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May 28, 2012

NARCOANALYSIS: Source of Finding the Truth

                                            Narcoanalysis is a controlled administration of intravenous hypnotic medications called truth drugs (barbiturates or other drugs like suxametanium/thiopentone/sodimamytal/scopolamine called truth drugs/serum), which induce a sleeplike state in the person. Under the influence of the drug, the accused has garbled speech and tends to talk about fantasies, and labors under delusions. Their state resembles that of a person in delirium, so these tests cannot be treated accurate. This technique is often used by investigating agencies in criminal cases, as an interrogation technique. The scientific validity of the test has been questioned by medical professionals, ethics forum and the legal validity has also been debated in several international and national cases.
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The truth serum or sodium pentothal is the same substance that in larger dosages is used to induce a deep coma–like state for executions by lethal injection in USA. A large dose of the drug is lethal; a test could result in coma or even death. It can be difficult to determine the correct dose of the drug.
In the United States of America, the New Jersey Supreme Court banned the use of narcoanalysis in Pitts. V. State for lack of scientific reliability. In India as well, the use of narcoanalysis has been questioned in courts.
The main argument against Narcoanalysis is that it is infringement of the fundamental right under Article 20(3) of the Constitution, which provides for a privilege against self-incrimination. It can also be construed as violating human rights of privacy, and the right to health. At the same time, narcoanalysis is an invaluable tool for investigators. Since the results of the test cannot solely be used to prove the guilt of the accused, advocates of narcoanalysis point out that it is not violative of the right against self–incrimination. Statements made under the test have to be corroborated by further evidence.
Source: Medico-legal Updates
by
Akshaya Srikanth
Pharm.D Internee
Hyderabad, India

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