International Journal of Law

International Journal of Law

ISSN: 2455-2194; Impact Factor: RJIF 5.12
Received: 22-10-2020; Accepted: 07-11-2020; Published: 25-11-2020
www.lawjournals.org
Volume 6; Issue 6; 2020; Page No. 119-125

Glimpse on narco analysis, polygraph and brain mapping in criminal investigation and trials
Keval Ukey
Asst. Professor (Law), Institute of Forensic Science, 15, Madam Cama Road, Mumbai, Maharashtra, India

Abstract
The basis of Indian criminal justice system is the investigation by the police. When an offence is brought to the notice of
police, it is their responsibility to investigate into the matter to find out who committed the crime, to ascertain the facts and
circumstances, to collect and present whole set of these to the court to find the accused guilty or not. But this seldom happens
in present scenario. The reason behind this is criminals have become classy, sophisticated, hi-fi and are simply cutting-edge as
they are adopting new and enhanced techniques for commission of crimes. They hardly leave any sort of evidences at the
crime site or otherwise and on the contrary police and investigation agencies are stills tuck on the longstanding tools,
techniques of investigation of crimes. Police often use third-degree torture to extract information. Consequently, custodial
atrocities, custodial deaths are on an increase. Also, where criminals leave no evidence of their alleged crimes, they escape
punishments in the absence of direct proof sufficient enough to establish the guilt. It is here that we can seek the help of
scientific evidence for effective delivery of justice as it combines both science and the law. We use a number of scientific
techniques like Nacro-analysis, polygraph, and Brain-mapping etc. The advantages of Narco Analysis, Polygraph and Brain-
Mapping are that these techniques are helpful in saving the innocents from prosecution and eliminating the use of third degree
method in criminal investigations. In addition, it has been used as a time saving techniques in trial of criminal cases by help of
trained and skilled forensic experts.

Keywords: Forensic Science, Criminal Investigations, Forensic Dimensions, Forensic Evidence, Medical Jurisprudence,
Third-degree Treatment, Torture, Indian Evidence Act, Relevant provisions of Indian Constitution, Criminal Procedure Code,
Indian Penal Code, Narco Analysis, Polygraph and Brain Mapping, Criminal Investigation and Trials.

1. Introduction an increase with leaps and bounds and all this is nothing but
Justice is the fundamental object of law. Speaking a big blow on the ‘Rule of Law’. Also, where criminals
particularly about criminal law, it contains a set of rules for leave no evidence of their alleged crimes, they escape
the maintenance of social order in society where change is punishments in the absence of direct proof sufficient enough
constant. Whether one examines the legal socialization to establish the guilt. Moreover, where the victims turn
process, the judicial process or the criminal justice process hostile there is no way left for the judiciary except to give
and the concerns about justice pervades in all these areas. accused benefit of doubt and set him free which results in
Of all the branches of law governs every aspect of a man in incarnation of criminals and loss of faith in criminal justice
a civilized society still criminal law is one that specific system of victim, victim’s family and society at large.
branch that has contact with an individual in his everyday It is here that we can seek the help of scientific evidence for
routine. Yet the position of Indian criminal law is not effective delivery of justice as it combines both science and
satisfactory. The basis of Indian criminal justice system is the law. We use a number of scientific techniques like
the investigation by the police. When an offence is brought DNA, asphyxia, epiphysis, Nacro-analysis, polygraph, and
to the note of police, it is their responsibility to investigate Brain-mapping etc. The cardinal principle in applying
into the matter to find out who committed the crime, to scientific aids to investigation is the rule of fair play,
ascertain the facts and circumstances, to collect and present unbiased approach and openness of mind from collection,
whole set of these to the court to find the accused guilty or evaluation analysis and use of this scientific evidence both
not. It is the duty of police to apprehend the wrongdoer and by investigators and forensic experts.
present the case before the court of justice to meet the ends Forensic science plays a vital role in crime detection. The
of justice. But this seldom happens in present scenario. The operation of forensic is nothing but application of
reason behind this is criminals have become classy, techniques and tools of basic science for various analysis of
sophisticated, hi-fi and are simply cutting-edge as they are evidence associated with crimes. The scientific examination
adopting new and enhanced techniques for commission of by forensic scientists adjoins a missing link and strengthens
crimes. They hardly leave any sort of evidences at the crime the weak chain of investigation. Now, when criminals are
site or otherwise and on the contrary police and shrewd enough that they hardly leave any evidence, we need
investigation agencies are stills tuck on the longstanding to bring into picture forensic science. In Som Prakash vs.
