Question

Narco-Analysis test, also known as 'Truth Serum Test', is done with the mac intent and aim of extracting information from the accused when he is in Hypnotic state. The test uses an Injection named Thiopentone, chemically called `Sodium Pentathol' which is mixed with distilled water before injecting to the accused. The test is carried on for 1 -3 hours and after 15 minutes of the medication the person is perfectly normal. THE HON'BLE SUPREME COURTOF INDIA is of the view that Narco, Polygraph or Brain mapping tests cannot be conducted on any person, whether an accused or a suspect, without their consent. The Court further stresses that no person should be compelled to go through such test as it amounts to violation of Art 21 i.e. Right to Personal Liberty and prohibits Selfincrimination and thereby violates Art 20 (3). In short, according to the Supreme Court, conducting a Narco Analysis Test is unconstitutional and illegal. The author differs in views regarding the same. Looking at the pathetic contemporary situation having abundance of criminals and plenty of crime witnessed every other day and the number of innocent lives affected everyday owing to the increasing rate of crime, it seems to be the high time to realise the need of ways to check and minimise such crimes. Law plays an important role through various precedents and it should contribute proactively to bring forth ways to reduce crime. Narco Analysis test, which is mainly carried out with the purpose of facilitating the investigating team to reach the evidence as soon as possible, has been used as a scientific tool for the investigation purpose. For instance the Forensic Science Laboratory, Gandhinagar and The Bangalore Forensic Sciences Laboratory have successfully conducted various narco analysis Class XII - English 50 tests since 2000. Dr. B.M. Mohan, Director of FSL, Bangalore, claims that he has data of over 300 cases to prove his contention that Narco Analysis has shown a success rate of 96-97 per cent. It would be appreciable to ignore dark sides when clearly in the majority of cases it has worked successfully. I totally disagree that conducting Narco Analysis deprives a person's right to personal life and liberty Art (21) and infringes the right against self incrimination Art 20 (3). It should be viewed as a necessary step in order to administer justice to the aggrieved or victim and a helpful step in investigating a particular case. The advances in science and technology must be used by the police to solve mysteries of crime and thereby for the benefit of society. It is at least a better option for investigation than the classical interrogation method involving third degree torture, where the accused breaks down and blurts out the truth. And usually in most of the cases the innocents unable to bear the torture confess to the crimes, they have not at all committed. Isn't it a violation of one's fundamental right and much graver violation? I don't think that such painful and inhumane methods are better than Narco Analysis anyway. (a) On the basis of your leading of the above passage, make notes on it, using heading and subheadings. Use recognizable abbreviations. (5 marks) (b) Write a summary of the passage in about 80 words. (3 marks)

Answer 1

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