criminal appeals relate
to the involuntary administration of certain scientific
techniques, namely narcoanalysis, polygraph examination and
the Brain Electrical Activation Profile (BEAP) test ... further ruled that the
verbal revelations made during a narcoanalysis test do not
attract the bar of Article 20(3) since the inculpatory or
exculpatory
consider his case of alibi and also to
undertake narcoanalysis test of the said accused and witnesses. The
said application came to be rejected ... alibi raised by the said accused, however, the prayer
for conducting narcoanalysis test came to be rejected. Since the case
was exclusively triable
cited case, the legality of the three scientific tests
namely (i) Narcoanalysis, (ii) Polygraph test (lie-detector test) and (iii) BEAP
(Brain Electrical Activation Profile ... under Section 161(2) of CrPC. It is undisputed that for conducting
Narcoanalysis test intravenous injection of Sodium Pentothal will be given to
the subject
substances and other physical objects.
(a). There the issue was, whether the Narcoanalysis,
Polygraph (lie-detector test) and BEAP (Brain Electrical Activation
Profile) Test conducted ... that as per Sections 53 , 53-A and 54
Cr.P.C., Narcoanalysis, Polygraph and BEAP tests are not included
and the general expression such
highly sophisticated methods are required to trace the involvement of criminals. Narcoanalysis, Polygraphy and Brain Mapping tests collectively called deception detection tests ... spontaneous as a semi-conscious person is unable to manipulate the answers. Narcoanalysis is a tool which is now being, alarmingly, used by investigating agencies
Jaga Arjan Dangar vs State Of Gujarat on 9 August, 2018
Author: Sonia Gokani
Bench
also important to be aware of the limitations of the
`narcoanalysis' technique. It does not have an absolute success
rate and there is always ... vary, there is no uniform criteria for
evaluating the efficacy of the `narcoanalysis' technique."
xxx xxx xxx xxx xxx
74. Another significant limitation
uncover vital
evidence or to corroborate pee-exsiting testimonies
and prosecution theories. Narcoanalysis tests have also
been used to detect "malingering"(faking ... uses of this technique by persons other than
investigators and prosecutors. Narcoanalysis tests
could be requested by the defendants who want to
prove their innocence
case referred supra, it is also
observed that results of tests like Narcoanalysis, polygraph
test (lie-detector test) and BEAP (Brain Electrical Activation
Profile) test ... through the involuntary
administration of either of the impugned tests, i.e.
Narcoanalysis technique, polygraph examination and BEAP
test, come within the scope
petitioner that all the
accused should have been subjected to brain mapping/ Narcoanalysis, polygraph test
http://www.judis.nic.in
11
to find ... complaint that the Investigating Agency did not take any steps to
conduct Narcoanalysis, polygraph test, despite non-objection on the part of the
concerned accused
