Dr Madhav Madhusudan Singh
MBBS, MHA
(AIIMS) , MBA (Finance), Ph.D. ( Hosp Mx)
Introduction:
Narcoanalysis
is a technique that has been used for several decades in criminal
investigations to extract information from a subject. It involves the
administration of a drug that induces a trance-like state and allows the
subject to talk freely and reveal information that they might not otherwise
disclose. Narcoanalysis has been a subject of controversy due to its ethical
and legal implications.
Historical
Background
The
use of drugs to induce a trance-like state dates back to ancient times. The
Greeks and Romans used opium, mandrake, and other substances to induce a state
of euphoria and relaxation. In the early 20th century, scientists began to
study the effects of drugs on the mind and developed techniques to induce a
state of hypnosis. Narcoanalysis was first used in the 1920s by a psychiatrist
named Dr. William Bleckwenn, who used the technique to treat patients with
psychiatric disorders.
Purpose
of Narcoanalysis
The
primary purpose of narcoanalysis is to extract information from a subject. It
is commonly used in criminal investigations to obtain confessions or to
identify accomplices or witnesses. The technique is also used in other
contexts, such as in psychotherapy to help patients recover repressed memories.
Law Applicable in India
Section
45 of the Indian Evidence Act, 1872, allows for the use of expert opinion based
on scientific principles in the court of law. Narcoanalysis is considered a
scientific technique and can be admissible as evidence in court. However, the
use of narcoanalysis raises questions about the admissibility of the evidence
obtained and the violation of the subject's rights.
Constitutionality
of Narcoanalysis
The
use of narcoanalysis has been challenged on the grounds that it violates the
fundamental rights of the subject, including the right against
self-incrimination and the right to privacy. In 2010, the Supreme Court of
India addressed these concerns in the case of Selvi and Others v. State of
Karnataka. The court held that the use of narcoanalysis, along with other
techniques such as polygraph and brain mapping, violates the right against
self-incrimination and the right to privacy. The court ruled that narcoanalysis
can only be conducted with the subject's informed consent and under the
supervision of a medical professional.
Important Court Cases in India &
Court Decisions
Selvi and Others v. State of Karnataka
(2010)
In
the case of Selvi and Others v. State of Karnataka, the Supreme Court of India
addressed the admissibility of narcoanalysis as evidence in court. The court
held that the use of narcoanalysis violates the right against
self-incrimination and the right to privacy. The court ruled that narcoanalysis
can only be conducted with the subject's informed consent and under the
supervision of a medical professional. The court also stated that the evidence
obtained through narcoanalysis cannot be used as evidence in court.
The
court observed that the use of narcoanalysis violates the right against
self-incrimination because it forces the subject to reveal information that may
be incriminating. The court also noted that the use of narcoanalysis violates
the right to privacy because it involves the administration of a drug that can
affect the subject's mental state.
The
court further ruled that narcoanalysis can only be conducted with the subject's
informed consent. The subject must be informed of the nature and purpose of the
procedure, the possible risks and side effects, and their right to refuse the
procedure. The court also stated that the procedure must be conducted under the
supervision of a medical professional and that the subject must be given
adequate medical care before, during, and after the procedure.
State of Gujarat v. Abdul Karim Telgi
(2007)
In
the case of State of Gujarat v. Abdul Karim Telgi, the Gujarat High Court
addressed the admissibility of evidence obtained through narcoanalysis. The
court held that the evidence obtained through narcoanalysis is admissible in
court if it meets the following criteria:
1. The subject's consent was obtained voluntarily
and without coercion or duress.
2. The procedure was conducted by a qualified
medical professional in a hospital or laboratory setting.
3. The subject was informed of the nature and
purpose of the procedure and the possible risks and side effects.
4. The procedure was conducted in a safe and
humane manner.
The
court also noted that the evidence obtained through narcoanalysis should be
corroborated by other evidence and that it should be used only as a supplementary
means of evidence.
