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International Journal for Research Trends and Innovation
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ISSN Approved Journal No: 2456-3315 | Impact factor: 8.14 | ESTD Year: 2016
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Impact Factor : 8.14
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| Paper Title: | Right against self-incrimination: A study with reference to narco-analysis |
| Authors Name: | Swati Kadyan |
| Download E-Certificate: | Download |
| Author Reg. ID: |
IJRTI_203330
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| Published Paper Id: | IJRTI2505013 |
| Published In: | Volume 10 Issue 5, May-2025 |
| DOI: | |
| Abstract: | The doctrine of right against self-incrimination has a long history evolving over centuries across different legal systems worldwide. The roman legal system recognised the concept of “Nemo tenetur seipsum accusare” which means ‘no man is obliged to accuse himself’. This maxim was later developed during the medieval period as a safeguard against the system of abuses of inquisition, especially in the trial of John Lilburn, when he refused to take the oath or to answer against himself. The English bill of Rights(1689) further set in stone the right to not to be compelled against oneself. The right is later incorporated in the constitution of the United states in the Fifth amendment and afterwards in Article 20(3) of the Indian constitution. The use of narco-analysis test is not only a violation of fundamental right, but its use as evidence is prohibited in court due to its unreliability and nature of abuse. This study seeks to analyse the nature and scope of narco-analysis tests, examining their scientific basis, limitations, and potential for abuse. It critically analyses the legal framework governing the use of narco-analysis tests in India, including relevant judicial pronouncements and legislative provisions. Furthermore, the study investigates the key arguments for and against the admissibility, scientific validity and reliability of evidence obtained through narco- analysis tests in Indian judicial courts. It examines the concerns raised regarding the voluntariness of statements made under the influence of drugs, the potential for coercion and manipulation, and the impact of such tests on the integrity of the criminal justice system. Finally, the study offers a critical evaluation of the legal and policy framework in India along with comparison with UK and USA. The study concludes by emphasizing the need for a balanced approach that safeguards the rights of the accused and proposes potential reforms to ensure that the use of such techniques is consistent with the principles of human rights and the rule of law |
| Keywords: | Right Against Self-Incrimination, Narco-analysis Tests, Human Rights, Indian Constitution |
| Cite Article: | "Right against self-incrimination: A study with reference to narco-analysis", International Journal for Research Trends and Innovation (www.ijrti.org), ISSN:2455-2631, Vol.10, Issue 5, page no.a127-a141, May-2025, Available :http://www.ijrti.org/papers/IJRTI2505013.pdf |
| Downloads: | 000422 |
| ISSN: |
2456-3315 | IMPACT FACTOR: 8.14 Calculated By Google Scholar| ESTD YEAR: 2016 An International Scholarly Open Access Journal, Peer-Reviewed, Refereed Journal Impact Factor 8.14 Calculate by Google Scholar and Semantic Scholar | AI-Powered Research Tool, Multidisciplinary, Monthly, Multilanguage Journal Indexing in All Major Database & Metadata, Citation Generator |
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Published Paper ID: IJRTI2505013
Registration ID:203330
Published In: Volume 10 Issue 5, May-2025
DOI (Digital Object Identifier):
Page No: a127-a141 Country: Panipat, Haryana, India Research Area: Arts Publisher : IJ Publication Published Paper URL : https://www.ijrti.org/viewpaperforall?paper=IJRTI2505013 Published Paper PDF: https://www.ijrti.org/papers/IJRTI2505013 |
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ISSN: 2456-3315
Impact Factor: 8.14 and ISSN APPROVED,
Journal Starting Year (ESTD) : 2016
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