top of page

Narcoanalysis In Criminal Investigation: A Conflict Between Truth-Seeking And The Right To Fair Investigation And Privacy Under Article 21




Santhosh, The Central Law College, Salem, Tamil Nadu


ABSTRACT


Narcoanalysis, together with allied scientific interrogation techniques such as the polygraph (lie-detector) test and the Brain Electrical Activation Profile (BEAP), has been employed by Indian investigating agencies as a supposed aid to uncovering the truth in criminal cases. While proponents present these methods as valuable investigative tools capable of cutting through an uncooperative suspect's silence, their involuntary use raises serious constitutional concerns chiefly, the right against self-incrimination under Article 20(3) and the right to life, personal liberty, privacy, and fair investigation under Article 21 of the Constitution of India. This paper traces the scientific and legal nature of narcoanalysis, surveys the trajectory of Indian High Court and Supreme Court jurisprudence culminating in Selvi v. State of Karnataka, identifies the constitutional, procedural, and scientific problems the technique generates, and evaluates existing regulatory gaps. It then proposes a set of legal and legislative reforms designed to reconcile investigative utility with constitutional fidelity. The study adopts a mixed- methods design, combining quantitative analysis of reported judicial and forensic-practice trends with qualitative doctrinal analysis of constitutional text, case law, and comparative jurisprudence, in order to arrive at a balanced and implementable set of conclusions.


Keywords: Narcoanalysis, Article 21, Article 20(3), self-incrimination, right to privacy, fair investigation, criminal procedure, forensic science, Selvi v. State of Karnataka



Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

Submit Manuscript: Click here

Licensing: 

 

All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

Disclaimer:

The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

bottom of page