<![CDATA[Use of Forensic Evidences in India and their impact on the trial]]>Society is usually ever-changing and, therefore norms or regulations cannot be made stagnant and it also equally needs changes consistent with the social, economic and cultural condition of society. The criminal justice system additionally witnesses such reasonable changes with the span of our time which has been made by the investigation agencies by introducing technological advancement within the procedure for the gathering of evidence. These techniques are lie detector, Brain Mapping and Narco Analysis test. Among these the Narco Analysis check is one among the technique that investigating agencies have been questioned many times. Currently the Supreme Court of India given verdict in this regards and educated that a similar test will solely be done with the consent of the subject. Through this essay an attempt has been created to explore the event and journey of Narco Analysis check within the criminal justice system as a tool of investigation in India. In India, law relating to evidence is uniform in both Civil and criminal cases, the degree of proof needed could also be somewhat different in civil and criminal cases however mode of giving evidence is ruled by the same legislation.[1] Thus far as criminal jurisprudence in India is concerned doctrine of onus probandi is within the field and so “One shall be presumed innocent until his crime is proved ” not only proved however proved beyond reasonable doubt, this principle of onus probandi is recognized below chapter of the evidence Act that has restricted use of forensic science in criminal trials in India.  It’s very difficult to say anything beyond reasonable doubt up to now as techniques of ascertaining reality with the assistance of forensic science is concerned. But with time modern techniques developed within the field of forensic science are capable of ascertaining facts somewhat beyond reasonable doubt.[2] Indian evidence Act is restricted in its scope of leading evidence in civil or criminal cases either by the prosecution or defendant, applicant or respondent. Act additionally deals with kind of proofs and relevancy of any fact which may be brought as evidence in any case. People normally think that their expression is free, their self-exposure is mediated  freely through chosen words either truthfully or falsely representing the actual thought of mind. However psychological technique can to some extent reach the true intention instantly and get or extort the expression that is not voluntarily or falsely representing the actual thought of mind. The psychology and power of methodology made this attainable to achieve on to the intimate sources of thought. This idea of science and technology born of some new technologies like Brain Mapping, P300, polygraph and Narco Analysis test or truth drug.[3] It had been thought-about as a way of a clinical psychopathology wherever some medication ought to be accustomed to establish a contact with additional or less inaccessible patients.

How It Works?

The scopolamine is associate organic compound drug, a sedative of  nervous system. The primary use of scopolamine as associate instrument of study was proved in 1922 when injected to Henry Martyn Robert House in metropolis TX. A similar technique were utilized in the interrogation of suspected criminals in metropolis TX in Henry Martyn Robert House and organized interview of 2 prisoners in metropolis Country Jail whose guilt anon confirmed. Under the drug each man denied concerning the fees that they were command and each upon trial not commanded guilty. It had been a case wherever the scopolamine used for the aim of Narco Analysis.

Later, Calvin Godard coin this term “Truth serum” and made the claim that beneath the influence of scopolamine it’s not possible to lie. It’s similar in objective to the analyst psychotherapy technique except that it aims to induce through the medication to same variety of cooperation that depth psychology gets through the powerfulness of the patients. The medication used for the Narco analysis is alkaloid and Barbiturate. This alkaloid has been utilized in the U. S. earlier within the treatment of cocain associated analgesic drug-addicted patients as an analgesic in topology “Twilight sleep”. [4]

Narco Analysis In India :

Recently, Narco-analysis has been the foremost debated topic amongst the legal fraternity, media and common masses. Narco-analysis test, the development of latest tools of investigation has led to the emergence of scientific tools of interrogation.. With recent advent of technologies in each sphere of life, criminal investigation isn’t anymore neglected of its effects. Narco-analysis is one among such scientific varieties of investigation within which some kind of statement from the suspect is acquired which could form proof. The evidence Act is totally silent on such employment of scientific method. Such method has typically been criticized as against the tenets of Constitution and on the opposite hand has been upheld as a necessity to judge some complicated problems.[5] The term Narco-analysis was coined by Horseley .Narco-analysis poses many queries at the intersection of law, drugs and ethics. is that the procedure for Narco-analysis is violative of the rights against incrimination, warranted below Article 20 (3) of Constitution? It figured prominently within the news recently once it became eye of storm and sparked off the controversy once media contend the role of Unnao rape case ,in utter Pradesh. Defendant subjected to Narco-analysis test once he demanded Narco test for justice and for the faith in criminal justice system.[6]

Tandoor Murder Case (1995) Delhi, This was the primary criminal case in India solved by the assistance of forensics. during this case Shusil Sharma murdered his spouse at home by firing 3 bullets in to his partner Naina Sahni’s body. He killed his spouse believing that she had her relationship with her schoolmate and fellow congress worker Matloob Karim. once murdering his spouse Sharma took her body in his automobile to the Bagiya eating house, where he and eating house manager Keshav Kumar tried to burn her in an oven there. Police recovered Sharma’s revolver and bloody garments and sent them to Lodhi Road forensic laboratory. They conjointly took blood sample of Sahni’s parents, Harbhajan Singh and Jaswant Kaur and sent them to Hyderabad for a DNA test. in line with the laboratory report, “Blood sample preserved by the doctor while conducting the post mortem and also the blood stains on 2 leads recovered from the bone and also the neck of the body of deceased Naina are of ‘B’ blood group.” Confirming that the body was that of Sahni, the desoxyribonucleic acid report aforementioned, “The tests prove beyond any reasonable doubt that the burn body is that of Naina Sahni who is the biological offspring of Mr. Harbhajan Singh and Jaswant Kaur.” and eventually Mr. Shusil Sharma was found guilty with the assistance of forensic evidence. In India, the Narco-analysis test is finished by a team comprising of an anesthesiologist, a psychiatrist, a clinical/ forensic scientist, an audio-videographer, and supporting nursing staff. The forensic scientist prepares the report regarding the revelations, that is accompanied by a compact disk of audio-video recordings.

