Context:
The Central Bureau of Investigation (CBI) has recently received authorization to conduct a polygraph test on the primary suspect involved in the rape and murder of a postgraduate doctor at Kolkata Medical College. This measure is aimed at verifying the consistency of the suspect’s statements and detecting any possible deceit. The use of a polygraph test is part of a broader investigative effort to ascertain the truth and ensure justice in this high-profile case.
Relevance:
GS II: Government Policies and Interventions
Dimensions of the Article:
- Polygraph Tests
- Legal Considerations for Polygraph Tests in India
- NHRC Guidelines on Conducting Polygraph Tests
Polygraph Tests
- A polygraph, commonly known as a lie detector test, monitors multiple physiological functions like blood pressure, heart rate, respiration, and skin conductivity while the subject answers a series of questions.
- The test operates under the premise that specific physiological reactions associated with lying are distinctly different from normal responses.
- The concept was initially explored by Cesare Lombroso, an Italian criminologist in the 19th century, who developed a device to measure blood pressure variations during suspect interrogations.
Comparison with Narco-Analysis
- Narco-Analysis Method: This technique involves administering sodium pentothal to the subject to induce a state that lowers their inhibitions, purportedly making them incapable of lying.
- Purpose: The induced state is believed to facilitate the extraction of honest information as it temporarily diminishes the subject’s control over their responses.
Reliability and Use
- Scientific Accuracy: Both polygraph and narco-analysis are not universally accepted as foolproof methods for determining truthfulness. Their reliability and accuracy remain subjects of debate within the scientific community.
- Application in Law Enforcement: Despite the controversy surrounding their accuracy, these methods are employed by investigative bodies as less coercive alternatives to harsher interrogation techniques to glean truth from suspects.
Legal Considerations for Polygraph Tests in India
- Constitutional Constraints: Polygraph tests, along with narco-analysis and brain mapping, when conducted without the consent of the individual, contravene Article 20(3) of the Indian Constitution. This article safeguards individuals from being compelled to incriminate themselves.
- Consent Requirement: For these tests to align with constitutional mandates, voluntary consent from the individual is crucial. Without it, such tests infringe upon personal rights and liberties.
- Human Rights Concerns: There is considerable judicial scrutiny concerning these tests as they potentially impinge on the right to life and personal liberty as enshrined in Article 21 of the Constitution due to their intrusive nature.
NHRC Guidelines on Conducting Polygraph Tests
- Voluntary Participation: Individuals must voluntarily consent to undergo polygraph tests, and they retain the right to decline.
- Informed Consent: The individual must be thoroughly briefed by law enforcement and legal counsel about the test’s intentions, methodologies, and potential legal ramifications.
- Documentation of Consent: Consent must be formally documented and validated by a Judicial Magistrate to ensure it meets legal standards.
- Legal Representation and Evidence: During legal proceedings, law enforcement is required to demonstrate that consent was freely given, with appropriate documentation prepared by legal representatives.
- Treatment of Statements: Any declarations made during the polygraph are considered general statements to the police and should not be interpreted as confessions.
- Judicial Evaluation: Judges assess the polygraph results by considering the context of the individual’s detention, the interrogation’s nature, and other relevant factors to ensure a fair evaluation.
-Source: Economic Times