People's Union for Civil Liberties
(PUCL) v. Union of India (2011)
In
the case of People's Union for Civil Liberties (PUCL) v. Union of India, the
Supreme Court of India addressed the issue of whether the use of narcoanalysis
violates the right to privacy. The court held that the use of narcoanalysis
does not necessarily violate the right to privacy if certain safeguards are in
place.
The
court stated that the use of narcoanalysis should be subject to the following
safeguards:
1. The procedure should be conducted in a
hospital or laboratory setting by a qualified medical professional.
2. The subject's informed consent should be
obtained voluntarily and without coercion or duress.
3. The subject should be informed of the nature
and purpose of the procedure, the possible risks and side effects, and their
right to refuse the procedure.
4. The procedure should be conducted in a safe
and humane manner.
5. The evidence obtained through narcoanalysis
should be corroborated by other evidence and should be used only as a
supplementary means of evidence.
The
court also stated that the subject's right to privacy can be protected by
limiting the dissemination of the information obtained through narcoanalysis.
Precautions Hospital Should Take
Narcoanalysis
is a controversial and invasive procedure that can have serious implications
for the subject's physical and mental health. Hospitals that perform
narcoanalysis must take precautions to ensure the safety and well-being of the
subject. Some of the precautions that hospitals should take include obtaining
informed consent, providing medical supervision, and maintaining accurate
records.
Informed Consent
Informed
consent is an essential precaution that hospitals should take when conducting
narcoanalysis. The subject must be fully informed about the nature and purpose
of the procedure, as well as the potential risks and benefits. The subject must
also be given the option to refuse the procedure without any consequences or
pressure.
The
hospital should provide the subject with a clear and concise explanation of the
procedure, including the drug that will be used and the expected effects. The
subject should also be informed about the potential risks, such as adverse
reactions to the drug, allergic reactions, and psychological trauma. The
hospital should also explain the benefits of the procedure and how the
information obtained will be used.
The
subject should be given ample time to consider their options and ask any
questions they may have. The hospital should also ensure that the subject is
mentally and emotionally capable of providing informed consent. If the subject
is deemed incapable of providing informed consent, the procedure should not be
conducted.
Medical Supervision
Another
important precaution that hospitals should take when conducting narcoanalysis
is providing medical supervision. Narcoanalysis is a medical procedure that can
have potentially dangerous side effects. The subject's vital signs should be
monitored throughout the procedure, and a medical professional should be
present to respond to any adverse reactions.
The
medical professional should be trained in the administration of the drug and
the potential side effects. They should also be prepared to intervene if the
subject experiences any adverse reactions, such as difficulty breathing,
seizures, or cardiac arrest. The medical professional should also be prepared
to administer any necessary medical treatment, such as oxygen, medications, or
emergency resuscitation.
Maintenance of Records
Hospitals
that perform narcoanalysis must also maintain accurate records of the
procedure. The hospital should document the subject's informed consent, the
details of the procedure, and any adverse reactions or complications. The
hospital should also document the results of the procedure and how the
information obtained was used.
The
hospital should ensure that the records are stored securely and kept
confidential. The subject's privacy should be protected, and the information
should not be disclosed to unauthorized parties. The hospital should also
ensure that the records are accessible in case they are needed for legal or
medical purposes.
Conclusion
In
conclusion, hospitals that perform narcoanalysis must take all necessary
precautions to ensure that the subject's rights and well-being are protected.
The use of narcoanalysis should be limited to situations where there is no
other means of obtaining important information, and the subject's informed
consent is obtained. The hospital should provide medical supervision and
maintain accurate records to ensure that the subject's safety is protected, and
their privacy is respected.
Dr Madhav Madhusudan Singh MBBS, MHA , MBA , Ph.D
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Disclaimer: The views expressed in this text are solely the
personal opinions of the author and do not represent the views of any
organization or entity with which the author may be affiliated.
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