Literature review 

Journal: POLYGRAPH AND NARCO TEST IN INDIAN EVIDENCE LAW THROUGH

CASE LAWS 

Citation: International Journal of Pure and Applied Mathematics Volume 120 No. 5 2018, 125-
145 ISSN: 1314-3395   

In this paper authors discussed the topic in two parts one is discussing about Narco analysis test
under Indian Evidence Act and its constitutional validity and in the second part Polygraph test
under Indian Evidence Act and its constitutional validity. The author started the topic by the
inferring the definition of narcos  which is derived from the greek word “narkes” which means
Anesthesia or Torpor. Author clearly explained the need for narco analysis by explaining with
U.S case laws of Frye and dubert case. Author differntiated the advantages and disadvantages of
the narco analysis in proper manner. Author explained the validity of narco analysis from the
perspective of evidence and constitution by referring supreme court judgements Santokben
Sharma Bhai Ladeja v. State of Gujarat, Dr. Rajesh Talwar and Another v. Central Bureau
Investigation through its Director and Other, Rojo George v. Deputy Superintendent of Police,
Dinesh Dalmia v State.

In the second part authors explained about the validity of polygraph test, procedure to be
followed, its constitutional validity by citing case laws such as selvi vs state of karnataka in
which it was stated by the court that the consent of the accused is mandatory before conducting
the test. Authors cited the cases in which polygraph test was conducted such as shivani bhatnagar
murder case, Nithari and mumbai serial killing cases.

At last authors suggested that Narco analysis and polygraph test must be conducted in rape cases
and Judiciary should make proper guidelines and put restriction on police power while
conducting the test.
Author: Gautam Bhatia

Article title: PRIVACY AND THE CRIMINAL PROCESS: Selvi vs state of karnataka.

Url: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3166849

In this article author introuced the topic by referring to the arrest of arun ferraria in which he was
arrest by testimony given by abdul karim telgi, accused terrorists and alleged naxalite by using Truth
serum i.e Narcos. But later he was acquittted of all charges.It was contended that three of the most
prominent interrogation techniques – narco-analysis, the lie-detector test, and brain-mapping –
violated an accused person’s right against self-incrimination under Article 20(3), and her right to life
and personal liberty under Article 21 of the Constitution. Author explained Two models of criminal
process i.e.., Crime control model and Due process model by referring to the 1964 article of american
jurist herbert packer. Author linked Selvi’s case with due process model by referring american
judgements and given a detailed analysis of Article 20(3) of constituition. Author restricted his article
to constitution and gave little reference to evidence act and Crpc.

Author gave a detailed analysis on Self incrimination and common law jurisprudence of
voluntariness and its development along with case laws.

Title: NARCO ANALYSIS AND PROTECTING THE RIGHTS OF THE ACCUSED

Authors: Ananthi S Bharadwaj, Sumithra Suresh

Citation: Ananthi S. Bharadwaj & Sumithra Suresh, Narco Analysis and Protecting the Rights of
the Accused, 4 NALSAR Stud. L. REV. 121 (2008).

This paper discusses about narco-analysis in indian legal system and its constitutionality in
relation to Articles 20(3) and 21, as well as its legislative penalties under the Code of Criminal
Procedure, were the key issues discussed. The paper also promotes the use of narco-analysis as a
viable alternative to the forensic use of third-degree approaches. The researchers have also
suggested a model that includes guidelines to promote its productive and legal use.
Authors explained procedure conducted duting narco analysis and list down other tests which is
used in extracting truth. Author elucidated that Narco analysis is not health hazard with proper
reasons. Author discussed the veracity of the results by citing a 1964 american article and
opinions of scientist like B.M Mohan.

Constituitional validity is questioned and discussed that informed consent is prerequisite. A

comparision with the stance of U.S with regard to self incrimination. Human rights and ethical
quentions were discussed. Authors suggested a model for the proper implementation for usage of
Narco analysis and brainmapping tests. They suggested narco analysis is to be treated as a 'last
resort' investigative technique. This technique is not to be viewed as a replacement of the
existing methods of investigation recognised by the criminal procedural laws.They suggested the
Human rights guildlines for lie detector should be followed and enumerated them in aproper
way. Other recommendations will be clearly discussed in the project. They expressed their
opinion for the amendment in Crpc regarding these tests.

Paper : EVIDENTIARY VALUE OF FORENSIC SCIENCE WITH SPECIAL REFERENCE

TO NARCO ANALYSIS TEST.

In this paper author started the topic by substantiating the importance of science and technology
in the process of investigation. Narco Analysis test can be effective as an alternative to barbaric
third degree methods case however must be taken to ensure that this procedure is not misused or
abused by investigating officer and should be co-related with corroborative evidence.

Meaning and Historical Prospectives of Narco-Analysis Test of was explained in this project.
Narco analysis was rather unheard in India till recent past. It was first used in 2001 in Godhra
Carnage probe.

Utility of Narco analysis in Investigative and Judicial Processes was discussed. The scientific
tests may be employed in two ways, that is, they may directly be used as evidence in court in a
trial or they may be used merely as clues for investigation. The application of narco-analysis test
involves the fundamental question pertaining to judicial matters and also to human rights. The
legal position of applying this technique as an investigative aid raises issues like encroachment
of an individual's rights, liberties and freedom. Another thing is that, this test also goes against
the maxim "Norno Tenetur se Ipsurn Accusare"- which means, no man not even the accused
himself can be compelled to answer any question, which may tend to prove him guilty of a
crime, he has been accused of.

Section 3 of Evidence act was taken. Definition of Evidence defines 'evidence'. Questions arise
whether any answer received as a result of Narco analysis test would be 'evidence' or not.
Perhaps such answers or statement would not form part of 'evidence' unless it satisfies some
other test. It must be made clear that if any statement has been permitted, or required by the
Court it does not become admissible in evidence, Court admit or may not admit It. Admissibility
would depend upon number of factors.

Author also criticized the test of Narco analysis with help of case laws.

Paper: Constitutionality and evidentiary value of narcoanalysis, polygraph & BEAP tests

Author:Dr. Dharmendra kumar singh

Citation: International Journal of Law ISSN: 2455-2194, RJIF 5.12 Volume 3; Issue 4; July
2017; Page No. 84-89

This study provides in brief the method and historical perspective of Narcoanalysis, Polygraph &
BEAP tests technique. The main aim of this study is to analyze the evidentry value, legality and
Constitutional validity of Narcoanalysis, Polygraph & BEAP tests in India. The study’s emphasis
is to search the nature and scope of Narcoanalysis, Polygraph & BEAP tests in the light of the
Constitution of India and Cr.P.C. provisions. The paper also described the judicial trend and
analyzes the power of Court to order Narcoanalysis, Polygraph & BEAP tests technique in India.
The essential feature of leading case Selvi v. State of Karnataka is presented in the paper with
National Human Rights Commission guidelines.