tools, techniques of investigation of crimes. Police often use State of Delhi, Hon’ble Supreme Court recognized the
third-degree torture to extract information. In many cases try requirement, the necessity of scientific investigation. Also
to suppress the truth and make out fabricated cases for many the Law Commission emphasized on the need of training of
reasons as political influences or corruption to name a few. Police officers in using scientific methods of investigation.
Consequently, custodial atrocities, custodial deaths are on Narco Analysis, Polygraph and Brain-mapping are

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revolutionary tools of forensic science that can prove to be retrospective record. After that a drug free session or
very fruitful in crime investigation and trail. interviews takes place. In this procedure drug affected
experience has a supporting role. These sessions continue
2. Narco-Analysis: Modus Operandi and its use in for several month and even up to an year. Psycholysis
Criminal Investigation rotation under drug influence is considered best for patients
Narco-analysis is a test carried out on a patent or suspect who were reluctant to use and kind of therapy.
when he/she, after administering barbiturates, comes in a The dosage of drug varies depending on the suspect’s sex
sleep like state, and his/her repressed feelings are released. age, health and physical and mental condition. Normally, 3
It is also called Narco-synthesis. It is in a state which is grams of any truth serum is dissolved in 3000 ml of distilled
similar to means psychoanalysis is a state which is similar to water and then it is injected to the subject intravenously. By
sleep and this state is achieved by use of drugs. These drugs this subject’s imagination is neutralized and he is not in
are nicknamed ‘truth drugs’ or ‘truth serum’. apposition to manipulate things but can only answer specific
Narco-analysis has become one of the most popular simple questions.
techniques of crime detection in India. It is a kind of It is established that 20% of the total individuals subjected
psychotherapy which is conducted on a person by inducing for Narco-analysis are found to be innocent. Therefore, this
by bringing that individual into semi sleep with the help of technique not only helps to identify the real perpetrators of
scientific drugs. Human beings have the tendency of crime, motive and modus operandi, conspiracies,
speaking lies form the time immemorial. A person is able to disfigurement and displacement of evidentiary items etc. but
lie by using his mind’s eye. In this test, the subject’s self also to identify the innocents within a short period of time.
consciousness is allowed to sink down by making intrusion Narco analysis may be used for medical purposes. Narco
to nervous system. In such a state an attempt is made to analysis has been used in mental health cases for diagnosing
extract information in form of clues about the crime as habiliment. In medical field Narco analysis is used for
under the influence of drugs it becomes extremely difficult restoring speech to mute persons, in case of amnesia, for
for the subject to lie. reviving memory, and for expression of suppressed or
It is believed that if person’s way of thinking can be repressed thought or conflict.
restrained without any effect on his memory. He can speak Narco analysis is now being used in forensic field of
freely without any manipulations under the influence of criminal investigation. In India Narco analysis is useful for
drugs. Some drugs have been found to create this ‘twilight investigation and for prevention of crimes and also for
state’ in some persons and with the use of these drugs interrogation of suspect. In criminal justice system it is used
investigating agencies try to arrive at the truth. for investigation purposes. Narco analysis test should be
Narco-analysis is the form of psychotherapy and an used only in the cases where large interest of society is
effective aid to scientific interrogation. It is a process involved. Narco analysis is usually used in cases of
whereby a subject is put to sleep, on into a state of half terrorism, crime that are well organized, serial killings, in
consciousness by means of dosage of scientific drugs then cases where no evidence is available etc. There are two
interrogated while in a reverie. There are two most common categories of suspects who undergo Narco analysis test,
drugs used to bring into play the Narco-analysis and these where suspect willingly volunteers and co-operates with the
are Sodium amytal, which is also known as amobarbital or interrogator and where suspect is forced to change the test
amylobarbition, and Sodium Pentothal commonly known as under court orders.
