Experts & Views
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
threads most popular
thread most upvoted
comment newest
first oldest
first
very nicely put forth.
the whole issue about Narco Analysis has been put in perspective in a very nice way by you.
really nice yaar....
keep it up...
happy blogging :-)
I am reminded of a quotation which Justice Krishna Iyer had quoted in Nandini Satpahty case:
"The technology of torture all over the world is growing ever more sophisticated-new devises can destroy a prisoner's will in a matter of hours-but leave no visible marks or signs of brutality. And government-inflicted terror has evolved its own dark sub-culture. All over the world, torturers; seem to feel a desire to appear respectable to their victims.... "
Moreover, having had done research on Narco Analysis a couple of years ago, I saw so many cases where there was no prima facie case against the accused and yet the Courts have allowed narco analysis to be conducted.
Lastly, lets not forget the stories Telgi had cooked-up during the test.
But considering that a human being is being drugged, simply because he is accused, it should be used only when needs to society far outweigh the individual's freedom. It may not be wise to allow this test in cases of murder / robbery where, despite the heinous nature of the crime, the “accused” should not be subjected to drugs and discomfort simply because he is suspect.
One should bear in mind that it is all fine to philosophize in the living room but in police custody, the unthinkable happens despite us living in a democracy. So, it is necessary that (1) the accused be given the benefit of doubt, (2) the State bearing the burden to prove guilt beyond reasonable doubt and (3) narcoanalysis like tools be used only when the needs of the society far outweigh individual rights.
Even if Telgi did cook up something, at least the effort was made. And also, we don’t know if the test was administered correctly (chemicals are difficult to beat unlike a polygraph). And I am not talking w/o doing technical and legal research on the point.
Furthermore, need I even remind you about Article 20? No person can be compelled to be a witness against himself. By taking away a person's right to voluntarily refuse to answer a question, you are in effect, robbing him of his rights. What sort of a criminal justice system does that?
Boss ... it may not be admissible in evidence, but a narco can facilitate the gathering of evidence that can be admitted. Not that I am supporting narco here as my post at #3 will indicate. However, to provide some clarity on the Art. 20(3) issue, the whole thing has been debated in light of the judgements in Kathi Kallu Oghad and Nandini Sathpathy.
The "right" of not having to self-incriminate oneself has to be balanced with the need of the society and in CERTAIN cases, where need of the society FAR outweighs the rights of the individual, courts do allow narco to help investigation and gathering of evidence.
This is # 3 btw.
PS: An interesting point ... USA passed the Patriot Act post 9/11 using which many "suspects" were tortured (leave aside a simple narco). Not that I am drawing support from that to justify narco ... I deplore both Patriot Act and narco being randomly used to ease the State's burden of proving guilt beyond reasonable doubt. I thought this would be interesting, that's it.
And I was about to add the part about Narco Analysis not being completely reliable, with the effect depending upon individuals and their experience (resistance to barbiturates) with barbiturates.
Speaking from a philosophical point of view, IF narco-analysis could be/was a 100% effective and accurate method of detecting truth, then I think all individuals should have been administered this and perfect justice in light of perfect evidence (along with motives!) could have been achieved. However, as rightly pointed out by #3, this is not the case.
For some reason-one for which I have no defense-I do support strong anti-terrorism laws and do think an individuals privacy can be sacrificed for the greater benefit, however, once caught and once the trial begins, the incompetency of the prosecution and the policing agencies should not be leveled by the judiciary using techniques such as narco-analysis, where the offender all but admits to his crimes (and perhaps at times even admits to his crimes!). This, I believe, amounts to "cheating"!
threads most popular
thread most upvoted
comment newest
first oldest
first