Constitutionality of Narco Analysis in India

CONSTITUTIONALITY OF NARCO ANALYSIS

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AIM OF THE RESEARCH: The aim of the research is to focus over the present legal status of the narco-analysis in India. The research is focusing over some of the human rights issues as well as the constitutional law issues related to the practice of narco-analysis. The researcher has also come-up with some of the suggestions so as to stop the practice of narco-analysis in India.

SUB-HEADINGS:

Name of the Sub-heading Introduction

SUB-HEADING – 1 What is narco analysis ? SUB-HEADING – 2

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Narco analysis in India

SUB-HEADING - 3

Issues against the narco analysis Conclusion Suggestions Bibliography

CONSTITUTIONALITY OF NARCO ANALYSIS

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INTRODUCTION

Since the time immemorial the man has been dreaming to know the truth of events. A few years back, the things like “truth serum” used to be the stuff of James Bond, Cold War, CIA and KGB. It was hard to imagine that the things like the administration of sodium pentothal and admissibility of narco-analysis would have to be dealt with in the arena of law as a serious issue. Even psychoanalysts has abandoned hypnosis about hundred years back and today hypnosis or inducing a trance-like state is being looked upon as a scientific method. A debate is going on as to whether the information extracted through such processes should be admissible in courts. “Violence of jurisprudence as a concept refuses to see law as an antithesis to abuse of power and violence. The dichotomy between law and violence is false when examined because there is an awesome physical force that law deploys….(and) law becomes an integral part of the organization of state violence”.1 The investigating agencies are of the view that as all crimes takes place in a person‟s mind before they are executed, by investigating the mind of an accused, with or without consent, would help investigation process. In this way a new jurisprudence is being created which permits of what...