New Delhi: The court of Additional Chief Judicial Magistrate, Delhi… Sealdah Refused CBIRequest for narco-analysis sanjay royRoy, the prime accused in the RG Kar rape and murder case, had refused to give his consent. The agency had earlier conducted an investigation as well. polygraph test On Roy.
On Friday afternoon, the CBI brought Roy to Sealdah jail. ACJM Court After discrepancies were found in his statements during the last two days of questioning, Roy was called to the magistrate’s chamber, where he gave his statement in private while his lawyer and the CBI lawyer waited outside.
Earlier, Roy was briefed about the narco-analysis procedure, in which drugs are administered intravenously and he has to go through various stages. unconsciousnessThe CBI opted to subject Roy to narco-analysis due to inconsistencies in his statements.
What is an AI test?
➤ The process requires the administration of intravenous drugs known as ‘truth-serum’, such as sodium pentothal, scopolamine and sodium amytal directly into the bloodstream. This drug, commonly used to induce a state of general anesthesia during surgical operations, causes the individual to experience a hypnotic trance-like state. As a result, during the hypnotic phase of narco-analysis, the individual becomes more relaxed and less restrained in his behaviour and reactions and is more likely to reveal information that would not be revealed in the conscious state.
➤ The use of narcotics and hypnotic techniques (truth-serums) for interrogation has a long history. Predecessors of the current narco analysis method used drugs such as scopolamine and sodium amytal. These substances were used in an attempt to induce a state of high suggestibility and low inhibition in subjects, with the aim of obtaining truthful statements or confessions. However, the reliability and ethical implications of such practices have been widely debated.
➤The term ‘truth serum’ was coined as a result of the application of the ‘scopolamine’ method. Over time, sodium amytal injections became a popular means of encouraging subjects to speak openly, especially in the field of psychotherapy practice.
what is it used for?
➤The drug-induced hypnotic state is valuable to investigators because it increases the likelihood that the subject will reveal information.
Is ‘Truth Serum’ admissible in court?
➤In the landmark case of ‘Selvi and others vs State of Karnataka’ decided in 2010, the then Chief Justice of India KG Balakrishnan gave a landmark judgment regarding the use of certain investigative techniques, saying that no person should be subjected to these techniques “forcibly”. The Supreme Court ruled that the use of narcoanalysis, brain mapping and polygraph tests on suspects without their consent is unconstitutional.
The judgment clearly stated that no person should be forced to undergo these methods against his or her will, whether during a criminal investigation or in any other context. The Court determined that these methods violate the “right against self-incrimination” guaranteed under Article 20(3) and the “right to privacy” protected by Article 21.
➤The results of a test performed on a person, even with his or her consent, cannot be admitted as evidence in court. This is because the person does not have conscious control over his or her responses during the test. Nevertheless, any subsequent discovery, information, or material obtained as a result of the test can be introduced as evidence.
It is important to note that although the test results themselves are not admissible, they may be helpful in uncovering relevant information or material that can be used in legal proceedings. This distinction is important, as it allows for the use of valuable insights gained from testing without relying on the test results as direct evidence.
➤It was held that while administering the ‘Narco Analysis Technique’, it is necessary to comply with the guidelines issued by the National Human Rights Commission in 2000, titled “Guidelines for Administration of Polygraph Test (Lie Detector Test) on an Accused”.
The court held that these techniques violate the ‘right against self-incrimination’ under Article 20(3) of the Constitution and the ‘right to privacy’ under Article 21. The final decision was that any evidence obtained by these methods without voluntary consent could not be admitted in court, setting a powerful legal precedent regarding the admissibility of evidence and the protection of personal liberty in India.
What are the stages of testing?
The test consists of four phases: the pre-test interview, the pre-drug phase, the quasi-drug phase, and the post-drug phase. A team of professionals is present during the procedure, including a forensic psychologist, an anesthesiologist, a psychiatrist, a general practitioner or other medical staff, and a videographer records the proceedings.
Roy’s lawyer, Kabita SarkarHe argued that despite claims of narco-analysis being safe, it cannot be fully relied upon. “The chances of returning to normal life after the test are very slim,” he said.
