Syllabus
GS Paper II – Government policies and interventions for development in various sectors and issues arising out of their design and implementation.
Context
The Central Bureau of Investigation (CBI) has recently received authorization to conduct a polygraph test on the main suspect in the rape and murder case of a postgraduate doctor at Kolkata Medical College.
Polygraph Test
Introduction
The Central Bureau of Investigation (CBI) has recently received authorization to conduct a polygraph test on the main suspect in the rape and murder case of a postgraduate doctor at Kolkata Medical College. A polygraph test, commonly known as a lie detector test, measures physiological responses such as heart rate, blood pressure, and respiration to determine the truthfulness of a person’s statements. This test aims to uncover critical information that could advance the investigation and bring justice to the victim. The authorization of this test marks a significant step in the ongoing efforts to solve this tragic case.
Polygraph Test
- Definition:
- A Polygraph or Lie Detector Test measures and records several physiological indicators such as blood pressure, pulse, respiration, and skin conductivity.
- These measurements are taken while a person answers a series of questions.
- Assumption:
- The test is based on the assumption that physiological responses triggered when a person is lying differ from those when they are telling the truth.
- Evaluation:
- A numerical value is assigned to each response.
- This helps conclude whether the person is telling the truth, deceiving, or uncertain.
- Historical Context:
- A test similar to the polygraph was first conducted in the 19th century by Italian criminologist Cesare Lombroso.
- Lombroso used a machine to measure changes in the blood pressure of criminal suspects during interrogation.
- Accuracy of Tests:
- Polygraph and narco tests are not scientifically proven to be 100% accurate.
- These tests remain controversial in the medical field.
- Despite this, investigative agencies have recently used these tests as a “softer alternative” to torture to extract the truth from suspects.
Other similar tests
Narco-Analysis Test
- Procedure:
- Involves the injection of sodium pentothal, a drug that induces a hypnotic or sedated state.
- This state is believed to neutralize the subject’s imagination, making them incapable of lying.
- Historical Use:
- The drug, also known as truth serum, was used in larger doses as anesthesia during surgery.
- It was reportedly used during World War II for intelligence operations.
- Modern Application:
- Investigating agencies have recently employed these tests in investigations.
- Seen as a softer alternative to torture or “third degree” methods to extract the truth from suspects.
Brain Mapping Test (P-300 Test)
- Procedure:
- Measures the activity of the brain of a suspect during interrogation.
- Aims to determine if the suspect is concealing any information.
Limitations
- Scientific Validity:
- Neither narco-analysis nor brain mapping has been scientifically proven to have a 100% success rate.
- Both methods remain contentious in the medical field.
- Impact on Vulnerable Populations:
- These tests can have adverse consequences on individuals from weaker sections of society.
- Such individuals may be unaware of their fundamental rights and unable to afford legal advice.
- Potential for Abuse:
- There is a risk of future abuse, harassment, and surveillance.
- Video material from these tests could be leaked to the press, leading to a trial by media.
Legal Admissibility of a Polygraph Test
- Violation of Article 20(3):
- Conducting polygraph, narco-analysis, and brain mapping tests without the accused’s consent violates Article 20(3) of the Indian Constitution.
- This article protects the right against self-incrimination, ensuring that no person accused of an offence is compelled to be a witness against themselves.
- Necessity of Consent:
- These tests involve the accused providing potentially self-incriminating information.
- Obtaining the accused’s consent is mandatory to avoid breaching constitutional rights.
- Judicial and Human Rights Concerns:
- The use of narco-analysis and similar tests raises significant concerns about judicial integrity and human rights.
- These concerns particularly relate to individual rights and freedoms.
- Criticism from Courts:
- Courts have often criticised these tests as they can constitute mental torture.
- Such tests may violate the right to life and privacy guaranteed under Article 21 of the Constitution.
Landmark Judgments Related to Polygraph Tests
- Selvi v. State of Karnataka & Anr Case 2010:
- The Supreme Court ruled on the legality and admissibility of narco tests.
- Established that involuntary administration of narco or lie detector tests constitutes an intrusion into an individual’s “mental privacy”.
- Held that narco tests violate the fundamental right against self-incrimination under Article 20(3) of the Constitution.
- Article 20(3) states that no person accused of any offence shall be compelled to be a witness against themselves.
- Self-incrimination is a legal principle under which a person cannot be compelled to provide information or testify against themselves in a criminal case.
- D.K. Basu v. State of West Bengal Case 1997:
- The Supreme Court ruled that involuntary administration of polygraph and narco tests amounts to cruel, inhuman, and degrading treatment.
- This ruling is in the context of Article 21 or the Right to Life and Liberty.
- State of Bombay v. Kathi Kalu Oghad Case 1961:
- The Supreme Court ruled that the right against self-incrimination under Article 20(3) does not extend to physical evidence.
