Polygraph Test: Ethical & Legal Issues, Challenges & More | UPSC Notes

Recently, the Central Bureau of Investigation (CBI) has been authorized to conduct a polygraph test on the main suspect in the infamous Kolkata rape case of a postgraduate doctor at Kolkata Medical College. This polygraph test is expected to assist CBI investigation in verifying the consistency of the suspect’s statements and detecting any potential deception. However, this has opened the debates on ethical and other issues related to polygraph tests in the political discourse.

What is a Polygraph Test? 

Polygraph Test is basically a procedure that measures and records various physiological indicators of a person such as blood pressure (BP), pulse, Oxygen level and even skin conductivity while a person answers a series of questions asked by an expert.

The test is based on the premise that physiological responses triggered during deception differ from normal responses.

The Procedure for Polygraph test includes assigning numerical values to each physiological response of the person to determine whether the person is saying the truth or not, whether he or she is deceptive, or uncertain. 

It is said that a test similar to the present day polygraph test was first conducted in the 19th century by an Italian criminologist Cesare Lombroso, who used a machine to measure fluctuations in blood pressure in criminal suspects during their interrogation. 

Difference Between Polygraph Test and Narco Analysis Test

Narco Test or Narco Analysis is a test or procedure that involves administering sodium pentothal (C11H17NaO2S) to the accused which ultimately induces a hypnotic or sedated state which is believed to neutralize imagination, rendering the individual incapable of telling lie and more likely to reveal the truth. In terms of accuracy, there is a difference of opinion among the scientists and medical community about the reliability and efficacy of both polygraph test and narco analysis test.Polygraph and narco tests are not scientifically validated as 100% accurate and remain contentious within the medical community. 

Despite being controversial, investigative agencies all around the world like FBI in USA, CBI in India have increasingly relied and used these tests as a better alternative to torture for extracting truth from criminals or suspects. 

Legal Issues Related to Use of Polygraph Test in India

Investigation agencies all around the world including in India have been criticized by the human rights organizations, civil society organizations (CSOs) for using polygraph tests on suspects. There are various legal issues involved in using polygraph test such as:

• Violation of Article 20(3) of Indian Constitution: Polygraph test, narco-analysis test, and brain mapping tests conducted without the consent of accused violates Article 20(3) of the Indian Constitution, which protects the individual against self-incrimination. 
• Requirement of Consent: As Polygraph test and Narco test requires the accused to provide potentially self-incriminating information, obtaining their consent is essential to avoid any breaching of their constitutional rights. 
• Criticism from Judiciary and Human Rights Concerns: The use of Polygraph test narco-analysis and other tests raises significant concerns about human rights violation. Various courts in India have criticized these tests as they have the potential to torture a person mentally and violate their right to life under Article 21 of Indian Constitution.

Landmark Judgments Related to Polygraph Tests

As the cases related to performing polygraph test, Narco test, Brain Mapping test are scrutinized by various courts including hon’ble Supreme Court of India, there have been some landmark judgements given by the top court of the land. These are some of the landmark judgements given by courts:

• Selvi & Ors Vs. State Of Karnataka & Anr, 2010: The Supreme Court held that involuntary administration of narco test or polygraph test or any other lie detector tests constitutes an intrusion into an individual’s "mental privacy." The court held that narco test and polygraph tests violate the fundamental right against self-incrimination under Article 20(3) of Indian Constitution, which ensures that no person accused of an offense shall be compelled to be a witness against themselves. 
• D.K. Basu Vs. State of West Bengal, 1997:  The Supreme Court in this very case held that the involuntary administration of polygraph test and narco tests amounts to extreme cruelty, inhuman practices and a very degrading treatment .
• State of Bombay v. Kathi Kalu Oghad, 1961:  The Supreme Court of India in this case determined that the right against self-incrimination under Article 20(3) of Indian Constitution does not extend to physical evidence or voluntarily given information, and identification procedures.
• Guidelines by National Human Rights Commission (NHRC): The courts in various cases have emphasized that the NHRC Guidelines must be strictly followed. 

 NHRC Guidelines on Polygraph Tests

NHRC has set a series of guidelines for Police, Investigation agencies, security forces and intelligence agencies on the manner of procedures to be undertaken on suspects. These are the following guidelines on polygraph test by NHRC:

• Consent Must be Voluntary: The accused must agree voluntarily to undergo a polygraph test. The accused will have the option to refuse. 
• Informed Consent: Before agreeing to undergo a polygraph test the accused should be fully informed by the agency involved. Also, the lawyer of the accused should also be informed about the purpose, procedure, and legal consequences of the test. 
• Consent Must be Recorded: The consent of the accused must be formally recorded in the presence of a Judicial Magistrate formally. 
• Documentation of the Procedure:  During the trial or court proceedings, the police or the concerned agency must provide the evidence that the accused agreed to the terms voluntarily.
• Statement Clarification: Any statement given during the polygraph test is just a statement and not confession. This must be informed to the accused.
• Factors of Judicial Evaluation: Judges usually consider various factors like the length of the accused’s detention, nature of polygraph test before arriving at a particular conclusion.

Conclusion

Though the Polygraph test, Narco Analysis test, Brain mapping test have been controversial since its inception, they have proved their worth in many criminal investigations, counter terror investigations etc, thus their efficacy in solving complex cases cannot be denied. The onus lies on the careful and judicious use of these tests to investigate any case in an efficient and effective manner.

We hope your doubts regarding the topic have been addressed after going through the above article. Testbook offers good quality preparation material for different competitive examinations. Succeed in your UPSC IAS exam preparations by downloading the Testbook App here!