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The Constitutional Legitimacy of Narco-Analysis: An Analysis of Article 20 (3)

Author: Karun Sanjaya, Advocate, Kerala and Alumnus of Cochin University of Science and Technology, Kerala, India

ABSTRACT Though a crime-less society is practically impossible to achieve, it is always desirable to bring about an equity-based criminal justice system to move towards a criminal-less society. The conventional method of investigating and interrogating criminals cannot always bring about a successful solution. This necessitates dependence on some newer techniques such as narco-analysis, brain mapping etc. The growth of science and technology is happening at lightning speed. The legal system has to cope-up with the growing technology. The criminal justice system cannot be said to have unused the fruits of science and technology. The introduction of new techniques like narco-analysis, brain mapping and polygraph test have simplified the investigation and crime detection process. The paper attempts to analyze the legality of techniques such as narco-analysis, in criminal investigation. Narco-Analysis is one of the major scientific tools of interrogation. In the present era where crimes rates are uncontrollably increasing, these types of scientific techniques render a lot of help to the investigative agencies. Undoubtedly it could be argued that even today Narco-Analysis is used as an interrogative tool by the investigative agencies even after the apex court’s decision in Selvi v State of Karnataka. This mandates further scrutiny on the topic. The study analyzes Article 20 (3) of the Constitution and its impact on conducting narco-analysis or like tests on individuals. The paper shall delve into the basics of narco-analysis and the interplay between Article 20 (3) of the Constitution and narco-analysis. The same shall be looked into with the help of judicial precedents.

Keywords: Technology, Narco-Analysis, Interrogation, Article 20 (3), Precedents.

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