Debating Validity of Scientific Investigations as Opined by Courtstigation

Topics: Polygraph, Truth drug, Human rights Pages: 22 (8484 words) Published: December 1, 2012
The project elaborates the debate in relation to scientific tests. The project traces the history of investigation wherein the inducing of drugs first took place and its usage now. Further various decisions have been cited wherein the judiciary has totally prohibited the use of such drugs which are so used to extract truth out of people. There have also been instances wherein it has been misused by the investigation agencies and are rather used as a cover up for their fallacies. It has been found during the course of project that these tests should be allowed in limited circumstances and that also with the consent of the person on whom it is required to be done, thereby guaranteeing to citizens not only fundamental rights but human rights too. RESEARCH METHODOLOGY

The aim of the project is to understand the validity of scientific tests and the implications and legality of these tests and whether these tests could be conducted on persons to extract truth. Further to testify whether these tests are not ultra vires the constitution. SCOPE AND LIMITATIONS

The scope of the project is limited to analyzing the constitution articles and various covenants that deal exclusively with Human Right issues. Limited examples of cases from other countries have also been taken in order to clarify certain points but the scope of the project itself does not extend to a comparative study of the law as it exists in other countries. The basis of study is mostly limited to India. METHODOLOGY

The methodology adopted is largely analytical and descriptive. Reliance has been placed largely on secondary sources like books and articles. The lectures and classroom discussion have been rich with valuable pointers and gave direction to the research.

1. What are scientific tests actually?
2. What is their evidentiary value?
3. Do they affect the fundamental rights of the people concerned according to Indian Constitution? 4. Do these tests affect the Human Rights of the people concerned? MODE OF CITATION
A uniform system of citation is followed throughout in the contents.

Debating the Validity of Scientific Tests as opined by Courts Introduction:
The concept of scientific test basically entails gathering empirical and measurable evidence subject to specific principles of reasoning. The Oxford English Dictionary says that scientific method is: "a method or procedure that has characterized natural science since the 17th century, consisting in systematic observation, measurement, and experiment, and the formulation, testing, and modification of hypotheses. While applying this concept to criminal investigation it can be observed that this concept is used in two ways. One is when crime scene is investigated and circumstantial evidence is collected accordingly to decide upon the suspects and deduce about the crime so committed. The way that is being used these days is that the person is induced with something like a truth drug to ascertain whether that person has committed that crime or by means of lie detector (polygraph test) quantify as to whether that person has committed that crime. The focus of this paper is upon the view whether such tests by means of injecting the concerned person actually hold any validity. Concept of Narco-analysis

The term Narco-analysis is derived from the Greek word narkç (meaning "anesthesia" or "torpor") and is used to describe a diagnostic and psychotherapeutic technique that uses psychotropic drugs, particularly barbiturates, to induce a stupor in which mental elements with strong associated affects come to the surface, where they can be exploited by the therapist. The term narco-analysis was coined by Horseley. Narco analysis first reached the mainstream in 1922, when Robert House, a Texas obstetrician used the drug scopolamine on two prisoners. This drug induces the subject under the influence of the drug, so that he talks freely and is...
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