Narco-Analysis And The Right Against Self- Incrimination: A Critical Study Of Constitutional Validity In India
- IJLLR Journal
- Mar 27
- 1 min read
Yafrin Ramana, Law Researcher (Punjab and Haryana High Court), Punjab, India
ABSTRACT
The use of scientific methods in criminal investigations has evolved a lot, and narco-analysis is one of the disputed methods used by Indian law enforcement agencies. Narco-analysis is a technique where certain drugs are given to a person to bring him/her into a hypnotic or semi-conscious state so that he/she may reveal the truth without being in a voluntary control. Supporters of these methods believe that they help in crime detection, while opponents raise strong concerns about fundamental rights violations. This paper assesses the constitutional legality of narco-analysis vis-a-vis the right against self-incrimination under Article 20(3) and the right to life and personal liberty under Article 21 of the Constitution of India.
Besides, scrutinizing judicial decisions, particularly the landmark judgment, Selvi v. State of Karnataka, this research analysis if forceful narco-analysis disrupts the fundamental rights and personal freedom. The paper also explores the evidentiary value of statement through such techniques and their admissibility as per the Indian Evidence Act, 1872. The study concludes that when Narco-analysiss is conducted without informed consent not only constitutes a direct infringement of constitutional rights and protections but also undermines the principles of fair trial and human dignity. There is a need for strict legal safeguards and a cautious approach towards the use of such techniques within the criminal justice system.
Keywords: Narco-analysis, Self-incrimination, Article 20(3), Article 21, Criminal Investigation, Evidence Law, Constitutional validity, Narco Analysis Test, Judicial Pronouncement.
