The Adityanath-led UP government has decided to conduct polygraph and narco-analysis tests of accused and police officers as part of its probe into the alleged gang-rape of a 19-year-old Dalit woman who died on September 29, 2020. He is being treated at Safdarjung Hospital in Delhi. Do you know what these tests are and are they legal? Read the article below to find out.
Polygraph or lie detector test
In this process, several physiological indicators such as blood pressure, pulse, respiration, and skin conductivity are measured and recorded. It can be assumed that a person's physiological reactions are different from the recorded reactions when a person lies. Each response is given a numerical value, which concludes whether a person is telling the truth, lying, or in a state of uncertainty. In the nineteenth century, the Italian criminologist Cesar Lombroso conducted a similar experiment. In 1914 and 1921, American psychologist William Marston and California police officer John Larson experimented with similar devices.
Narco Analysis Test
In this test, a person with a hypnotic mood is injected with a sodium pentothal known as 'truth serum', which neutralizes the imagination. It is believed that a person speaks the truth while unconscious. This drug is used in high doses as an anesthetic during surgery. The Narco Analysis Test is said to have been used during World War II to seek information.
Brain mapping test or P-300 test
This test measures the activity of the brain that is suspected in the interrogation and concludes whether the person is hiding any information or not.
Key takeaways
1- There is no scientific evidence that the success of the above tests has not yet been found.
2- These tests are controversial in the medical field.
3- Nowadays, investigative agencies use these tests in investigations as a soft alternative to torture or as a third degree of truth-seeking.
4- These tests may adversely affect individuals who are unaware of fundamental rights and are unable to provide legal advice.
Legal aspects of inspections:
Yes, these tests are legal in India. However, the consent of the accused is mandatory to conduct the examination.
1- In 2010, in the case of Selvi & Orus vs. State of Karnataka, the apex court ruled that lie detection tests should not be conducted "without the consent of the accused". The court also ruled that the person being examined must have access to a lawyer.
2- Not only this, the police and the lawyer should explain in advance the physical, emotional and legal consequences of the tests. The court ruled that "guidelines for the administration of the alleged polygraph test" published by the National Human Rights Commission in 2000 should be strictly considered.
3- Before conducting an examination in this matter, his / her consent should be recorded before a Judicial Magistrate.
4- The results of these tests cannot be labeled as 'Confession'. This is because, in a drug-induced state, a person cannot make a choice to answer the questions asked.
5- If any information is found to be correct or the material is found by examination, it can accept a proof. For example, if during a search the suspect reveals the location of the object and finds it at the location stated by the police, the object found will be considered as evidence, not a statement.
Have these tests been used in India?
Yes, these tests were used to investigate the following cases:
1- Unnao rape case: The CBI has examined the driver and helper of the truck that hit the vehicle carrying the girl who was raped by Unnao in Uttar Pradesh.
2- 2008 Noida double murder case: Dr. Rajesh Talwar and Dr. Nupur Talwar also underwent polygraph examination. The parents were accused of killing daughter Aarushi and helping Hemraj.
So far, no scientific evidence has supported these experiments. However, officials of investigative agencies use them to solve complex cases. We hope that this article will be very useful for students.
