Narco

Narco Analysis from Constitutional & Legal Stand Points

Abstract

One of the most fascinating issues arising in the arena of narco analysis test done is the interface with the fundamental rights of the citizens of our country. The case note discusses about the recent decision given by the SUPREME COURT OF INDIA which casts light on precisely these issues and lays down the parameters for the future development of jurisprudence in this area. My interest in narcoanalysis test was revived when it caught the attention of media and critics thereby raising several issues regarding its validity as a scientific tool of investigation and its admissibility in court of law. The test led to the infringement of individual fundamental rights and people started questioning its value as evidence. The issue of using Narco analysis test as a tool of interrogation in India has been widely debated. The extent to which it is accepted in our legal system and in our society is something which became clear after the judgment of smt selvi and ors. Versus state of Karnataka. It is significant that, in recent years, there had been increasing and often unproductive recourse to coercive narco and brain-mapping tests in a number of high-profile cases, though this case, by making a landmark judgment in Indian judiciary also showed the sacrosanct nature of fundamental rights governing our country.

Selvi and ors. v. state of karnataka

State Bombay v. Kathikalu,

Nandini Sathpathy vs P.L.Dani

M.P.Sharma v. Satish Chandra

Bombay v Kathi Kalu Oghad

The above mentioned cases are used to analyse issue to reach to a conclusion that whether Narco analysis is constititutional or not as well as whether it is violating the Human rights or not.To analyse the issue of human rights this research paper also discuss status of Narco Analysis in different legal system of World.

Abhishek kumar

Symbiosis Law School

Constituent of Symbiosis International University