Narco tests: The Rights and Wrongs

We have seen the futility of these test made in Arushi Murder Case. According to some experts – persons who have been administered these chemicals can often repeat the interrogators’ words and cues or freely fantasize.

On May 6 th May, 2010 in an article published on Merinews, citizen journalist Subhash Chandra has written as following:

Gautam Swarup of “Nalsar University of Hyderabad” argues In his paper : “The right against Self Incrimination when it applies is an ABSOLUTE RIGHT and is subject to no exception.”

A very fine line has to be drawn to limit the power of State in attempting to acquire such incriminating confessions and prevent abuse of its undisputed power in course of the same.

The contention here is that torturing of a person to extract information from him has been restored to by law enforcement agencies as a convenient, fast and direct method of investigation to bypass the expensive and arduous process of lengthy investigation.

We have accepted this mode of investigation as a way of life as long as the accused is a weak non-entity and a petty criminal. Now, as the new technologies like narco-analysis, brain-mapping, and polygraph tests are making their way into scientific investigations, both the criminals or non-criminals, all are compelled to loosen their tongue during interrogation.

Before the recent Supreme Court judgment it was becoming a fashion to extract the information Chemically without the subjects explicit consent.

Narco Test has acquired popularity off late. Lie Detection and Polygraph Test serial “Sach ka Samna” had put the Reality T.V. shows in India on fire. The Narco-Analysis test is conducted by injecting three grams of sodium pentothal dissolved in water. It is designed to push the suspect towards a hypnotic twilight state where they are questioned several times over to sort out the ambiguities.

It is interesting to know that confessions elicited out through these methods are not admissible as evidence in court.

We have seen the futility of these test made in Arushi Murder Case. According to some experts – persons who have been administered these chemicals can often repeat the interrogators’ words and cues or freely fantasize.

It is a general view that no matter how much more sophisticated the technology used now, it is still a coercive and manipulative investigation tactic, and one that has been rightly regulated by our courts.

Naim Naqvi

Naim Naqvi

Did his graduation in Science discipline from AMU in 1972-73. He was Secretary of University Ali Society in 1970 and M.M. Hall Literary Society in early 70 's and member of Tayyabji Literary Society. Did his Diploma in Bakery Administration from HTT College Oxford Street London in 1987. Worked with National Herald - Delhi, Blitz - Bombay as Trainee Journalist and in Production Department with 'Naya Sansar Pictures' of Khwaja Ahmed Abbas at Bombay in early 70's. Traveled for study and training purposes to Germany, U.K., Switzerland, France, Dubai, Oman, AbuDhabi, Bahrain and Philepines.

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