In Narcoanalysis test, the person is injected with ‘Truth Serums’ that cause the person to become uninhibited & talkative, ultimately here the person cannot imagine at al. Many people call it as softer version of degree 3rd degree torcher. It is still possible for people to lie under the influence of truth serums, so it is not altogether reliable. What is used for these tests is sodium Pentothal, which sedates only for a few minutes. Sodium Pentothal is actually the brand name for sodium Thiopental & it really has been called as the so called “Truth Drug”. Drugs like Sodium Amytal & Scopolamine are also used. Though the court may give limited admissibility depending on the case, but these tests do not have only legal validity as confessions under article 20 (3) of Indian constitution which prevents incrimination. Science tells there is no 100% efficiency of anything, hence Narconalysis tests is also not 100% efficient. Even the toughest of toughest criminals & gangsters can also escape from this Narcoanalysis test. But in 80- 90% of cases it works correctly.

According to the guidelines it’s the human rights violation. You need to record the consent and show it to the judicial magistrate. Those who volunteer must have access to a lawyer & have the physical, emotional, & legal implications of the test explained to them by police & the lawyer, the bench said. However, any information or material subsequently discovered with the help of such a voluntarily taken test can be admitted as evidence, the court said. Thus if an accused reveals the location of a murder weapon in the course of the test, & police later find the weapon at that location, the statement of the accused will not be evidence, but the weapon will be.

The supreme court had said in its order that “no individual should be forcibly subjected to any of the techniques in question, whether in the context of expanded the same ruke to other who can be made to undergo the test only if they consent to it. It had said that forcing an individual to undergo these tests amounts to an “unwarranted instrusion into personal liberty”, but had left scope for “voluntary administration” of these techniques if the individuals gave consent.

During criminal investigation narco test has taken place. In most cases, investigating agencies seek permission for such tests to be done on accused or suspects, but rarely on victims or witnesses. Legal experts say that investigating agencies can submit to a court that the tests are being sought to help in their probe but consent or refusal to undergo the tests by an individual do not reflect innocence or guilt. Most recently, the CBI has sought to conduct these tests on the driver & helper of the truck that hit the Unnao rape victim in Uttar Pradesh in July last year. It also sought to conduct the tests on one accused in the Punjab National Bank alleged fraud case, but the court rejected the plea after the accused did not give consent.