Narco test illegal, violates fundamental right: SC
In a major blow to investigation agencies, the Supreme court of India on may 5 declared use of narco test as 'illegal'. These include whole gamut of tests such as narco-test, brain mapping and polygraph in it.
IN A major blow to investigation agencies, the Supreme court of India on May 5 declared use of narco tests on suspects as 'illegal'. The Supreme Court directive includes whole gamut of tests such as narco-test, brain mapping and polygraph. A bench headed by Chief Justice K G Balakrishnan said, “ We are of the considered opinion that no individual can be forced and subjected to such techniques involuntarily, and by doing so it amounts to unwarranted intrusion of personal liberty. “
The SC said involuntarily subjecting an accused, a suspect or a witness to such techniques violates Article 20(3) of the Constitution, which prohibits self incrimination.
The court further said, it violates the scheme of legal process, it said even if a person is subjected to such mode of investigation on consent, the result of the test cannot be an admissible piece of evidence.
Narco test, popular as truth serum is psychoactive medication used fro obtaining information from the suspects who are unwilling to to provide it otherwise. As per International laws, this form is classified as torture.
The first evidence of Narco test is documented in Dr. William Bleckwenn in 1930. But it is still in use in some parts of world and India is one of them. Today's SC verdict will definitely affect the investigation mechinary who heavily rely on this mode of information gathering.
The chemical substance that are used for altering the cognitive function of the subject are ethanol, scopolamine, 3-qiinuclidinyl benzilate, temazepam and various barbiturates including sodium thiopental(pentothal).
But the effectiveness of this mode of narco test have always been questioned by the medical fraternity. According to popular medical thoughts, information obtained under the influence of Truth Serum can be unreliable, the subject may mix fact and fantasy in that context.
So the mute question is if there is so much apprehension and doubt about the narco test, then why this kind of test?
What do you think about it........narco test is a torture or not?
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