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Narco & beos


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Narco & beos

  1. 1. 4/19/2013 saurabh bhargava 1Narco Analysis&BEOS
  2. 2. DefinitionNARCO-ANALYSIS Refers to the practice ofadministering barbiturates or certain otherchemical substances ( pentothal sodium ) , tolower a subject’s inhibitions, in the hope thatthe subject will more freely share informationand feelings.4/19/2013 2saurabh bhargava
  3. 3. The term Narco-Analysis is derivedfrom the Greek word narkç(meaning "anesthesia" or "torpor")4/19/2013 3saurabh bhargava
  4. 4. The term Narco-Analysisis used to describe adiagnostic and psychotherapeutictechnique that uses psychotropicdrugs, particularly barbiturates, toinduce a stupor in which mentalelements with strong associatedaffects come to the surface, wherethey can be exploited by the therapist.4/19/2013 4saurabh bhargava
  5. 5. • It’s a psychotherapy conducted while thepatient is in a sleep like state induced bybarbiturates or other drugs.4/19/2013 5saurabh bhargava
  6. 6. WHO INVENTED THIS ?4/19/2013 6saurabh bhargava
  7. 7. HistoryIn 1916 , Dr. Robert House an obstetrician whonoticed that the popular obstetric anestheticdrug, scopolamine would put his patients into astate where they would deliver information in a waythat seemed automatic.Dr. House had asked patient’s husband for a scale toweigh the newborn. The man looked for it andreturned to the bedroom saying he could not find it,whereupon his wife(patient), still under theanesthetic, told him exactly where it was.4/19/2013 7saurabh bhargava
  8. 8. In 1922, Dr House tried the techniqueon two prisoners in a Dallasjail, helping to exonerate both.The term narco analysis was coined byHorseley .4/19/2013 8saurabh bhargava
  9. 9. Procedure• In the Narco Analysis Test, the subjectsinhibitions are lowered by interfering with hisnervous system at the molecular level. In thisstate, it becomes difficult though notimpossible for him to lie .In such sleep-likestate efforts are made to obtain "probativetruth" about the crime.4/19/2013 9saurabh bhargava
  10. 10. Over the counterTRUTH SERUM4/19/2013 10saurabh bhargava
  11. 11. Drugs commonly usedin narco analysis• BarbituratesSodium amytal(amobarbital)Sodium pentothal(thiopental)Seconal(seconbarbital)• Benzodiazepinese.g.diazepamlorazepammidazolam4/19/2013 11saurabh bhargava
  12. 12. Mechanism of action ofdrugsused in narco analysisBarbiturates• Enhance the activity ofGABA; increasing actions ofthis neurotransmitter• Inhibit the entry of Ca2+ ionin presynaptic nerveterminals ,thus decreasingthe release ofneurotransmitter• Inhibition of RAS (ReticularActivating System) resultingin respiratory depressionBenzodiazepines• Increases the affinity ofGABA receptors• Inhibit spinal polysynapticafferent pathway resultingin relaxation of skeletalmuscles4/19/2013 12saurabh bhargava
  13. 13. WWII4/19/2013 13saurabh bhargava
  14. 14. During World War II, these drugs wereused as the first intravenous anaestheticsand were used to treat traumatizedsoldiers who had lost their memories orhad aphasia . Doctors found that usingthese drugs would make it easier forpeople to say what happened, and thishelped them feel better .4/19/2013 14saurabh bhargava
  15. 15. Procedural requirements4/19/2013 15saurabh bhargava
  16. 16. Directorate of ForensicScience(DFS) under the MHA ofGovt. of India has issued a WorkingProcedural Manual describing theprocedural requirements withprovisions for necessarymodifications by SFSLs.4/19/2013 16saurabh bhargava
  17. 17. Operation Theatre• Narco analysis is conducted in a specific andcontrolled medical set up.• facilities that must be present during narco analysis-Facilities for monitoring vital physiologicalparameters ( ECG monitor)Availability of emergency medical facilities(defibrillator,endotracheal intubation,oxygencylinder,laryngoscope)Anaesthesia machinesPulse oxymeter4/19/2013 17saurabh bhargava
