The investigation into the suspected gangrape and death of a 19-year-old in Hathras last month was recently decided to include polygraph and narcoanalysis tests of the accused and all involved police officials.
Polygraph Test
The polygraph, often known as a lie detector test, is a method that monitors and records many physiological indications as a person is asked and responds to a series of questions, including blood pressure, pulse, breathing, and skin conductivity.
This test is predicated on the idea that a person's physiological reactions are altered when they are lying as opposed to when they are not.
Each response is given a number value to help determine if the giver is being truthful, lying, or uncertain.
Italian criminologist Cesare Lombroso utilized a gadget to track changes in the blood pressure of criminal suspects while they were being questioned, creating the precursor to today's polygraph test.
Test for narcoanalysis:
A substance called sodium pentothal is injected into the patient to create a hypnotic or drowsy state that neutralizes the subject's imagination while expecting them to give information that is factual.
The substance, sometimes known as truth serum, was reportedly employed for intelligence operations during World War II and was used in higher dosages as an anesthetic during surgery.
These tests have recently been sought after by investigating agencies and are occasionally considered as a gentler alternative to torture or the "third degree" to extract the truth from suspects.
The Brain Mapping Test
The Brain Mapping Test, also known as the P-300 test, measures a suspect's brain activity while he is being questioned to determine whether he is withholding any information.
Limitations:
All of these approaches are still debatable in the medical community and none of them has been empirically demonstrated to have a 100% success rate.
Such tests may have unfavorable effects on members of society's weaker classes who are ignorant of their fundamental rights and unable to afford legal representation.
Future abuse, teasing, and monitoring may be involved, as well as releasing the video data to the press for a trial by the media.
Constitutional and legal aspects
The Supreme Court declared in the Selvi v. State of Karnataka & Anr. case (2010) that no lie detector tests should be conducted without the accused's permission.
Additionally, those who volunteer must have access to a lawyer and have the police and the attorney explain the test's medical, psychological, and legal ramifications to them.
Although the test findings cannot be viewed as "confessions," any information or material thereafter found via the aid of such a voluntarily taken test may be accepted into evidence.
The SC cited Article 20 (3), also known as the right against self-incrimination, which prohibits an accused person from being forced to testify against themselves.
In the 1997 case of D.K. Basu v. State of West Bengal, the SC determined that administering the polygraph and narcos test without the subject's consent will constitute cruel, inhuman, and humiliating treatment under Article 21, which protects the right to life and liberty.
The Right to Privacy, which is a component of the Right to Life, may also be violated.
The outcomes of these tests are not accepted as evidence under the Indian Evidence Act of 1871.
In 1999, the National Human Rights Commission adopted a set of regulations governing the administration of the polygraph test, covering permission, recording the test, and other issues.
Way ahead
Due to their low dependability and lack of scientific evidence, these procedures cannot be utilized to get confessions or incriminating evidence. However, as investigative tools, they can be effective in helping to resolve complex situations. The government should promote the use of scientific methods in otherwise drawn-out investigations and trials, but they should also establish stringent guidelines for their proper, acceptable usage.
