Sudhir Kumar Gupta
All India institutes of medical sciences, India
Title: Forensic evaluation of Narco Test
Biography
Biography: Sudhir Kumar Gupta
Abstract
The human being is capable to lie by using his power of fantasy and imagination in brain however in the practice medical science there is no way of distinguishing reality from imagination and fantasy only mere speculation or leads of facts is possible. The Narco test is based on the principle that a person is able to lie using his power of conscious brain imagination and therefore under the influence of the sedative and hypnotic drug the capacity of his imagination, fantasy to create a lie is blocked or diminished by leading the person into an altered conscious state of mind means whatever the person says in the state of trans is restricted to the facts available in his real memory or truth of brain however the use of narcotic and psychotropic drugs in Narco tests on healthy human being may lead to medical side effects and health hazards to the person and required a holistic forensic psychiatric evaluation. The paper is aiming to present the forensic psychiatric evaluation of the six accused gone under Narco test in India including the short and long duration effects and side effects of drugs used. The points which are very important for doctors in this test are Health status of person/existing disease and mental capacity along with understanding of legal consequences of statement made under the influence of drug. Forensic evaluation based on the duration of effect of drugs required by requesting agency, Medical selection of drugs, Route of administration, Quantity of drugs to be used, Medical backups for during and post test effects on the health and life its preventive/saving arrangements and the Certification of hypnosis/trans stage. In the United States of America, the New Jersey Supreme Court banned the use of Narco in Pitts. V. State for lack of scientific reliability. In India the main argument against Narco is that it is infringement of the fundamental right under Article 20 (3) of the Constitution, Narco is a tool for investigators. Since the results of the test cannot solely be used to prove the guilt of the accused, advocates of Narco analysis point out that it is not violate the right against self-incrimination. Statements made under the test have to be corroborated by further evidence