  18. 18. Team of experts In India, the narco analysis test is done by ateam comprising of• A psychiatrist,• An anaesthesiologist,• A general physician,• A forensic psychologist,• Supporting nursing staff,• An audio-videographer and• Interpretor, if needed.4/19/2013 18saurabh bhargava
  19. 19. psychiatristA psychiatrist certifiesthat the subject’smental status as fit,as a number ofpsychiatric conditionslike clinical depressionand psychosis arecontra-indicative.4/19/2013 19saurabh bhargava
  20. 20. Forensicpsychologist•forensic psychologistis the one who is goingto conduct theinterview•The questions areselected very carefullyand should be concise, precise & relevant4/19/2013 20saurabh bhargava
  21. 21. anaesthesiologist•Administration ofdrug•Maintenance ofnarcotic state•To monitor levels ofsedation and oxygensaturation4/19/2013 21saurabh bhargava
  22. 22. general physician•He has to certify thatthe subject is fit forundergoing thisprocedure•Also he has to beattentive all throughthe proceduretowards anysignificant changes , ifany, in the subject’svital physiologicalsigns4/19/2013 22saurabh bhargava
  23. 23. VideographyThe whole process of any subjectundergoing narco-analysis is videographed4/19/2013 23saurabh bhargava
  24. 24. Forensic Science LaboratoryBangalore,Karnataka andForensic Science LaboratoryGandhinagar,Gujarat.4/19/2013 24saurabh bhargava
  25. 25. THE TECHNIQUE:4/19/2013 25saurabh bhargava
  26. 26. • Narco Analysis is conducted by injecting 3grams of sodium pentothal dissolved in 300 mlof distilled water and this prepared solution isadministered intravenously over a period of 3hours with the help of anaesthetist .• The dose is dependent on the person’s sex ,age , health and physical condition.4/19/2013 26saurabh bhargava
  27. 27. .4/19/2013 saurabh bhargava 27The rate of administration is socontrolled to drive the suspect slowlyinto the state of hypnotic trance.The ECG and blood pressure aremonitored continuously throughout thetesting procedure.
  28. 28. Pre test interview• A pre test interview is conducted mainly toprepare the subject to undergo the procedurewhich involves—A written informed consentA thorough mental status examinationInformation regarding the possible main and sideeffects of drug4/19/2013 28saurabh bhargava
  29. 29. Post test counseling• The dual purpose of the post test counselingis—Monitoring the subject’s medical conditionDiscuss the information revealed during theprocedure; subject is given the opportunity toexplain the information revealed4/19/2013 29saurabh bhargava
  30. 30. The report•The forensic psychologist will prepare thereport about the revelations, which will beaccompanied by a compact disc of audio-video recordings.• The strength of the revelations, if necessary, isfurther verified by subjecting the person topolygraph and brain mapping tests.4/19/2013 30saurabh bhargava
  32. 32. Article 20 (3) of the IndianConstitution• Clause (3) of Article 20 (Right AgainstSelf Incrimination) declares that-• “ no person accused of an offence shallbe compelled to be a witness againsthimself “4/19/2013 32saurabh bhargava
  33. 33. InterestinglyThe results of Lie-detector or Brain- Mappingor electronic surviellance or DNA finger-printing are not statements made by thewitness, but merely extracting informations, hence do not violate Article 20(3).However, narco-analysis Test (injecting 3grams of pentathol in subject’s body) resultsinto involuntarily making a statement andhence violation of Art. 20(3)4/19/2013 33saurabh bhargava
  34. 34. Section 161(2) CrPC• S.161 (2) of the Code of Criminal Procedurestates that every person—“is bound to answer truthfully all questions,put to him by (a police) officer, other thanquestions the answers to which would have atendency to expose that person to a criminalcharge, penalty or forfeiture”.4/19/2013 34saurabh bhargava
