Saturday 27 October 2012

Emedinews:Insights on MEdicolegal Issues:No Narcoanalysis without valid consent, rules Supreme Court of India

(Dr Sudhir Gupta, Additional Prof, Forensic Medicine & Toxicology, AIIMS)


The most exhausting/frustrating and laborious parts of a criminal investigation are extracting information from uncooperative accused persons and suspects by investigators in India as well as abroad. Since no individual should be forcibly subjected to any of these techniques of interrogation in question, whether in the context of investigation in any criminal cases or otherwise. The narcoanalysis test began to be used with a presumption that it provides a simply, nonviolent method of finding out the truth. In a world where until quite recently, torture was employed in criminal cases, perhaps narcoanalysis is a simple, civilized way of conducting criminal investigation. • The Supreme Court of India said that so–called narcoanalysis, brain mapping and polygraph tests cannot be conducted on any person without their consent. • The apex court further said the confession of guilt during the course of the tests can’t be treated as evidence in court.

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