With the advancement of science and technology, there has been a noticeable
shift in the way criminal investigations are conducted. Conventional methods of
criminal investigation have made way for scientific methods of investigation.
Narco-analysis, brain mapping, polygraph, and neuro-imaging, to name a few, have
revolutionized the criminal justice system's dynamics. The current study
evaluates the diagnostic utility and legality of Narco-analysis and brain
mapping in India. Additionally, it discusses a historic case in which the
Supreme Court of India considered its importance and promulgated relevant
Finally, the Indian law of evidence offers no definitive statement regarding the
admissibility of evidence gathered from Narco-analysis testing. Although a few
laws convey the law's position on the technique, in this regard, an
investigation will be conducted to determine whether the results of the Narco-analysis
and brain mapping tests can and should be treated as definitive evidence, or
whether they should be dismissed.
The law is founded on the principle of justice. Criminal law, in particular, is
a collection of standards for preserving social order in an ever-changing
society. In a democratic country such as India, the governing system is
founded on the concept of 'Rule of Law,' which states that the law is supreme,
that all people are equal before the law, and that justice is to be achieved
Police investigation is the cornerstone of the Indian criminal justice system.
In many cases, police officers act independently and according to their own
procedures, which include resorting to third-degree tactics that are not
permitted in a civil society governed by the rule of law. India has long held
the belief that no form of evil can defeat evil. As a result, all of this
must take place within the legal framework. As a bridge between science and
law, it is here that we may seek scientific evidence's assistance in ensuring
the successful administration of justice.
The fundamental premise guiding the use of scientific aids in investigation is
the rule of fair play, an objective attitude, and an open mind throughout the
gathering, analysis, and application of these scientific evidences by
investigators and forensic professionals. Tests for Deception Detection are a
critical scientific technique for criminal investigation. DDT techniques, such
as narco-analysis and brain mapping, have profound scientific, ethical, and
The DDTs are advantageous for obtaining information about criminal activity.
This knowledge is frequently critical for criminal investigations because it is
unique to the individual. Law enforcement agencies have made extensive use of
DDTs. However, investigators are aware that the information gathered cannot be
used in court. They argue that it is more secure than some investigators"third
degree approaches.' Recently, despite a dearth of compelling data, these
approaches have been marketed as more accurate and superior to all others.
Investigative authorities have conducted tests in a number of high-profile
These scientific methods of investigation have the potential to develop into a
viable alternative to third-degree physical torture in police custody very
quickly. As the Supreme Court stated in D. K. Basu v. State of West Bengal
scientific techniques for investigating and interrogating accused persons are
necessary, as custodial deaths and torture are flagrant violations of the rule
However, when the rule of law is considered in relation to the same, another
issue arises in relation to certain constitutional mandates that must be
analysed in context. The Supreme Court, in Selvi v. State of Karnataka
grave reservations about involuntary brain mapping tests on the grounds that
they violate the 'Right against self-incrimination' guaranteed by Article
20(3) of the Constitution, which states that no person charged with an
offence shall be compelled to testify against himself/herself, and the Right to
life and personal liberty guaranteed by Article 21, which was interpreted to
include Notably, an accused person may invoke article 20(3) only if and only if
he is compelled to testify against himself.
The question is whether such technologies and tests will violate Constitutional
mandates. Thus, the present article examines the extent to which human rights
and constitutional mandates retain their value when scientific methodologies are
used by state agencies to gather evidence and enforce the law.
- Whether involuntary use of DDT techniques violates Article 20 (3) of the
Constitution's prohibition on self-incrimination.
- Whether the involuntary administration of the procedures is a reasonable
restriction on personal liberty as defined in Article 21 of the
In this paper, the research objective is to examine the interplay between the
constitutional mandates of Articles 20(3) and 21 of the Indian Constitution, as
well as the limits to which human rights and constitutional mandates can be
applied in the context of scientific methodologies used by state agencies for
the purpose of adducing evidence and enforcing the law.
This paper's Research Methodology incorporates both doctrinal and empirical
methods of research. The primary legal sources consulted for this paper include
relevant case law, officially filed petitions, as well as statutes and
regulations from both India and elsewhere. There have also been references to
secondary sources of law, such as reports, journals, and academic articles.
Conclusion And Recommendations
In conclusion, DDT methods (Brain Mapping, Narco-Analysis, and Lie-detection
tests) are immature in India, and their reliability is unknown. On the other
hand, such procedures are critical in today's criminal investigation and are
necessary for a timely and efficient investigation. The tests have come under
fire on numerous occasions, and it is still unclear to what extent they can be
used to exhume hidden knowledge in practical real-world scenarios.
The Supreme Court has ruled that involuntary DDT use has no place in the legal
system. Rather than that, it will disrupt procedures, cause delays, and generate
other issues, all of which will result in a process with no more degree of
certainty than already exists. DDT formulations currently in use require
extensive testing in normative and pathological populations.
Outside of research environments, these technologies should not be implemented
prematurely. Furthermore, it is crucial to understand these tests' sensitivity
and specificity. DDT operations should be standardized. However, in the
authors' opinion, the involuntary nature of the tests should not preclude their
admission during the Investigation Stage.
As in the Petlawad Blasts Case
, where the evidence is so
contradictory, such tests should be undertaken regardless of authorization, as
the Criminal Justice System's prime objective is to bring the truth and serve
justice to the people, not to merely close cases by reaching a judgement. Thus,
there is little doubt that forensic evidence is crucial in bridging gaps in
criminal investigations and assisting courts in arriving at consistent
Thus, medical and forensic evidence should be promoted through the progress of
medico-legal professionals to the level of assistance to the court.
Additionally, the legislature must establish new legislation and amend the
Evidence Act to make the necessary adjustments. The Information Technology Act
and the Criminal Procedure Code have been updated to improve their forensic
compatibility and to keep pace with modern technological breakthroughs. As a
result, similar behaviors must be recreated.
- Joel. B. Grossman and Richard. S. Wells, "Constitutional Law and
Judicial Policy Making", New York: John Wiley and Sons, 1972, pp 14-16.
- C. K. Takwani, "Lectures on Administrative Law", Lucknow: Eastern Book
Company, 3rd edition, 2001, pp 16-21.
- Jitendra Mishra, "Custodial Attrocities, Human Rights and Judiciary",
Journal of the Indian Law Institute, vol.47, 2005, p 510.
- N. K. Jain, "Custodial Crimes: An Affront to Human Dignity", Human
Rights Year Books, 2000, p 64.9 R.P.S.
- Nose I, Murai J, Taira M. Disclosing concealed information on the basis
of cortical activations. Neuroimage. 2009;44:1380–6
- D. K. Basu v. State of West Bengal, AIR 1997, SC 610.
- Selvi v. State of Karnataka, AIR 2010 SC 1974.
- India Const., art. 20(3).
- India Const., art. 21.
- Dastagir v. State of Madras, AIR 1960 SC 756; RK Dalmia v. Delhi Adm.,
AIR 1962 SC 1821.
- Madhya Pradesh Blasts, "Madhya Pradesh blast toll 88, gelatin stored in
house could be reason", The Indian
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