Delhi High Court upholds Narco analysis test

Justifying Narco-analysis or Truth Serum test in terror related cases by investigating agencies, the Delhi High Court on Tuesday (November 18) endorsed its validity while clarifying that it cannot be used as sole evidence to convict the accused.

'The use of narco-analysis is of particular relevance in the context of terrorism related cases, conspiracy to commit murder and other serious offences where the investigating agencies do not have vital leads,' said Justice Manmohan in his judgement.

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'Narco test does not suffer from any constitutional infirmity as it is a step in aid of investigation and any self-incriminatory statement, if made by the accused, cannot be used or relied upon by the prosecution,’ added the court.

Need for Narco analysis test

The court, however, made it clear that the test cannot be used as sole evidence to convict the accused; it can be used to get admissible evidence or to support other evidence. Also a prior permission from the concerned criminal court is necessary to go ahead with the test, the court added.

The court was hearing a petition filed by Shailender Sharma, who is accused of killing his brother’s son and hence seeking court’s intervention to stop the probe agency from conducting narco test on him.

Legal opinion is divided over its reliability and admissibility in the court of law, as some claim that a confession made by a semi-conscious person is not admissible to court. Again in the wake of human rights violation and the encroachment of individual and fundamental rights, the use of such a method by probe officials has been a subject of debate.