The Uttar Pradesh government’s recent decision to conduct polygraph and narcoanalysis tests on accused persons and all involved police personnel forms part of the investigation into the alleged gangrape and murder of a 19-year old in Hathras. Such practice marks a crucial turning point in law enforcement’s approach towards crime investigation.
Understanding Polygraph or Lie Detector Test:
A Polygraph, or Lie Detector Test, is a procedure that records numerous physiological indicators like blood pressure, pulse, respiration and skin conductivity while a person answers a sequence of questions. This test is founded on the assumption that the physiological responses triggered when a person lies vary from their typical responses. Each response is assigned a numerical value to conclude if the person is truthful, deceptive, or unsure.
The first semblance of a Polygraph test was conducted during the 19th century by Italian criminologist Cesare Lombroso. He used a machine to measure changes in criminal suspects’ blood pressure during interrogation.
Narcoanalysis Test – The Truth Serum:
The Narcoanalysis Test involves injecting a drug, sodium pentothal, which induces a state of sedation where the subject’s imagination is neutralized. The expectation is that the person will then divulge truthful information. Historically, this “truth serum” was used as anesthesia during surgery and was supposedly used during intelligence operations in World War II.
Investigative agencies have recently started considering these tests as a softer alternative to harsh interrogation techniques (“third degree”) to extract the truth from suspects.
The Brain Mapping Test or P-300 test:
This testing method measures the brain activity of a suspect during an interrogation to determine if they are withholding any information.
The Limitations:
None of these methods has been scientifically proven to have a 100% success rate and thus remain contentious in the medical field. Also, the repercussions on individuals from weaker sections of society, who may be unaware of their fundamental rights and unable to afford legal advice, can be severe. It may lead to future abuse, harassment, surveillance, and even exposure of the test footage to the Press, leading to media trials.
Legal and Constitutional Aspects:
According to the Supreme Court ruling in the Selvi vs State of Karnataka & Anr case (2010), no lie detector tests should take place without the accused person’s consent. Those volunteering for such tests must have lawyer access and fully understand the physical, emotional, and legal implications of the test.
In D.K. Basu vs. State of West Bengal case, 1997, the Supreme Court ruled that involuntary administration of polygraph and narcoanalysis tests would equate to cruel, inhuman, and degrading treatment under Article 21 or the Right to Life and Liberty. Furthermore, it might infringe upon the Right to Privacy.
The Indian Evidence Act, 1871 does not recognize these tests as evidence. In 1999, the National Human Rights Commission adopted guidelines related to the administration of the Polygraph Test, including aspects like consent and recording of the test.
The Way Forward:
These investigative methodologies cannot serve as incriminating evidence or confessions, given their limited reliability and scientific provenance. Nonetheless, they could be utilized as valuable tools to solve complex cases. It is incumbent upon the government to endorse these scientific examinatory techniques, thereby expediting long-drawn-out investigations and trials. Still, they must introduce stringent rules for their use, ensuring decency and consent.
Last Modified: February 9, 2024