thiopental or thiopentone, is used by psychiatrist on the
subject. Its effect is that it makes the subject relaxed and 3. Polygraph: Origin and Modus Operandi
he/she becomes susceptible to suggestions. The subject Polygraph is another important scientific tool of
becomes communicative and can easily tell the truth. It is investigation. Polygraph is popularly known as lie detector
said that after its use the subject loses inhibitions but does and sometimes referred to as psycho-physiological
not lose his/her self-control and he/she does not want to detection. It is an instrument which measures and records
disclose anything he/she may do so. This statement is not physiological actions of human body as for instance blood
correct. The person actually loses self-control. pressure of the subject, his pulse rate, respiratory system,
In the late 19th century either, chloroform or hashish were skin conductivity while the subject is asked questions
used to induce person and to deepen the hypnotic effect. In relating to the crime and he answers them. The polygraph
early 20th century, barbiturates were administered for tests measures all the natural changes caused by autonomic
psychotherapeutic treatments. These experiments showed nervous system during questioning. The autonomic nervous
that most of the patients shoed uninhibited flow of speech system changes are beyond reasonable control of an
and expressed repressed thoughts and feelings. Intimate and individual and hence autonomic nervous system response
private thoughts were revealed under its influence. In change transpires when the subject tries to tell a lie.
narcoanalysis barbiturate induced state of excitation is Polygraph is a device that records simultaneously tracing of
created and patient recalls forgotten and repressed conflicts, several different pulsations, as arterial and venous pulse
event and experiences. waves, and the apex beat of heart. According to Science and
The procedure adopted is the patient is kept lying on bed in Technology encyclopedia, “Lie Detector” is a device
almost darn and is attended by a trained nurse who talks intended to detect an involuntary physiological response that
with the patient and dosages of drug are injected. The all persons exhibit when lying but never when telling the
patient is reminded that he/she is under physician’s control truth.
and should surrender to the vision and images which appear The polygraph is an instrument that records certain
before him/her without any reservation. His/her remarks physiologic changes in a person’s body going through the
during these processes is either rape-recorded or written and questions in efforts to get hold of the truth of deception. A
then handed over to patient so that he/she may prepare a definition of polygraph has not been found in any Indian

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Legislation. A definition of polygraph was given in the tube is festered around the chest for measuring the
United States Employee Polygraph Protection Act, 1988. respiratory changes, in the upper arm an inflated cut is
Under this Act, polygraph means an instrument that records wrapped for measuring the change in the blood pressure and
continuously visually, permanently and simultaneously as pulse rate, and for recording the electrodumal responses
minimum instrumentation standard, and is used or the electrodes are attached to the finger tips. The subject is
results of which are used for the purpose of rendering given a comfortable chair to sit in and the test is conducted
diagnostic opinion regarding the honesty or dishonesty of in a vacant and calm room with only the examiner.
an individual. According to Science and Technology Questions prepared in advance are put to the subject and he
Encyclopedia, “Lie Detector” is device intended to detect on has to reply them in ‘yes’ or ‘no’. There is a gap of 10 to 15
involuntary physiological response that all response exhibit seconds between each question so that responses to last
when lying but never when telling the truth. question may be eliminated and physiological response
It was held by the court in Ramchandra Reddy Vs. State of comes closer to baseline. Some questions are irrelevant and
Maharashtra, Cr. W.P. (c) No. 1924 of 2003, “in this test some are relevant one of the questions is stores provoking
the polygraph is taken which gives this reaction and an question. Main questions are repeated three or four times
expert would then explain these reactions in the court which and to avoid discomfort to subject pressure cult are inflated
would be his reading of the polygraph form which would only for 10 to 12 minutes. The measurement of blood
blow his conclusion which are to be admitted or not pressure, perspiration, pulse and rate of breathing is
admitted by the judge on appreciation of the statement and recorded during whole of the question answer series. The
the objections raised thereto” examiner then compares responses of stress provoked
The principle behind the polygraph technique is that the question with other question and interprets the court to
suspect fears detection of lie and creates in the subject an know whether lie has been spoken. The instrument records
emotion of fear which consequently results physiological changes by means of a needle on the graph paper.
