Kolkata rape-murder case: All you need to know about narco-analysis test after CBI's request denied as Sanjay Roy refuses consent

NEW DELHI: The additional chief judicial magistrate's court in Sealdah denied the CBI's request to perform a narco-analysis on Sanjay Roy, the main accused in the R G Kar rape and murder case, after Roy refused to give his consent. The agency had previously conducted a polygraph test on Roy.

On Friday afternoon, the CBI brought Roy to the Sealdah ACJM court after noticing discrepancies in his statements during the last two days of interrogation. Roy was summoned into the magistrate's chamber, where he gave his statement in private, while his lawyer and CBI lawyers waited outside.

Prior to this, Roy was informed about the narco-analysis procedure, which involves the administration of an intravenous drug and subjecting him to various stages of anaesthesia. The CBI opted for a narco-analysis on Roy due to inconsistencies in his statements.

What is a i test?

➤ The process requires the administration of intravenous drugs, known as ‘truth-serums’, such as sodium pentothal, scopolamine, and sodium amytal directly into the bloodstream. This drug, commonly utilised to induce a state of general anesthesia during surgical operations, leads the individual to experience a hypnotic trance-like state. As a result, during the hypnotic stage of the narco-analysis, a person becomes more uninhibited and less restrained in their behavior and responses and is more likely to disclose information that would not be revealed in a conscious state.

➤ The use of narcotics and hypnotic techniques (truth-serums) for interrogation purposes has a long history. Predecessors to the current narco analysis method employed drugs like scopolamine and sodium amytal. These substances were used in an attempt to induce a state of heightened suggestibility and lower inhibitions in subjects, with the aim of eliciting truthful statements or confessions. However, the reliability and ethical implications of such practices have been widely debated.

➤The term 'truth serum' was coined as a result of the application of the 'Scopolamine' method. Over time, sodium amytal injections became a popular means to encourage subjects to speak openly, especially within the field of psychiatric practice.

What is its use?

➤The drug-induced hypnotic state is valuable for investigators because it increases the likelihood of the subject revealing information.

Are ‘truth-serums’ admissible in court of law?
➤In the landmark case of 'Selvi & Ors. vs State of Karnataka' decided in 2010, the then Chief Justice of India, K G Balakrishnan, delivered a significant ruling regarding the use of certain investigative techniques that no individual should be “forcibly” subjected to these techniques. The SC ruled that the use of narcoanalysis, brain mapping, and polygraph tests on suspects without their consent is unconstitutional.

The judgment clearly stated that no person should be compelled to undergo these methods against their will, irrespective of whether it is during a criminal investigation or in any other context. The court determined that these methods infringe upon the "right against self-incrimination" guaranteed under Article 20(3) and the "right to privacy" protected by Article 21.

➤The results of a test conducted on an individual, even with their consent, are inadmissible as evidence in a court of law. This is because the subject lacks conscious control over their responses during the examination. Nevertheless, any subsequent discoveries, information, or material obtained as a result of the test can be presented as evidence.

It is important to note that while the test results themselves are not admissible, they may lead to the uncovering of relevant information or material that can be used in legal proceedings. This distinction is crucial, as it allows for the utilisation of valuable insights gained from the test without relying on the test results as direct evidence.

➤It was held that during the administration of 'narco analysis technique', it is essential to comply with the guidelines issued by the National Human Rights Commission in 2000, titled "Guidelines for the Administration of Polygraph Test (Lie Detector Test) on an Accused".

What are stages of test?

The test consists of four stages: a pre-test interview, pre-narcotic stage, semi-narcotic stage, and post-narcotic stage. A team of professionals, including a forensic psychologist, an anaesthesiologist, a psychiatrist, a general physician, or other medical staff, is present during the process, and a videographer records the proceedings.

Roy's lawyer, Kabita Sarkar, argued that despite claims of narco-analysis being safe, it cannot be completely trusted. “Chances of going back to normal life are slim after the test is done,” she said.
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