- Physical evidence includes fingerprints, handwriting, blood, and voice samples, voluntarily given information, and identification procedures like line-ups and photo arrays.
- Other Observations of the Supreme Court:
- Narco tests are not reliable or conclusive as evidence, as they are based on assumptions and probabilities.
- Any information or material discovered with the help of voluntarily administered test results can be admitted under Section 27 of the Evidence Act, 1872 (now Bharatiya Sakshya Adhiniyam).
- Section 27 allows the admissibility of information provided by an accused in police custody if it leads to the discovery of a fact.
- Only the portion of the information that directly relates to the discovered fact can be proved, regardless of whether it amounts to a confession.
- The court emphasized that the ‘Guidelines for the Administration of Polygraph Test on an Accused’, published by the National Human Rights Commission (NHRC) in 2000, must be strictly followed.
NHRC Guidelines for Polygraph Test
- Voluntary Consent:
- The accused must willingly agree to undergo the polygraph test.
- They have the option to refuse the test.
- Informed Consent:
- Before agreeing, the accused should be fully informed by the police and their lawyer.
- Information should cover the test’s purpose, procedure, and legal consequences.
- Recorded Consent:
- The accused’s consent must be formally recorded.
- This recording should take place in the presence of a Judicial Magistrate.
- Documentation:
- During court proceedings, the police must provide evidence that the accused voluntarily agreed to the test.
- This agreement should be documented by the lawyer and presented to the judge.
- Clarification of Statements:
- The accused should be made aware that any statements made during the polygraph test are treated as statements to the police, not as confessions.
- Judicial Consideration:
- Judges consider various factors when evaluating the results of a polygraph test.
- These factors include the length of the accused’s detention and the nature of the interrogation.
International Perspectives on Lie Detector Tests in Legal Proceedings
- United States:
- The use of polygraph tests in legal proceedings is highly debated.
- The Daubert standard requires that scientific evidence must be relevant and reliable to be admissible in court.
- Polygraph results are generally not admissible in federal courts, but some state courts may allow them under specific conditions.
- United Kingdom:
- Polygraph tests are not commonly used in criminal trials.
- They are sometimes used in the management of sex offenders on probation to assess compliance with conditions.
- Canada:
- Polygraph evidence is generally inadmissible in court.
- The Supreme Court of Canada has ruled that polygraph results are not reliable enough to be used as evidence.
- India:
- Polygraph tests, along with narco-analysis and brain mapping, are controversial.
- The Supreme Court of India has ruled that these tests cannot be conducted without the consent of the accused, as they violate the right against self-incrimination under Article 20(3) of the Indian Constitution.
- European Union:
- The use of polygraph tests varies by country.
- Generally, there is skepticism about their reliability and ethical implications.
- Ethical and Human Rights Concerns:
- Across many jurisdictions, there are significant concerns about the ethical implications and human rights issues related to the use of polygraph tests.
- Critics argue that these tests can lead to miscarriages of justice and violate individual rights.
Way Forward
- Limited Reliability:
- These methods cannot be used as incriminating evidence or confessions due to their limited reliability and scientific proof.
- Investigative Tools:
- Despite their limitations, these methods can be useful tools to solve complicated cases as part of investigative procedures.
- Encouraging Scientific Techniques:
- The government should encourage the use of scientific techniques to expedite otherwise lengthy investigative procedures and trials.
- Strict Regulations:
- There should be strict rules for the use of these methods to ensure they are applied in a decent and consensual manner.
- Training and Awareness:
- Law enforcement agencies should receive proper training on the ethical and effective use of these techniques.
- Public awareness campaigns can help inform citizens about their rights and the limitations of these methods.
- Judicial Oversight:
- There should be judicial oversight to monitor the application of these techniques and ensure they are not misused.
- Research and Development:
- Continued research and development should be encouraged to improve the reliability and accuracy of these methods.
- International Best Practices:
- Adopting international best practices can help standardize the use of these techniques and ensure they are used ethically and effectively.
Conclusion
The authorization for the Central Bureau of Investigation (CBI) to conduct a polygraph test on the main suspect in the rape and murder case of a postgraduate doctor at Kolkata Medical College represents a significant step in the investigation. While polygraph tests are not admissible as conclusive evidence due to their limited reliability, they can provide valuable leads and insights. It is crucial that such tests are conducted with the suspect’s consent and in accordance with legal and ethical guidelines to ensure the protection of individual rights and the integrity of the judicial process.
Reference: ET
Related PYQ
In order to enhance the prospects of social development, sound and adequate health care policies are needed in the fields of geriatric and maternal health care. Discuss. [UPSC CSE – 2020 Mains]
Practice Question
What is a Polygraph Test? Examine the significance of polygraph tests in criminal investigations, particularly in the context of rape cases and other serious crimes. [150 words]