Science is an ever growing and rapidly developing field in the present era, and it has its immediate impact on every sector such as on economic, society, and culture and even on law. One such fruit of scientific technology is Deception Detective Tests. To name a few – Polygraph, Brain mapping, Narco – analysis. Where using these tests in investigations can help
the officers to extract the truth from the accused.
The facelessness of the Internet has enrooted various new crimes, with people committing crimes in cyberspace that they would not otherwise commit and the possibility of adopting multiple identities can be incentives for criminal
behaviour. The change is not merely in the new crimes but also new ways of committing traditional crimes.
The development in technology has two facades to it, one side it is helping people to be more productive and progresses, on the other side, and it is helping criminals too to commit crimes without a trace of evidence. Hence, the use of such deceptive detective tests is becoming inevitable for the investigation process.
As propounded by Bentham and Mills, Law is dynamic and not static and therefore, as society evolves, law has to keep in consonance with the changing social order. Law is the instrument of societal change and the judiciary has the responsibility of interpreting the law for the greater good.2 Therefore, it is clear that the judiciary need cope up with the advancement of
human kind.
If the criminals use new technology in committing the crimes, the enforcement agencies have to use the new techniques in solving such crimes. If the investigators are reluctant to use these new technologies for solving such Critical Analysis Of Truth Serum Test In India Vaishnavi Sabhapathi1 complicated the crimes, it would be very difficult to detect the culprits of such crimes. Therefore, in the context of the changing organised modern criminal who are taking shelters behind and making full use of new sophisticated technologies. Krishna Iyer J. Remarked, “the courts self-criminate themselves if they keep the
gates partly open for culprit to flee the justice under the guise of interpretative enlargement of golden rule of criminal jurisprudence.”3 But the question lies in how far these tests are valid and what is the extent of permissibility of such tests. In this paper the author tries to understand a specific deceptive detective test, which is Narco analysis.
OBJECTIVE OF THE RESEARCH
During the process of this research, the researcher has focused on the following subjects
Procedure of the Narco – Analysis Test.
Constitutional Validity of the test in India.
Evidentiary Value of the test in India.
Various cases where the test has been conducted.
RESEARCH METHODOLOGY
This research article based on doctrinal and analytical method of research. While writing this article the researcher has collected data from books of imminent authors, law journals, news articles and other such various websites.