changes which are captured by various instruments. In the third stage the result of the test is discussed with the
Polygraph test is basically based on the theory that generally subject in order to analyze about deception of attempted
a person telling a lie becomes nervous and shaky. Due to unresponsive to any question. The result of the test is
this position physiological changes occur in the person’s obtained on a chart known as polygram. The changes like
body. suppression in respiration and increase of blood pressure
In polygraph test subject is asked a series of questions. after the reply, decrease in blood pressure, behavior
These questions are controlled questions. Some questions breathing, slowing of pulse rate and the course of blood
are asked generally even though the answers to them are pressure etc are noted carefully. Polygraph dose not directly
already known. For instance name and address of the detect whether the person is speaking truth or is deceiving
subject. While answering these questions no change but the examiner carefully analyzes the pattern of arousal
transpires. After this, relevant questions are asked and if the responses and on that basis veracity of the individual is
subject tries to lie physiological changes takes place. inferred. This inference or assessment is called ‘diagnosis’
Physiological changes may crop up in shape of increased or of truthfulness or deception.
decreased blood pressure, change in pulse rate or heartbeats, Guidelines under Smt. Selvi vs. State of Karnataka, a full
sweating, dryness of mouth, etc. these changes are far away bench of Hon’ble Supreme Court of passed an order dated
from the reasonable and practical control of subject thus 5th May 2010 regarding using force and consent for
whenever subject tries to lie polygraph machine apprehends polygraph test. In this case Court held that “no individual
the lie. would be subjected to any of the techniques in question,
In India, since 1974 more than 3000 polygraph test have whether in context of investigation in criminal case or
been conducted. Lawyers in general are not aware of this otherwise. Doing so would amount to an unwarranted
test. It was a television serial ‘Sachka Samana’ that brought intrusion into personal liberty. However, we do leave room
polygraph test in glare of public. Indian courts never for the voluntary administration of the impugned techniques
objected to polygraph test until in May 2010 when Honb’le in the context of criminal justice, provided that certain
Supreme Court in case of Smt. Selvi vs. State of Karnataka safeguards are in place. Even when the subject has given
objected to these scientific investigation tools. Before this consent to undergo any of these test, the result by
judgment, some lower Courts and High Courts have passed themselves cannot be admitted as evidence because the
order in favour of scientific tools. Thus polygraph test is a subject dose not exercise conscious control over the
technique where normal bodily changes of subject are responses during the administration of the test. However,
recorded and observed while subject is answering the any information or material that is subsequently discovered
question. These changes occur only if the subject tries to with the help of voluntary administered test results can be
hide the truth. admitted in accordance with section 27 of Indian Evidence
The first stage is pre-test interview where the examiner Act, 1872.”
introduces himself to the subject and tells that the subject
about the procedure and legal aspects of the test and the 4. Brain Mapping: Origin and Modus Operandi
consent etc. Then the examiners inform about the polygraph Brain Mapping is one more valuable scientific tool for
technique to the subject and the queries are made from the investigation of crimes. Brain Mapping is also known as
subject in detail about the incident for which the test is Late Positive Complex or P3 or P300 etc. It is a component
conducted. Questions are asked to know “behavioral of averaged brain potentials. In this test no questions are
symptoms” which indicates symptoms of deception. asked from the accused. He is made to sit in evoked
The second state is the actual test, i.e., examination proper. potential recording machine and is shown objects relating to
Different gadgets are attached to the body of the subject for crime scene or is made to hear sounds pertaining to crime
measuring the changes in physiological conditions. A rubber site. The sensors from his head pick the event related

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potentials in the form of Brain Mapping only if the person mind by receiving information through reading of
has been at the site of crime the accuracy of Brain Mapping newspaper or watching of T.V. etc. According to Mr. A. A.
is almost 100%. Brain Mapping is a response of the brain to Samdani, Ex Judge and Mr. Sharique Rizvi, Associate
a stimulus which is shown to the subject. Professor, Indian Institute of Information and Technology,
In 1965, scientists were working on the research of Event “information present” does not always mean that suspect is
Related Potentials and it was discovered by Sutton and his guilty. It is possible that the subject has been a witness to
colleagues. It is very robust Event Related Potential. As the crime or he or she has already read details in newspaper
soon as it recognizes the stimuli it sends the reaction within or seen in media which has been imprinted in his or her
300 milliseconds of seeing the stimuli. If the person is mind.
