The truth machine

But despite its current popularity with our investigating agencies, we need to scrutinise it more carefully. Essentially, narco-analysis involves injecting the subject with sodium pentothal to induce a trance-like state. This method has been around for decades and in the Cold War era of spies and double agents, there were extensive efforts at using this 8220;truth serum8221; to extract information from the enemy.

However, the CIA concluded that after introduction of drugs like sodium pentothal, the subject8217;s outpourings may comprise of hallucinations, illusions, delusions and psychotic manifestations. In a 1977 Senate hearing, the CIA declared that the notion of a magic truth serum exists in popular imagination, but has no basis in reality. It is ironic that the methods long abandoned by the CIA, are now finding favour with our courts and investigating agencies.

We need to look at narco-analysis in the context of fundamental rights guaranteed under the Constitution, as well as evaluate the method8217;s reliability. The right to life and liberty under Article 21 and the right to not be a witness against oneself under Article 23 of the Constitution come into play.

The right to life is intrinsically connected to the inviolability of the body. Even when a doctor has to perform a procedure which involves introducing a chemical in the body as in anesthesia, or cutting open the body to perform an operation, the consent of the patient is required. Thus we find that even in procedures performed for the welfare of a patient, the individual8217;s consent is required for any invasion of the body. The introduction of sodium pentothal in the body of a person without his consent violates the right to life.

Introduction of sodium pentothal in the body results in taking away the subject8217;s mental control. It is the coercive inducing of a trance-like state after which questions are asked of the subject, and such a drug induced mind may be particularly vulnerable to thoughts, feelings and suggestions by the interrogator. An accused A may deny that he killed B. However, after introduction of sodium pentothal, repeated and sustained suggestions that he took a revolver, entered the house and killed B may blur the distinction between reality and fantasy and A may confess to the murder. This is a major hazard of the method and may lead to grave miscarriage of justice.

However, the administration of drugs in the body in narco-analysis without consent has been upheld by two high courts. The Madras High Court, on the specious reasoning that the accused person 8220;may be taken to the laboratory for such tests against his will, but the revelation during tests is voluntary8221;, has held that narco-analysis is not testimony by compulsion. Terming the revelations of a person whose control of their own mind has been taken away as a result of drugs administered against his consent, as voluntary, defies common sense and logic. Applying the analogy to the use of third-degree methods, it is like inflicting physical torture on a person till he breaks down and then terming the revelations 8216;voluntary confession8217;.

In the Telgi case, the Bombay High Court held that certain physical tests involving minimal bodily harm like narco-analysis and brain mapping do not violate the fundamental right against self-recrimination The principle laid down appears to be that methods which inflict minimal bodily harm are permissible. The enunciation of such a principle is a hazardous departure from the present consensus with respect to the illegality of third-degree methods as a tool of investigation and collection of evidence. Brain mapping and lie detection have been held valid as procedures, not amounting to 8216;statement of the accused8217; and therefore, not protected by the right against self-incrimination. The Supreme Court8217;s judgment regarding the constitutionality of narco-analysis is awaited. However, regardless of the view taken by courts, narcoanalysis is a violation of the body and the mind and akin to physical torture and extraction of confession. The use of narco-analysis as an investigative tool violates the right to life, liberty and the right against self-incrimination.

The writer is an advocate at the Supreme Court