Central Idea

In the ongoing investigation of the Parliament security breach, Delhi Police sought court permission for polygraph tests on six accused to uncover their motives.
A polygraph test, commonly known as a lie detector test, measures physiological responses believed to differ when a person lies.

Mechanics of a Polygraph Test

Physiological Monitoring: The test involves attaching instruments like cardio-cuffs or sensitive electrodes to monitor blood pressure, pulse, and other variables.
Response Analysis: As questions are asked, responses are numerically evaluated to determine truthfulness, deception, or uncertainty.
Historical Origin: First conducted in the 19th century by Cesare Lombroso, an Italian criminologist, to measure blood pressure changes in suspects during interrogation.

Article 20(3) of the Indian Constitution: This article protects against self-incrimination, stating that no accused shall be compelled to be a witness against themselves.
Infringement Concerns: Forcing an accused to undergo polygraph or narcoanalysis tests is seen as a violation of Article 20(3), making consent essential.
Article 21 and Human Rights: Polygraph tests are criticized for mental torture, potentially violating the right to life and privacy under Article 21.

Scientific Reliability: Neither polygraph nor narco tests are scientifically proven to be 100% accurate, raising questions about their reliability.
Impact on Vulnerable Individuals: These tests can adversely affect those unaware of their rights or unable to access legal advice, leading to potential abuse and media exploitation.

Selvi vs State of Karnataka & Anr (2010): The Supreme Court ruled that lie detector tests should be voluntary, with legal implications explained to the accused.
D.K. Basu vs. State of West Bengal (1997): The Court deemed involuntary administration of these tests as potentially violating the Right to Life and Liberty and the Right to Privacy.
Indian Evidence Act, 1871: The results of these tests are not admissible as evidence in court.
National Human Rights Commission Guidelines (1999): Established consent and procedural guidelines for administering polygraph tests.

Role as Investigative Tools: While not reliable for conclusive evidence, polygraph tests can aid in complex investigations.
Balancing Scientific Techniques and Rights: The government should promote scientific methods in investigations while ensuring strict adherence to ethical and legal standards.
Consent and Decency: The administration of these tests must be consensual, respecting the dignity and rights of the individuals involved.