INTRODUCTION
It is quite a disputed fact in India that why the narco-analysis test and polygraph test administer on any accused in India if it is in violation of Right against self-incrimination under Article 20(3) and Right to Privacy under Article 21 of Indian Constitution and even if they administered, are they legally admissible in India by the courts of law? What is the testing procedure of these tests? What is accuracy of these tests? So, this article revolves around these major questions and one will get the answer by the end of it.
POLYGRAPHY TEST
It is a process in which someone is tested based on his/her physiological responses that whether he/she is telling a truth or not.
THERE ARE TWO MAIN WAYS FOR QUESTIONING AN ACCUSED IN POLYGRAPHY TEST-:
- GKT- In this an accused knowledge about the crime is tested by presenting Multiple Choice Questions before him/her related to that crime and it is anticipated that only the accused knows the correct answer and the innocent person will see each option equally however, the guilty party will show physiological responses to any specific option. And in this manner over a series of questions if an accused continuously shows physiological responses to the correct option then the examinee on this basis decides whether the accused is lying or not.
2.CQT- In this general or irrelevant questions (like have you ever cheated someone?) or questions related to past behaviours of accused are asked in addition to questions that are specific to crime and this is done to make baseline pattern of physiological responses of accused.
HISTORY OF POLYGRAPHY TEST
This test was invented by John Augustus Larson in 1921 who was a policeman and a physiologist studied from University of California to measure physiological responses to detect deception.
TESTING PROCEDURE
4 steps involved in this-:
- An examiner guides the accused through pre-assessment.
- Then a series of questions asked from accused 3 times.
- Then physiological responses like pulse rate, breathing rate, blood pressure, sweating, skin conductivity, etc. are recorded.
- And then based on the physiological responses, examiner tries to detect that whether a person is telling a truth or not.
ACCURACY
Research has shown that the accuracy of the latest computerized polygraphy testing is 98%.
DRAWBACK
There is only one drawback observed of this test that is an innocent person might fail this test out of anxiety and nervousness when exposed to such questions then even if the person is telling the truth, it is the possibility that it might be detected as a lie as per his/her physiological responses.
NARCO-ANALYSIS TEST
It is a test in which a drug known as Sodium Pentothal is injected in accused with anticipation that a person speaks truth in sedated state of mind and will not lie. (As this drug stops imagination and let the person in sleepy state of mind).
HISTORY OF NARCO-ANALYSIS TEST
This term was first coined in the year 1922 by Horseley while doing the criminal investigation in US, when Robert House, a Texas obstetrician used the drug Scopolamine also known as Truth Serum on two prisoners. Truth Serum is psychoactive medication which is used to extract information from accused who are unwilling to provide it.
TESTING PROCEDURE
- Checking of Medical condition of accused.
- Then, the individual injected with drug dependent on his/her age or sex.
- Then, the drug let the accused in sedated state of mind.
- And once it is done the accused can answer only specific questions.
ACCURACY
It is found that this test is not 100% accurate as some accused made totally false statements.
DRAWBACKS
There are some drawbacks of this test like it is not 100% guaranteed that every accused will answer truth in sedated state of mind because evidence of false statements also came in front sometimes. Also, one more drawback of this is that if wrong dose given by mistake, it may lead to comma or even death of person.
PERMISSIBILITY FROM ACCUSED AND COURT
It is clearly laid by Supreme Court (SC) guidelines in the SELVI &Ors Vs. STATE OF KARNATAKA 2 that polygraphy test and narco-analysis test will not be administered on any accused without his/her consent. And the permission of the Court does not matter in this regard as the SC clearly laid that a court cannot compel any accused to undergo such tests if the accused does not give consent.
FAMOUS CASE LAWS REGARDING ADMINISTRATION OF POLYGRAPHY AND NARCO-ANALYSIS TEST
SELVI &Ors. Vs. STATE OF KARNATAKA – SC held that use of narco-analysis, brain mapping and polygraphy test on any suspects without their consent as unconstitutional and violation of Right to Privacy.
ROJO GEORGE Vs. DEPUTY SUPERINTENDENT OF POLICE – In this case the Court held that nowadays criminals use very sophisticated and modern techniques for committing the crime. Therefore, conventional method of questioning and investigation should be upgraded with new techniques of questioning such as polygraphy test, narco-analysis test, brain mapping, etc.
Dr.Mrs. NUPUR TALWAR Vs. STATE OF UP &Anr – It was held that no concrete evidence was collected even after conducting the narco-analysis test.
SHRADDHA WALKAR’S MURDER CASE- It was observed that the responses given by accused during police interrogation and polygraphy test and narco-analysis tests were same.
ARE THESE TESTS ARE IN CONFLICT WITH ARTICLE 20(3), ARTICLE 21 AND RIGHT TO PRIVACY OF INDIAN CONSTITUTION?
▪ ARTICLE 20(3) talks about right against self-incrimination.
▪ ARTICLE 21 talks about right to life and personal liberty and Right to Privacy.
Now, these tests are not violative of these articles because these tests are not purely admissible in the court of law and is administered only with the prior consent of the accused not under any force under specialized examiners. So, it does not violate Article 20(3), Article 21 and Right to Privacy.
LEGAL ADMISSIBILITY IN INDIA
SC held in SELVI &Ors. Vs. STATE OF KARNATAKA that such tests are not admissible in the court of law as primary evidence because such evidences are recorded during the semi-conscious state of mind. So, it is just like the confession made in the police station is not admissible 3 in the same way statements made during the polygraphy and narco-analysis test are not admissible in the court of law. hence, the court can take admissibility of such test after considering the circumstances under which these tests are taken and when the court thinks that the facts and essence of the case allows it. But even after this the court take this admissibility as corroborative evidence not as primary evidence.
CONCLUSION
Now, even if these tests are not legally admissible still polygraphy test and narco-analysis test is performed on the accused for the verification of the very fact that what the accused is telling is truth or not and these tests also sometimes performed when the accused is not telling much about what he/she is asked for and unwilling to cooperate. Therefore, even if these tests are not admissible, this the reason why still these tests are performed.
REFERENCES
- https://study.com/learn/lesson/polygraph-test-process-accuracy-cases.html
- https://liedetector.ie/news/qa/how-accurate-is-a-polygraph-test/#:~:text=Accuracy,and%20who%20uses%20validated%20techniques
- https://scholar.google.com/scholar?hl=en&as_sdt=0%2C5&q=narco+analysis+test+sodium+Pentothal+sedated+mind&btnG=#d=gs_qabs&t=1670606706721&u=%23p%3DzVHq-mC4XywJ
- https://www.britannica.com/science/sodium-pentothal