attentive to the stimuli its responses would be the fastest. If The test has its own limitations. The test is conducted by a
more time is taken for making decisions the more time is human being and it is possible that they fail to fully and
spent for the responses of P300. Its latency shows the truthfully analyze the brain wave. An innocent person, who
amount taken by it in arriving at a decision. has not committed the crime but has only witnesses of
When the brain recognizes a person or a sound, it produces wound also react to the stimuli. Similarly, a person may be
a precise electronic wave which is called P300. In this test aware of the crime due to details published in media and the
sensors are attached to the head of the subject and the brain may store it. IN that case also there chance is that the
subject is seated before a computerized monitor. The innocent can also be found guilty. Therefore, this test utility
sensors catch the electrical activity in the brain and record is only to imprint the subject’s brain, which makes it clear
P300 wave, which is produced only if the subject has some that the subject is innocent. This technique is also criticized
correlation with the pictures shown to him and the sounds on the ground that it is violation of brain privacy. By this a
which he is made to hear. person loses his right to keep his thought to himself. This is
When any information is given to an individual, which also not useful in case of a person who loses his memory,
corresponds to prior knowledge or information in his brain e.g., old people easily lose memory and therefore can brain
about the activity or event it will emit responses in the shape mapping on an old man accurately work. Similarly, a person
or p-300 waves. It has also been possible to observe suffering from deficiency in memory can exit normal p-300
stimulus response up to 100 mili seconds. P-300 is an brain waves. The six members committee headed by
electrically positive component and has a peak literacy of National Institute of Mental Health and Neuro Sciences
about 300 to 800 mili seconds at the midline partial area of (NIMHANS) Director Dr. Nagraj concluded that brain
the head. Dr. Farewell has been able to test not only the p- mapping is unscientific and should not be used as tool of
300 but also a negative electrical component which is found investigation and evidence adduced through brain mapping
at midline frontal area and has an asset latency of 800 to should be made inadmissible in courts. He also said there is
1200 mile seconds through MERMER (Memory and requirement of a methodical, systematic and meticulous
Encoding Related Multifaceted Electroencephalograic examination of the procedure as it lacks ascertained
Response). The familiarity reaction of brain towards the principles.
activity or events is the midline partial area of the head. The
familiarity reaction towards the activity or events is 5. Admissibility of Scientific Evidences under Indian
recorded in MERMER apparatus. For measuring EEG Constitution
(Electro Encephalograph) from several place of scalp a The Constitution of India is a product of the intense research
special head hand equipped with electronic sensor, is and consideration of a body of distinguished spokespersons
attached to the scalp and the test is presented with a series of of the people who wanted to make better the existing system
relevant words, pictures, signs, Bounds etc. and responses of of administration. The framers of Indian Constitution while
the two different types of stimuli is measureable to know framing the Constitution, they also kept in mind
whether the relevant material is known to the brain or not. If geographical necessities, historical precedents and our
the brain is confronted with the stimuli, which is already in cultural and social diversities. It, therefore, would be in the
its store it will emit p-300 at the rate of 300 mile seconds. fitness of things to study and interpret every provision of the
Since, those responses are recorded EEG signals no question Constitution keeping in mind the needs of India. Article 20
has to be answered by the test. The apparatus works not on (3) and 21 of Indian Constitution related with our topic here.
emotions but on Cognitive Brain responses. This is a major Right against self-incrimination enumerated in Article 20(3)
difference between a polygraph and brain fingerprinting. of the Constitution, which states that no person accused of
Brain fingerprinting device was invented by a U.S. Scientist an offence shall be compelled to be a witness against
Dr. Lawrence Farewell in early 1970’s. According to him, himself/herself. And Article 21, Right to life and personal
center of every activity is brain and it not only plans liberty, has been judicially expanded to include a right
activities but orders for its extension. The “Truth Detector” against cruel, inhuman or degrading treatment
is based on the functions of brain. Every event is stored in
the brain and when the same or similar event is shown to 5.1 Article 20 (3) Self-Incrimination
person the brain responses and response is recorded Under the Indian Constitution provisions relating to self-
thorough computer. incrimination are discussed under Article 20(3). It provides
Through brain fingerprinting it can only be shown that the “No person accused of any offence shall be compelled to be
person was present or not at the place of occurrence. Only a witness against himself”. This clause is based on the legal
proof of his presence, inferences cannot draw that he has maxim nemo tenetur prodere accussare seipsum, which
committed the alleged offence. The person may be present means that no man is bound to accuse himself. Under the
on the place of occurrence for some legitimate reason, e.g. Indian Constitution, making of any statement that has
for saving the victim, he may reach at that place as stranger. possibility of exposing the accused to criminal prosecution,
The information relating to the crime may come into his either at present or in future, is not permitted. This provision

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is inspired from the 5th Amendment of the United States an accused for DNA tests; to give specimen signatures,
Constitution that prohibits the government from forcing any hand, palm, foot impressions, there should be no hesitation
person to produce any sort of evidence that would in subjecting accused to Narco-analysis, polygraph and
incriminate that person. This immunity is available to every brain mapping tests as these techniques would help in
person against whom formal accusation has been framed. efficient investigations and inquiries by authorities.
