Allahabad High Court Rejects Prayer Of Murder Accused To Conduct Their Own, Complainant's NARCO Analysis Test

The Allahabad High Court recently rejected the prayer of certain murder accused who sought a brain mapping test/NARCO/lie detector test upon themselves as well as the complainant so as to contract out the truth of the case.

The bench of Justice Rajan Roy and Justice Sanjay Kumar Pachori however, clarified that if the Investigating Officer, on his own, decides to get the said tests conducted, then he can get the test conducted subject to the consent of the accused.

The bench was essentially dealing with the Criminal Writ plea of the murder accused who sought utilization of modern scientific technique of a 'brain mapping test' like 'NARCO' or 'lie detector test' upon themselves as well as of the complainant to lead the investigation in the right direction and to extract the truth of the case.

It was their clear stand before the Court that though such tests are not admissible in evidence as per the Indian Evidence Act, however, they could be helpful in giving a direction to the investigation and revealing the truth.

On the other hand, the state objected to the prayer while referring to Kerala High Court's ruling in the case of Louis v. State of Kerala, wherein a similar request made at the behest of the accused, was denied on the ground that such narco analysis test, etc. are not admissible as evidence and also that the accused does not have any such enforceable right.

Against this backdrop, the Allahabad High Court, at the outset, took into account the Kerala High Court's observations in the case of Louis v. State of Kerala where it was noted that a Narco Analysis is conducted under the influence of a particular drug and therefore, the same cannot be taken as a conscious act or statement given by a person.

The Court further noted that the Kerala HC had observed in its order that the possibility of the accused himself making exculpatory statements to support his defence also cannot be ruled out.

Therefore, agreeing with the ruling of the Kerala HC and holding that the result of the brain mapping test or narco or lie detector test would not be admissible in evidence, the Court refused to issue any such mandamus for disposal of the petitioners/accused application for undertaking such exercise by the Investigating Officer. 

Case title - Saroj Kumar And Others v. State Of U.P. Thru. Secy. Deptt. Home, Up Civil Sectt. Up Lko. And Others [CRIMINAL MISC. WRIT PETITION No. - 7559 of 2022]

Case Citation: 2022 LiveLaw (AB) 478

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