NARCO-ANALYSIS AND ITS CONSTITUTIONALITY IN INDIA: A CRITICAL STUDY

This paper examines the evolution of criminal justice systems as mechanisms for regulating societal behavior and maintaining order. Laws are enacted to define acceptable conduct, with deviations classified as crimes—wilful violations of societal codes. Historically, crime was viewed as a rare mental aberration, prompting the creation of law enforcement agencies endowed with authority over citizens. To prevent misuse of this power, structured criminal justice systems emerged. The paper traces the roots of criminal justice in ancient India, where Vedic scriptures and village assemblies guided adjudication, prioritizing social good over individual rights and employing punishment for retribution, deterrence, and occasionally victim compensation. Under Muslim rule, Islamic law emphasized severe and exemplary punishments, adopting a retributive “eye for an eye” philosophy. The study highlights that concern for human rights within criminal justice administration is a relatively recent development, contrasting with earlier systems that focused primarily on societal order and deterrence rather than individual welfare.