Aftab Shraddha Murder Case: What is Narco Test? Aftab got permission for narco test

Aftab Shraddha Murder Case: What is Narco Test? Aftab got permission for narco test

Narco test was not allowed in all the cases. Only the court can allow the narco test, which is determined on a case-to-case basis. The accused often commits a crime for a long time and later pretends to forget the crime deliberately. In such a situation, the police resort to the narco test. Often after carrying out such a heinous act, the accused gives different statements to mislead the police. He also creates false stories and does not speak the truth. In such a situation, the support of the narco test is taken to reveal the truth.

Origin of the word Narco:

  • The word Narco derives from the Greek word NARCO (anesthesia or torpor). It describes a clinical and psychotherapeutic technique that uses psychotropic drugs, especially barbiturates.

Which drug is given through an injection in the narco test?

  • An injection named sodium pentothal is given in the narco test. This injection is also known as Truth Drug.

What is a narco test?

  • Narco test is a test which, in ordinary language, is done to extract the truth from the criminal or the accused person. In the narco test, sodium pentothal drugs are given through an injection in the body of the criminal. After providing these drugs, the active mind of a person goes into a completely calm and passive state. It's just like hypnotizing a person. When a person drinks too much alcohol, he does not have control over his mind.
  • In such a situation, it is said that no one tells a lie after drinking alcohol. Similarly, in the narco test, a person's mind goes into a completely inactive state. After which, the logical skill of the person falls a little less. And he cannot say fabricated things intentionally or by applying his mind, and he speaks the truth. The person becomes less inhibited and more likely to reveal information that would not usually come to the fore in the conscious state. Because a person's mind should be active in telling a lie. It has previously been used to settle important matters.

In whose presence is the narco test done?

Narco test is conducted in the presence of 4 people:

  1. Doctor (Physical exam, giving medicine)
  2. Forensic Expert (question-answer after injection)
  3. Inquiry Officer (Inquiry for investigation)
  4. Psychological (examining the mind when it is mentally unbalanced)

Who is not subjected to a narco test?

  • Not all people are subjected to narco tests. For this also, there is a process of selection of criminals. First of all, this test is costly. It costs a lot of money to the government and requires a team of professionals. Before conducting the narco test, the body of the criminal is examined, and it is seen whether the person's medical condition is fit for the narco test.
  • If the offender is sick or old or physically and mentally weak, he is considered unfit for the narco test. This is done because the psychoactive drug and injection of sodium pentothal for the narco test are potent. Because of this, it can have a dangerous effect, and the person can also go into death or coma. Therefore, only after examining all these points the narco test is allowed.

What is the law for the Narco test?

  • In the Selvi case in 2010, a three-judge bench of KG Balakrishnan had said that the consent of the person to whom the narco test or polygraph test is to be taken is very important. That is why it is necessary for CBI or any other agency to take permission from the court for a narco test. This test cannot be accepted without authorization.

Giving information about the narco test to the accused:

  • During the Narco test, the accused is already briefed in detail. The psychologist then has a meeting with the Investigating Officer (IO). The laboratory experts interacted with the accused, and he explained the test procedure as his consent was mandatory for the same.
  • When the psychologist is satisfied that the accused fully understands the process, he is medically examined. After that, the process starts. When the doctor, after examination, says that the accused is medically fit, then a narco test is done.

The accused is shown a picture of a drug flower leaf and a mountain:

  • The accused is shown pictures and videos of mountains, flowers, leaves, buildings, etc., unrelated to the incident. After a while, he is offered a picture video of the incident. After this, the body's reaction and state of mind are observed, based on which the truth of the incident is ascertained. All this is done under the supervision of experts.

Even before the Shraddha murder case, many accused have got permission for narco test:

Yes, even before the Shraddha murder case in India, the narco test has been allowed in many cases. This is not the first case of the narco test in the Shraddha murder case.

  • Narco test was allowed in Gujarat riots: Narco test was allowed on the accused in the 2002 riots in Gujarat to find out about those riots and also for investigation.
  • Abdul Karim Telgi Case: India's biggest stamp scam was done by Abdul Karim Telgi, and in this case also court allowed the narco test. This was a case in India, whose narco test was telecasted live. Because many political leaders were also involved in this stamp scam. To find out which narco test was allowed.
  • Narco test of Ajmal Kasab: Narco test of Ajmal Kasab was also allowed for Ajmal Kasab in the 26/11 Mumbai Hotel Taj attack.
  • Asharam Bapu Case: In Asharam Bapu's case also narco test was allowed against Asharam. Because Asharam changed his statement many times and kept on misleading the police. After this, the court permitted a narco test to find the truth.

Case: Dilip Kumar Basu v. State of West Bengal 1997

  • In this case, the Supreme Court called the narco test a violation of Article 21 of the Constitution. The right to life is given in Article 21 of the Indian Constitution. When a narco test is done on a person, it violates that person's privacy. Additionally, Article 20(3) of the Constitution was also violated. It has been said in this article that no person can be compelled to testify against himself. In 1997, the Supreme Court made a provision to allow the narco test. The nature of the case will be seen before allowing the narco test. If the accused repeatedly disowns his witnesses, misleads the police, and does not tell the truth, then a narco test can be allowed.

Case: Selvi and others Vs. State of Karnataka and others

  • In this case, the Supreme Court relaxed the permission for a narco test. The Supreme Court said that when the accused person permits the narco test without any pressure, the test can be allowed.

About The Auhor : Advocate Khushboo Jangid

Advocate Khushboo Jangid is a highly accomplished LLB graduate who received a gold medal for her academic excellence. She is a skilled writer focusing on legal issues, including impacting women and children. Her work in the field of law has garnered widespread recognition and praise.

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