Ban on narco test likely to be recommended
The Law Commission of India is likely to recommend a ban on narco analysis test as it violates the basic human rights.
The Law Commission's report to be tabled before the board next month for approval may suggest that revelations made under the influence of the drugs cannot be considered as reliable and violated basic human rights.
The proposed report claims that hardened criminals may lie despite being under the influence of drugs. Others may also successfully disguise actual facts.
The report claims that several police forces across the world have found narco tests as unreliable means to find truth.
Sources said the report would be submitted to the government after approval by the board members.
The Commission, headed by Justice A R Lakshmanan, took up the issue following a request from the Forensic Science Society of India which had expressed serious concern at the widespread use of narco analyses in police investigation during the past few years. The society claimed that such tests have been banned by several countries years ago.
"As of now, no firm opinion has been formed as we are still working on the report," a senior Commission official told PTI.
It is not binding on the government to accept the recommendations made by the Commission.
The legislative intent of the law can best be judged if you know the language, Khalap said.
Replying to a question, he said that after the inventory or translation is done, it would depend on the state Legislative Assembly to change the laws or continue enacting them in the same form.
"We will just suggest to the state government what can be done after examining each law carefully," he said.
The law commission members who met the media for the first time after the constitution of the body said that their mandate is to review or repeal obsolete laws in force in the state.
The commission expects to rectify defects in the existing laws and identify laws which require changes or amendments and make suitable modifications or amendments to the existing laws.
"The commission will generally examine the existing laws in the light of the directive principles of state policy and suggest ways of improvement and reform," he said.