Narco Analysis a need of the hour
In modern times with the advent of technology and increasing knowledge of the same, the criminals are gaining a lot from it. To catch up to the standards of such technically advanced and intelligent criminals, who leave no evidence, Narco Analysis has come as a relief for the investigation agencies. It is the need of the hour to introduce innovative methods to prove the accused guilty. Since law is a living process, it should change according to the changes in society, science, and ethics and so on. The Legal System should imbibe developments and advances that take place in science so far as it does not infringe fundamental legal principles that are for the good of the society. The criminal justice system should be based on just and equitable principles. Hence, to adjudge the legality of the truth serum test is very important.
Even though Article 21 is couched in a negative language enjoys a fundamental ascendancy over all other attributes Right to life and personal liberty are compendium terms which include a variety of rights and attributes. The expanded meaning includes the right to hold a particular opinion, to sustain and to nurture that opinion
Article 21 is repository of all important Human Rights, essential for a person or a citizen and when there is a natural calamity, the State as a guardian of people is obliged to provide support to the victim to save their lives.
Narco Analysis is not used in all the cases. In selected cases where interest of society at large is involved and in other serious cases only it should be used, if necessary.
The FSL, Bangalore, has subjected more than 300 persons connected with a variety of crimes "involving organised crime by terrorist outfits, cyber crimes and other heinous crimes” from across the country, to such tests. The success rate has been 96-97 per cent as evaluated from the feedback received from investigating agencies and others. About 25 per cent of the total number of individuals subjected to Narco Analysis turned out to be "innocents". The answers are believed to be spontaneous as a semi conscious person is unable to manipulate the answers.
Article 21 is a declaration of deep faith and belief in Human Rights. In this “pattern of guarantee woven in Chapter III of the Constitution of India, personal liberty of man is at root of Article 21 and each expression used in this Article enhances Human Dignity and Values. It lays the foundation for a society where Rule of Law has primary and arbitrary or capricious exercise of power
Thus, protection against self incrimination is an instrument for the protection of the innocent and not intended for the acquittal of the guilty. The framers of the Bill of Rights believed the rights of society were paramount to the rights of the criminal. Believing in the same principle in a spate of high-profile cases, such as those of the 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, drugged with the sodium pentothal
The discovery of the truth is the desideratum of investigation, and, all efforts have to be made to find out the real culprit, because, one guilty person, who escapes, is the hope of one million. Courts have, therefore, to adopt a helpful attitude in all efforts, made by the prosecution for discovery of the truth. If the Narco Analysis and Brain Mapping test can be helpful in finding out the facts relating to the offence, it should be used and utilized and the courts should not obstruct the conduct of the exercise