The scope of this immunity has, prima facie, been widened It is respectfully submitted that underlying idea in Article 20
by our Supreme Court by interpreting the word ‘witness’ to clause 3 is compelling accused to give a statement. This
comprise both oral and documentary evidence which is should not be viewed as compelling an accused to undergo a
likely to support a prosecution against him. Such evidence test. Even if an accused is compelled to undergo a test, it
however should be in the nature of communication. Also, would not come under the ambit of self-incrimination
this protection is available against testimonial compulsion. because result or outcome of a test can’t be predicted
This protection cannot be claimed by a person if at the time beforehand; therefore, these tests should not be taken as
of making the statement he was not an accused. Moreover, it violative of Article 20(3) but should be welcomed
is immaterial that he becomes accused thereafter. Article 20 wholeheartedly as techniques of efficient investigation.
(3) is not applicable in cases where any sort of recovery is
made, be that an object or evidence, from the possession of 5.2 Article 21: Right to Life and Personal Liberty
a person. General statements given by any person at some Article 21 is considered as the heart of the Constitution.
regular inquiry or investigation without formal charges According to this, “No person shall be deprived of his life
being framed against accused would not attract Article 20 and personal liberty except according to the procedure
(3) even if that statement turns out to be incriminatory at established by law”. The word ‘person’ in Article 21 is wide
some later stage. enough that it covers the citizens of the country as well as
In Dinesh Dalmia v. State of Maharashtra, the Bombay the foreigners who come to visit India. The object of Article
High Court ruled that “Narco-analysis testimony was not by 21 is to preserve and protect certain basic human rights
compulsion because the accused may be taken to the against interference by the state. The framers of the
laboratory for such tests against his will, but the revelation Constitution followed the American model is adopting and
during such tests is quite voluntary”. The Indian Courts incorporating fundamental rights.
seem to be trying to keep limited the scope of Article 20(3) Two rights are secured by Article 21, Right to Life and
on the basis of “Minimal Bodily Harm Doctrine”. This Right to Personal Liberty. Both are most prized possessions
approach is reflected in the Bombay High Court verdict in of an individual. It was rightly observed by the Hon’ble
Ramchandra Reddy and Ors. v. State of Maharashtra which Supreme Court in Siddharam Satlingappa Mhetre v. State of
upheld the legality of the use of P300 or Brain finger- Maharashtra, that “the inner wage for freedom is a natural
printing, lie-detector test and the use of truth serum or Narco phenomenon of every individual. Respect for life, liberty is
analysis. Another thought provoking decision is rather that not merely a norm of policy but an essential requirement of
of Rojo Gorge v. State of Kerala, in which the petitioner any civilized state” The Apex Court defined the term
was willing to undergo both Brain mapping and Polygraph “personal liberty” immediately after the Constitution came
test, and but he did not want to subject himself to Narco- into force in India in the case of A.K. Gopalan v. State of
analysis, alleging it to be an unscientific test. However, J. Madras as “an antithesis of physical restraint or coercion”.