  35. 35. ‘Truth Serum’name justified???• Narco analysis does not guarantee thatwhatever the person speaks is the truth, itsjust his sub-conscious mind which iscontrolling him and in such a case evenfantasies are spoken with the same intensityas any other thing and so in such a case,culling out a truthful statement from other isneither easy nor possible.4/19/2013 35saurabh bhargava
  36. 36. Lethal dose• The dose may lead to coma state and evendeath of the subject also if not properlymaintained/regulated.4/19/2013 saurabh bhargava 36
  37. 37. Facts from the past• Narco test harmed vision: Ahmedabad Blastaccused(Mujib Sheikh,an engineering student)• Post-narco test, driver screams memory loss(Bandhavgarh National Park)4/19/2013 37saurabh bhargava
  38. 38. Isn’t it a form of3rd degree torture• I am of the view that it is also as grave as thirddegree torture as in both the cases you makethe person speak what you want.• Just because it does not leave any mark on thebody of the accused does not mean its nottorturing of the person.• It has been held as rape of mind by thehonorable Supreme Court in the case of Selvialso.• For me torture remains torture, physical orotherwise.4/19/2013 38saurabh bhargava
  39. 39. WHAT ABOUT HUMANRIGHTS???• It is nothing but a gross violation of HumanRights of Accused.• And just because a person is accused, it doesnot mean he/she is not having Human Rightsor Fundamental Rights.4/19/2013 39saurabh bhargava
  40. 40. ADMISSIBILITY• If such statement is used to assist in makingsome recovery u/s 27 of The Indian EvidenceAct-1872, then it is admissible.4/19/2013 40saurabh bhargava
  41. 41. Abu Salem (right), one of the accused in the 1993 Mumbai serial bomb blastscase and a close associate of the underworld don Dawood Ibrahim, after anarcoanalysis test at Bowring Hospital, Bangalore, in December 2005.4/19/2013 41saurabh bhargava
  42. 42. Abdul Karim Telgi, the kingpin of the stamp paper scam, being broughtto a Bangalore court in 2003. Telgi underwent narcoanalysis inBangalore.4/19/2013 42saurabh bhargava
  43. 43. Surender Koli and Moninder Singh Pandher main accused in the Nitharicase, coming out from a forensic science laboratory in Gandhinagar inJanuary 2007 after narcoanalysis.4/19/2013 43saurabh bhargava
  44. 44. 4/19/2013 44saurabh bhargava
  45. 45. Rajesh Talwar underwent narco test as one of the main accus in famousAarushi-Hemraj murder case.4/19/2013 45saurabh bhargava
  46. 46. 4/19/2013 46saurabh bhargava
  47. 47. 4/19/2013 saurabh bhargava 47
  48. 48. BEOS( Brain Electrical Oscillation Signature )4/19/2013 saurabh bhargava 48
  49. 49. What is it???• Brain Electrical Oscillation Signature Profiling(BEOS) is a scientific tool, which measures thechanges in electrical activity of the brainassociated with the presence of knowledgeprovoked by a probe, when the suspect does nothas to offer an answer or response.• BEOS is used to identify individuals withExperience of participating in a crime.4/19/2013 saurabh bhargava 49
  50. 50. Invention• They do say that is history is cyclical. It wasEurope’s turn in the nineteenth century, theturn of the US in the twentieth, and now Indiahas been bitten by the belief that mindreadingis possible and is holding the torch in the raceof developing and implementing newer ,better and more promising techniques forextraction of information from criminal minds.4/19/2013 saurabh bhargava 50
  51. 51. 4/19/2013 saurabh bhargava 51• The inventor of the Brain ElectricalOscillations Signature test is apsychologist from Bangalore calledChampadi Raman Mukundan.
  52. 52. The Concept• Mukundan had some data on the linksbetween the brain and memory , and hetranslated it into a set of eleven physiologicalvariables. If all eleven variables come uppositive on an electroencephalogram, thenthe statement being read out to a suspect wasassumed to be true.4/19/2013 saurabh bhargava 52
  53. 53. 4/19/2013 saurabh bhargava 53• Knowing and Remembering are two Neuro-cognitive processes, of which-• Knowing refers to the cognitive process ofrecognition with or without familiarity,• Remembrance is the recall of episodic andautobiographical details from a person’slife.(Mukundan, 2008).
