The Kerala High Court has ruled that an accused in a case is not entitled to be referred to NARCO Analysis Test in order to prove his case because such utterances are legally inadmissible [Luis v State of Kerala & Anr]. Under Article 313 of the Code of Criminal Procedure, Judge MR Anithha dismissed a petition filed by an accused who sought Suffers Narco Analysis Test to corroborate its assertions (CrPC).
The Court based its conclusion on the Supreme Court's decision in Selvi andamp; or. v. State of Karnataka, which held that when a drug analysis test is conducted with the use of certain drugs, the person is not conscious and can make subconscious revelations. As a result, the High Court determined that remarks made during such examinations cannot be used in court, even if the subject voluntarily submits to them.
"The above-mentioned settled legal principles unequivocally state that the revelations made during Narco Analysis while under the influence of a specific drug cannot be interpreted as a conscious act or statement made by a person. The possibility of the accused making exculpatory statements in support of his defense cannot be ruled out. There is no mechanism in place, and the current Detective Agency is also ill-equipped to assess the credibility of the accused's revelations. The Investigating Officers would also struggle to reach a definitive conclusion regarding the veracity of the revelations made and other evidence already gathered by them “According to the court order.
A guy was charged with rape by a Fast Track Special Judge under Section 376(2)(i) of the Indian Penal Code and the provisions of the Protection of Children from Sexual Offenses Act, 2012, and filed the petition (POCSO Act). The case against him was referred to the Special Court for defense evidence, at which point the petitioner asked permission to submit to a narco analysis test, which the Special Judge declined.