Admissibility of Narco-analysis within the court:

Narco-analysis is taken into account as a tool or aid in collection and supporting proof. but doubts are raised whether or not it amounted to testimonial compulsion in judiciary and violation of right, individual liberty and freedom. A Narco-analysis test report has some validity however isn’t whole permissible in court. In India, Narco-analysis was initial utilized in 2002 within the Godhra massacre case. It although within the case of Telgi, immense quantity of knowledge was yielded, however doubts were raised regarding its price as proof. Narco-analysis was within the limelight within the context of infamous Nithari village (Noida) serial killings. the 2 main suspect within the Nithari serial killings Mohinder Singh Pandher and Surendra Kohli have undergone Narco-analysis tests in Gandhinagar in Gujarat.[7]

There is an agreement that medical and forensic proof plays a vital role in serving to the courts of law to reach logical conclusions. Therefore, the expert medical professionals should be inspired to undertake medico legal work and at the same time the atmosphere in courts ought to be congenial to the medical witness. This attains utmost importance looking at the outcome of the case, since if good experts avoid court attendance, less objective skilled can fill the gap, ultimately affecting the justice. the requirement to involve more and more professionals in expert testimony has been felt by completely different organizations. The american college of physician’s guidelines for the physician expert witness emphasizes on broad physician participation in providing this much-needed help to the system. the college believes that additional doctors should function experts as a part of their skilled activities so as to fulfil the requirement for medical testimony.[8] This objective of larger skilled participation will solely be achieved by addressing the apprehensions that ruminate the mind of medical professionals. within the light-weight of latest developments within the rhetorical science, the house ministry, Govt. of India established a committee under the chairmanship of Dr. Justice V.S Malimath to recommend reforms within the criminal justice system. The present criminal justice system is possessed with individual liberty and freedom and during this context a secure passage is inevitable to criminals due to weakness in the criminal justice system resulting in dilution of proof.[9]

 The system faces several serious problems associated with delay in Justice and conviction which may solely be attainable by utilization of such technology which given a space of these technique. it had been found that the investigation playing a significant role within the conviction of crime and it’s lacking because of technological advancement of criminals. It’s submitted that if the supply of administering Narco-analysis test is made mandatory for the accused /witness in grave offences, it’s going to pave the method for rising the standard of criminal justice through strengthening of evidence system.[10] The Narco test is said to be unethical, once everything in investigation fails. everybody is innocent till proven guilty, and also the same aspect should be maintained while completing any criminal investigation. The study’s finding has revealed that The role of court in deciding cases became much more efficient with inclusion of Forensic Evidence.

[1] Bardale, R., 2011a. Principles of Forensic Medicine & Toxicology, JP Medical Ltd.

[2] Bardale, R., 2011b. Trace Evidences. Principles of Forensic Medicine and Toxicology, pp.396–396. Available at: http://dx.doi.org/10.5005/jp/books/11334_30

[3] Bozzo, W.R. et al., 2009. DNA recovery from different evidences in 300 cases of sexual assault. Forensic Science International: Genetics Supplement Series, 2(1), pp.141–142. Available at: http://dx.doi.org/10.1016/j.fsigss.2009.08.185.

[4] Chaudhry, S., Constitutionality of Narco Analysis in India. SSRN Electronic Journal. Available at: http://dx.doi.org/10.2139/ssrn.1702866

[5] Dhabarde, A.M., Forensic Evidences in Criminal Trial: Need of the Hour. SSRN Electronic Journal. Available at: http://dx.doi.org/10.2139/ssrn.2111995.

[6] Inam, S.T., Scope of Narco Analysis in Criminal Investigation. SSRN Electronic Journal. Available at: http://dx.doi.org/10.2139/ssrn.1681526.

[7] Math, S.B., 2011. Supreme Court judgment on polygraph, narco-analysis & brain-mapping: a boon or a bane. The Indian journal of medical research, 134, pp.4–7.

[8] Mohan, B.M., 2007. Misconceptions about narco analysis. Indian journal of medical ethics, 4(1), pp.7–8; discussion 10–1.

[9] Qazalbash, Y., 2011. Law of Lie Detectors: Narcoanalysis, Polygraphy, Brainmapping, Brain Fingerprinting,

[10] Tiwari, M., 1975. Sexual offences in Rajasthan, India — An analysis. Forensic Science, 5(2), p.173. Available at: http://dx.doi.org/10.1016/0300-9432(75)90442-2.

This article is written by Srinidhi R.

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