Padmanabhan Nair relaying on Kathi Kallu’s case rationale Later, in the year 1963, Supreme Court, speaking through
refused to grant the petition. Justice Subba Rao, “defined personal liberty as a right of an
Furthermore, Medical Examination of the accused is not individual to be free from restrictions or encroachment on
barred under Article 20 (3) even drawing of blood samples, his person whether these are directly imposed or indirectly
pubic hair etc. in the offence of rape, where prosecution has brought about by calculated measures”. Thus, protection
to establish the guilt of accused beyond reasonable doubt is against arbitrary privation of ‘life’ no longer means mere
not held to be violative of Article 20 (3) because right to fair protection of death or physical injury, but also an invasion
investigation is a fundamental right, that no victim should of the right to live with human dignity and would include all
be derived to especially in a criminal case. It is humbly these aspects of life which would go to make a man’s life
submitted that scientific evidence in such a scenario would meaningful and worth living. Article 21 is repository of all
provide a great help to investigation authorities in exhuming human rights essential for a person. Life means something
the truth from accused and establishing the guilt beyond more than mere animal existence, it includes right to food
reasonable doubt. clothing, shelter, decent environment and also the right to
J. Ranjana Prakash Desai observed in the case of Ritesh live in a clear city, right to privacy etc.
Sinha v. State of Uttar Pradesh that “Taking of voice This golden expansion of right to life and personal liberty
sample of accused is not violative of Article 20 (3), though has left right to privacy in a state of perplexity. This is often
there is no specific statutory provision, but interpretation of misused by persons. Accused person frequently plead that
provisions of Prisoner’s Act and Section 53 of Code of their right to privacy has been infringed. In Malak Singh v.
Criminal Procedure, showed that Magistrate has an ancillary State of Punjab petitioner’s name was include in the
or implied power to pass an order permitting taking of voice surveillance register by the police and he considered this as
sample to aid the police in investigation” violation of Article 21. In Selvi v. State of Karnataka
Similarly, Punjab and Haryana High Court held that Supreme Court expressed that Nacro-analysis, Brain-
subjecting an accused to DNA test does not violate Article mapping and Lie Detector tests cannot be conducted on
20(3). It is out of question that any infringement of right accused without accused’s consent, else it would violate
against testimonial compulsion occurs if the court requires a Article 21. The fundamental rights are equally available to
person male or female to submit to DNA, the courts can do everyone, whether that be accused or victim. Forcing the an
so validly. The question arises that when courts can compel individual to undergo any of the impugned techniques

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violate the standard of substantive due process which is guilty, he may interpret that char with that bent of mind and
required for restraining personal liberty under Article 21. vice versa he may be lenient in interpreting, chart of a
In D.K. Basu v. State of West Bengal in the year 1997 person whom he considers innocent.
Supreme Court expressed that there is a need to develop Brain has been the center of attraction of neuro-scientist for
scientific techniques and methods for investigation and decades. The brain is centrally involved in every human
interrogation of accused as custodial deaths and torture is action and records everything that human beings do,
nothing else but a blow at rule of law. Nacro-analysis, including criminal acts. Due to this reason the brain has
Brain-mapping and polygraph test is nothing but an efficient been the key point in inventing all equipments of lie
and scientific method of investigation. In India, where right detection be it polygraph or lie detection test, P300 or Brain
to life is a fundamental right, a sad picture of custodial fingerprinting and Narco analysis. In these test Brain
crimes is also present. Custodial Rapes, Deaths, torture all fingerprinting is the latest scientific technique for measuring
violate right to life which includes right to live with human neural responses exhibited after an object is shown to the
dignity. There are thousands of cases of custodial torture, subject or on external stimulus is printed to the subject.
where accused implicated large number of injuries for the Even the compulsory administration of the impugned
purpose of extorting information regarding theft and techniques violates the right against self-incrimination. This
eventually accused die. Newspapers are full of such is because the underlying rationale of the said right is to
unfortunate incidents. Custodial crime is violation of ensure the reliability as well as voluntariness of statements
fundamental rights subjecting an accused to undergo a that are admitted as evidence. However there is scope for
scientific test is much better option than to letting him face voluntary administration of the impugned techniques in the
third degree torture. These tests are viewed as violative of context of criminal justice with the application of certain
Articles 20(3) and 21 rather they should be taken as safeguards. Although the test results themselves cannot be
supportive of fundamental rights. Right to speedy and fair admitted as evidence, but any information or material fact
trail is also a fundamental right available to both accused that is recovered with the help of test results can be admitted
and victim. In fact, if trail is not quick it cannot be regarded in accordance with section 27 of the Evidence Act, 1872.
