonable then it must be made mandatory for all cases including VVIPs. In various cases, scams involving VVIPs case drag on for years. Public money is wasted through waste of deliberations of the house (Parliament, Legislative Assembly), waste through constitution of Parliamentary Committees, Judicial commissions. Why not all those VVIPS accused of involvement in scams are subjected to narco analysis test so that L.K. Advani and Murli Manohar Joshi will tell about Babri Masjid Demolition, Sonia Gandhi family will tell about Bofors, George Fernandez about Tehelka, P.V Narsimha Rao about Jain Diary forgery case, Sukhram about Telecom Purchases, Laloo Prasad Yadav about fodder scam, Lalit Modi and Shashi Tharoor about IPL controversy, Suresh Kalmadi about Commonwealth Games Controversy and so on. The list of the scam tainted VVIPs will go on but the big question regarding application of the narco analysis test on them remains unanswered, thus violating the Article 14 of the constitution of the country that demands equality on all fronts. Now you answer my question “Is everyone equal in the eyes of law?”

Find More The Constitution Articles