The Central Bureau of Investigation (CBI) conducted a second round of polygraph tests on seven people, in connection with the rape and murder of a resident doctor at the R.G. Kar Medical College and Hospital in Kolkata.
What Are Deception Detection Tests?
- Deception detection tests (DDTs) are scientific procedures employed to detect probable deception during interrogation. These tests include
- Polygraph Tests: A polygraph test operates on the presumption that specific physiological responses are triggered when a person is lying.
- Working: Typically, the test is administered by attaching instruments like cardio-cuffs or sensitive electrodes to the suspect to measure variables such as blood pressure, galvanic skin response (a proxy for sweat), breathing and pulse rate.
- As questions are posed, each physiological response is assigned a numerical value to determine whether the individual is telling the truth or being deceptive.
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Sodium thiopental
- It is a barbiturate that depresses the patient’s reticular activating system.
- This agent has a rapid uptake within the brain, producing a rapid onset, usually within 30 seconds.
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- Narco-analysis: In contrast, narco-analysis involves the injection of a drug called sodium pentothal into the accused, inducing a hypnotic or sedated state.
- The assumption is that a subject in such a state is less inhibited and is more likely to divulge information.
- Because the drug is thought to weaken the subject’s resolve to lie, it is often referred to as a “truth serum.”
- Brain Mapping: It measures a subject’s neural activity—specifically brainwaves—using electrodes attached to the face and neck.
- It operates on the principle that the brain generates distinctive brainwaves when exposed to familiar stimuli, such as an image or a sound.
Legal and Ethical Dimensions Of DDTs
- Fundamental Rights & Supreme Court Ruling: In 2010, the Supreme Court of India in the case of Selvi & Ors vs State of Karnataka held that the results of polygraph tests, narco-analysis, and brain-mapping tests cannot be admitted as evidence in court without the consent of the person undergoing the test.
- Article 20(3): The court ruled that these tests violate Article 20(3) of the Indian Constitution, which protects against self-incrimination.
- Article 21: A person’s right to make a statement or remain silent is integral to their right to privacy.
- Thus, they underscored, compelling an individual to make a statement would also constitute a violation of Article 21 of the Constitution.
- Little empirical evidence is present: SC accordingly cautioned that the results of these tests cannot be regarded as “confessions.”
- Evidence can be admitted in court: If any information or material is subsequently discovered “with the help of voluntarily administered test results,” such evidence can be admitted in court.
- For Example: If an accused discloses the location of a murder weapon during the test, and the investigating agency later finds the weapon at that location, the accused’s statement itself will not be admitted as evidence, but the weapon will be.
- Reliability and Scientific Validity: The effectiveness of DDTs in revealing “concealed knowledge in applied real-world settings” remains uncertain.
- The reliability of polygraph tests is questionable as the test’s underlying principle is flawed: Parameters such as heart rate and blood pressure, which indicate a state of hyper-arousal, have not been proven to be uniquely indicative of lying.
- Similarly, a 2019 study conducted in the United States: It flagged high false positive rates and noted that individuals can train themselves to beat a polygraph.
- Impact on Mental Health: The stress and anxiety associated with undergoing a polygraph test can have adverse psychological effects, particularly if the individual feels they are being unfairly
- Informed Consent: Ethically, it is crucial that the individual undergoing a polygraph test provides informed consent, understanding both the procedure and the potential consequences.
- Coercing or pressuring individuals to undergo such tests would be ethically questionable.
- For Example: In the book, The Truth Machines: Policing, Violence, and Scientific Interrogations in India, Jinee Lokaneeta underscores the highly invasive nature of polygraphs and other allied tests.
- She questioned whether informed and free consent can ever be obtained in police custody.
- She also documents instances, such as in the case of the exonerees in the 2007 Mecca Masjid blasts case and the accused in the 2006 Mumbai blasts case, where narco analysis was forcibly administered, often accompanied by physical abuse, to extract false confessions.
- Autonomy: Respecting an individual’s autonomy and their right to refuse such tests is a core ethical principle.
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Pre-2010 Precedents
Prior to 2010, Indian courts were strongly in favor of these tests, even deeming consent from the accused as irrelevant before administering them.
- In Rojo George v. Deputy Superintendent of Police (2006): Kerala High Court noted that the techniques used for the commission of crimes have become “very sophisticated and modern,” making the use of these scientific tests essential for effective investigations.
- SC Ruled: When such tests are conducted under strict supervision of the expert, it cannot be said that there is any violation of the fundamental rights guaranteed to a citizen of India
- In Dinesh Dalmia v. State (2006): Madras High Court observed that reliance on these tests by investigating agencies did not constitute “testimonial compulsion.”
- The Court also pitched these “scientific methods of investigation” as a safer alternative to the custodial violence often used to extract information.
- In 2008, the Delhi High Court in Sh. Shailender Sharma v. State & Another: SC asserted that in light of the rising crimes against society, it is necessary to keep in mind the need of a thorough and proper investigation as against individual rights while ensuring that constitutional rights are not infringed.
- Adding that narco-analysis tests do not suffer from any constitutional infirmity and are a “step in aid of investigation”, the Court allowed the administration of the test.
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Way Forward
- Clear Guidelines and Regulations: The government should establish clear and comprehensive guidelines regarding the circumstances under which polygraph tests can be administered, ensuring compliance with constitutional rights.
- These guidelines should mandate informed consent, voluntary participation, and strict oversight to prevent misuse.
- Enhancing Scientific Research and Validation: Encouraging further scientific research into the accuracy and reliability of polygraph tests can help address the ongoing concerns about their validity.
- Third-Party Oversight: Establishing independent oversight bodies to monitor the use of polygraph tests can help prevent abuse and ensure that ethical standards are upheld.
- Transparency in Use: Law enforcement agencies should maintain transparency in their use of polygraph tests, including reporting on their frequency of use, the outcomes, and the safeguards in place to protect individuals’ rights.
- Balancing Law Enforcement Needs and Individual Rights: The decision to use polygraph tests should be made on a case-by-case basis, weighing the potential benefits against the risks to individual rights.
- In cases where polygraph tests are deemed necessary, stringent safeguards must be in place to ensure that their use does not violate constitutional protections.
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September 2, 2024