as reasonable, just or fair and it would fall foul of article 21 Under Section 330 and 331 of IPC the provisions relating to
and these scientific techniques help in speedy and fair trial. custodial torture is punishable offence. But the ground
The concept of fair trail and fair investigation is not only to reality is different, custodial tortures and even custodial
be considered from the point of view of liberty or right of deaths are increasing day by day. The provisions of the law
accused only, the victim and the society also suffers where preventing the custodial torture are not used and also the age
investigation becomes a casualty. old method of torture for extracting confession is used,
while there are several scientific methods are developed in
6. Conclusion this era. According to the latest data from the National
Narco analysis has been criticized on number of grounds. Human Rights Commission (NHRC), at least 17,146 people
This test is not 100% accurate. There is a data to prove that were reported to have died in judicial and police custody,
Narco analysis has 96% to 97% total screens rate. It has nearly five a day, on average in cases registered in the
been criticized as an unscientific and third degree method of decade to March 2020. This year alone, in the seven months
investigation. In some cases, Narco analysis by false tricks to July 2020, the NHRC reported 914 deaths in custody, 53
certain subjects made totally false statements. If the subject of these in police custody. Narco Analysis, Polygraph and
has been a drug addict or alcoholic his or her tolerance level Brain mapping tests can be successfully used to fight
will be high and he or she may false state of semi- custodial deaths in India. The investigating agencies are
consciousness and can tell lies. It is very difficult to suggest carrying out these tests in a number of high profile cases.
exact dosage of drug for a particular individual as it will Rapidly and swiftly these scientific tools of investigation
vary from person to person depending upon the mental can become an alternate of third degree physical torture in
attitude and physical structure of subject. It is said that if a police custody. As was rightly held by the Supreme Court in
wrong dose is administered to the subject, it may cause D.K. Basu vs. State of West Bengal, that there is need for
his/her death. developing scientific methods of investigation and
The Polygraph test does not tell as to whether the subject is interrogation of accused as custodial deaths and torture is
lying or not. Results only show about the physiological nothing but a blow at rule of law.
changes which have to be interpreted by the expert. In Whatever may be the criticism but the advantages of Narco
asking the question no science is involved and it wholly Analysis, Polygraph and Brain-Mapping are that these
depends upon trickery and on the expertise of the examiner. techniques are helpful in saving the innocents from
A person who can control his emotions to a great extent can prosecution and eliminating the use of third degree method
still tell a lie, e.g., if a person has control on himself by in criminal investigations. In addition, it has been used as a
practice of yoga or otherwise, this test is bound to fail. time saving techniques in trial of criminal cases by help of
Nervousness may be exhibited by many innocent and trained and skilled forensic experts.
truthful persons under the conditions of police
interrogations. This nervousness may arise due to various 7. References
reasons, e.g., fear of being involved in the crime, or the fear 1. Sharma’s BR. Forensic Science in Criminal
that his or her previous conduct may be shown to the police Investigations and Trials, 5th Edition, Universal Law
what is not related to the present crime. It may also be due Publication, New Delhi, 2014.
to the fact of not properly understanding the procedure of 2. Bakshi PM. The Constitution of India, 12th Edition,
polygraph, besides there may be fear of wrong interpretation Universal Law Publication, New Delhi, 2013.
of chart by the examiner and even the interrogator and 3. Forensic Guide for Crime Investigation, NICFS
examiner may be biased. If the examiner holds the subject 4. https://www.indiaspend.com/5-deaths-in-police-

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judicial-custody-every-day-over-10-years-but-few-
convictions/ dated 28/08/2020
5. National Human Rights Commission (NHRC) Reports
Code of Criminal Procedure, Bare Act, Capital Law
House, New Delhi, 1973.
6. Som Prakash vs. State of Delhi
7. Smt. Selvi vs. State of Karnataka
8. Ramchandra Reddy Vs. State of Maharashtra, Cr.W.P.
(c) No. 1924 of 2003.
9. Dinesh Dalmia v. State of Maharashtra
10. Siddharam Satlingappa Mhetre v. State of Maharashtra
11. Rojo Gorge v. State of Kerala
12. Malak Singh v. State of Punjab

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