Is the Administration of Lie-Detector Tests Legally Valid?

What’s in today’s article?

• Background
• What are Deception Detection Tests (DDTs)?
• Effectiveness of DDTs
• Judicial Precedents on Lie-Detector Tests
• Existing Concerns
• Conclusion

Background

• The Central Bureau of Investigation (CBI) recently conducted a second round of polygraph tests on several individuals linked to the rape and murder of a doctor at R.G. Kar Medical College and Hospital in Kolkata.
• These tests were administered after one of the suspects provided inconsistent answers during questioning.

What are Deception Detection Tests (DDTs)?

• Deception Detection Tests are scientific methods used during interrogations to detect lies. These include:
  • Polygraph Tests: These measure physiological responses like blood pressure, pulse rate, and skin conductivity to determine if a person is lying.
  • Narco-Analysis: A drug-induced state where the subject is believed to be less capable of lying.
  • Brain Mapping: This method measures brain activity to detect recognition of familiar stimuli, which can indicate deception.

Effectiveness of DDTs

• The effectiveness of these tests is widely debated in the medical community.
• In a 2010 paper published in the Indian Journal of Medical Research, it was highlighted that lie-detection techniques have been heavily criticized and their ability to uncover "concealed knowledge in real-world settings" remains uncertain.
• Similarly, a 2019 study in the United States pointed out high false positive rates and noted that people can be trained to manipulate the results of a polygraph.

Judicial Precedents on Lie-Detector Tests

• Before 2010, Indian courts were supportive of using DDTs in investigations, often not requiring the consent of the accused.
• However, in a landmark ruling in Selvi v. State of Karnataka (2010), the Supreme Court held that these tests could only be conducted with the consent of the accused, citing the right against self-incrimination under Article 20(3) of the Constitution.
  • Article 20(3) of the Constitution of India states that no person accused of an offense can be forced to give evidence or testimony that could incriminate themselves.
  • This is a fundamental right that protects people from being compelled to testify against themselves.
• The Court further mandated that individuals volunteering for such tests must have access to a lawyer and be apprised of the physical, emotional, and legal implications of undergoing the test.
• Additionally, it required that the subject’s consent be formally recorded before a judicial magistrate and that the guidelines set out by the National Human Rights Commission in 2000 for administering these tests be strictly adhered to.

Existing Concerns

• Despite the Supreme Court's guidelines, the use of DDTs continues in India, especially in high-profile cases.
• There are significant concerns about the coercive nature of these tests and the potential for their misuse, such as extracting false confessions under duress.
• Additionally, there is criticism that these tests are not scientifically reliable and that the refusal to undergo such tests is often used unfairly to imply guilt.

Conclusion

• The administration of lie-detector tests in India remains a contentious issue, balancing between the need for effective investigations and the protection of individual rights.
• While the Supreme Court has set strict guidelines for their use, the ethical and scientific validity of these tests continues to be debated.

Q1. What is the basic difference between Narco Test and Polygraphic Test?

While the narco test uses the method of narcotics to alter the consciousness of the person being questioned, the polygraph test relies on the person's physiological marks to determine the 'truth'.

Q2. What do you mean by Truth Syrum?

"Truth serum" is a colloquial name for any of a range of psychoactive drugs used in an effort to obtain information from subjects who are unable or unwilling to provide it otherwise. 

Source: Is the administration of lie-detector tests legally valid? | Explained