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Showing contexts for: narco in Adesh Kumar vs State Of U.P. And Another on 17 November, 2020Matching Fragments
Heard Shri Rajesh Dwivedi, learned counsel for the applicant as well as learned Additional Government Advocate and perused the record.
This application u/s 482 Cr.P.C. has been preferred for quashing of the impugned order dated 15.10.2019 passed by the Special Judge (Protection of Children from Sexual Offences Act, 2012)/ VIII Additional District and Sessions Judge, Kanpur Dehat in application no.28 Kha under section 54 of Cr.P.C. filed by the applicant in Special Sessions Trial No.167 of 2017 ( State Vs. Adesh Kumar) and further prayed to direct the Court below to pass an appropriate order for DNA Test/ Narco Test as mentioned in the application No.28 Kha as well as other legal enquiry.
*Narco analysis Test *Brain Mapping Test/ Brain Electrical Oscillation Signature Profile (Beos) *Polygraphy Test *DNA profiling test * Fingerprinting Test Narco Analysis Test:
The term Narco-Analysis is derived from the Greek word narkç (meaning "anesthesia" or "torpor") and is used to describe a diagnostic and psychotherapeutic technique that uses psychotropic drugs, particularly barbiturates, to induce a stupor in which mental elements with strong associated affects come to the surface, where they can be exploited by the therapist. The term narco-analysis was coined by Horseley. Narco analysis first reached the mainstream in 1922, when Robert House, a Texas obstetrician used the drug scopolamine on two prisoners. The narco analysis test is conducted by mixing 3 grams of Sodium Pentothal or Sodium Amytal dissolved in 3000 ml of distilled water. Narco Test refers to the practice of administering barbiturates or certain other chemical substances, most often Pentothal Sodium, to lower a subject's inhibitions, in the hope that the subject will more freely share information and feelings. A person is able to lie by using his imagination. In the narco Analysis Test, the subject's inhibitions are lowered by interfering with his nervous system at the molecular level. In this state, it becomes difficult though not impossible for him to lie .In such sleep-like state efforts are made to obtain "probative truth" about the crime. Following procedure has to be adopted while conducting narco test:-
Accordingly, what has been discussed above the three Tests namely Narco Analysis Test, Brain Mapping Test and Lie Detecting Test are called Deception Detecting Test which implies psychological evaluation of human brain. Deception, in another word means lying, it may lead to a serious aftermath in the enforcement of law and the proceedings in the courtroom, deception is defined as a deliberate attempt to mislead others. Hence, much effort is devoted by the forensic psychologists in developing different techniques and methods to detect lies. The deception detection tests (DDT) such as polygraph, narco-analysis and brain-mapping have important clinical, scientific, ethical and legal implications. The DDTs are useful to know the concealed information related to crime. This information, which is known only to self, is sometimes crucial for criminal investigation.
The Investigating Agency has statutory right to investigate the crime and to find out the truth and to reach to the accused. Narco Analysis Test for criminal interrogation is valuable technique which would profoundly affect both the innocent and the guilty and thereby hasten the cause of justice. Conducting of Narco Analysis Test and Brain Mapping Test on the accused is in process of collection of such evidence by the Investigating Agency. Section 161 of the Criminal Procedure Code enables the police to examine the accused also during the investigation. Criminal justice system cannot function without the cooperation of the people. Rather, it is the duty of every person to assist the State in the detection of the crime and bringing criminal to justice. Withholding such information cannot be traced to the right to privacy, which itself is not an absolute right. It is the statutory duty of every witness, who has the knowledge of the commission of the crime, to assist the State in giving evidence.