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The Admissibility And Reliability Of Narcoanalysis, Polygraph And Brain Mapping: A Medico-Legal Appraisal




Soumyashree Sahoo, B.A. LL.B. (Hons.), University Law College, Utkal University


ABSTRACT


Scientific and technological progress has altered the nature of criminal investigation by replacing coercive techniques of torture in the third degree with more refined scientific methods of interrogation. The pivotal aspect of this development is the Deception Detection Tests (DDT) which is mainly comprised of Narcoanalysis (Truth Serum), Polygraphy (Lie Detector) and Brain Mapping (P300). These psycho-physiological devices are set to retrieve the information that is usually hidden in the data of the mind of the suspect and make it available to the investigators to offer them objective corroboration of what they see. It forms a window of connection between fundamental scientific principles and the quest after justice.


Narcoanalysis, Polygraphy and Brain Mapping are not implemented without controversy. Such practices are on the border between medical science and the law, and more often than not, there is a controversially heated discussion about the scientific accuracy and evidentiary merit of these practices. They pose great constitutional and ethical issues, especially those related to the right against self-incrimination, the right to privacy and the implications of this to the wider human-rights. This research paper is the detailed analysis of procedural specifics of these three forensic tools. Besides, it examines the constitutional imperatives that govern their utilization and argues about the legal obstacles to their admissibility in courtrooms and the need to establish an objective and fair justice system when putting up with a fast-paced technological advancement.


Keywords: Deception Detection Tests (DDT), Narcoanalysis, Polygraphy, Brain Mapping, Forensic Science, Self-Incrimination, Criminal Investigation.



Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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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.

 

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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.

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