  54. 54. 4/19/2013 saurabh bhargava 54• Recognition orKnowledge is aconceptualrepresentation, acquired through variousmeans ofcommunication andconceptualization• Remembrance is theneuro-cognitiveprocess of bringingpersonal past to thepresent and thusinvolves PersonalExperience of anindividual which wasgained by personalparticipation.
  55. 55. How does it works• The program of Brain Electrical OscillationSignature Profiling does not measureKnowledge but it measures remembrance ofthe Experiential Knowledge orautobiographical information, which consistsof awareness of internal processing orremembrance, sensory-motor mentalimageries associated with experience.4/19/2013 saurabh bhargava 55
  56. 56. Conti..• The electrical activity related to remembrance is calledthe “Signature” of the experience.• The process is defined as the retrieval of theExperiential Knowledge.• The signature will be present only if a remembrancecan be evoked by the specially designed probes.• Absence of Experiential Knowledge results in theabsence of the signature.• Experiential knowledge is facilitated by awareness ofcontextual details and emotional arousal if present.(Mukundan, 2007)4/19/2013 saurabh bhargava 56
  57. 57. Probes used in BEOS Probes are used to stimulate the brain of asubject for the purpose of eliciting evoked andinduced responses, which can be linked to thecontents of the probes.The contents of the probes are associatedwith the various aspects of the crimeinvestigated and control situations. Auditory Probes Visual Probes4/19/2013 saurabh bhargava 57
  58. 58. Essential conditions for successfulBEOS examination4/19/2013 saurabh bhargava 58
  59. 59. Consent• Subject has the constitutional right to refuseto take test• Written consent ; if voluntarily take test• No need of consent , if court orders for thetest4/19/2013 saurabh bhargava 59
  60. 60. Interview with IOThe list of activities to be examined is to beevolved by the expert by interviewing theIO, subject, eyewitnesses and others who haveknowledge of the crime.4/19/2013 saurabh bhargava 60
  61. 61. BEOS system• Video integrated EEG with multiple (32) channelsis advantageous for understanding thetopographic distribution and significance of thesignals.• High quality , non polarizing electrodes areplaced according to internationally acceptedsystems of recording• Computer software which enables acquisition ofthe electrical oscillations and their analysis forextracting the specific neurocognitive processingmarkers (signature)4/19/2013 saurabh bhargava 61
  62. 62. The examiner• BEOS examination depends upon theeducational background (preferably Ph.D inPsychology) , personality , integrity, objectivity and experience of the examiner4/19/2013 saurabh bhargava 62
  63. 63. The examinee• Subject should be in good mental and physicalcondition• Subject shouldn’t be under the influence ofalcohol , drugs etc.• Has no grave mental abnormalities4/19/2013 saurabh bhargava 63
  64. 64. BEOS examinationrooms• The examination room should be sound ,electrical proof and air-conditioned withprovision of one side mirror and CCTV &recording system4/19/2013 saurabh bhargava 64
  65. 65. Privacy• In the examination room ; none except theexaminee is present• The examiner & his staff are present inside theanalysis room• The counsel of the subject and police officer maywatch from outside through one side mirror orCCTV monitor4/19/2013 saurabh bhargava 65
  66. 66. Objectives of BEOS• To exonerate innocent person who may besuspected to have been involved in the crime• To identify individual(s) who are perpetratorsto the crime with certainty• To differentiate the actual perpetrator of thecrime from those who may have onlyconceptual knowledge of the crime4/19/2013 saurabh bhargava 66
  67. 67. Advantages of BEOSover other techniques• No response required from subject• No interaction with subject during theprocedure• Non invasive technique• No human factor• No suggestibility• Monitoring of brain for presence ofexperience of the concerned4/19/2013 saurabh bhargava 67
  68. 68. References:• Textbook of Forensic Medicine And Toxicology V.VPillai .15 TH EDITION• Wikipedia, the free encyclopedia• Handbook of Forensic Psychology; by Dr. VimalaVeeraraghavan• Indian J Med Ethics 2006 Oct-Dec; 3: 116-117.• Text book of pharmacology by Tripathi• Jesani A. Medical professionals and interrogation:lies about finding the truth.• www.timesofindia.com4/19/2013 saurabh bhargava 68