LIE DETECTOR TESTS

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Context

CBI conducted 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.

Details

Deception Detection Tests (DDTs)

• Polygraph Test: it records physiological changes necessary for detecting whether a person is telling a lie.
• Narco-Analysis: This technique involves the administration of drugs such as sodium pentothal, which sedate the subject and, in effect, make him more candid.
• Brain Mapping: Brain activity is measured when familiar stimuli are introduced, in hopes of detecting deception.

About Lie Detector Tests or Polygraph Tests

• These are physiological measurements that take place on a person's body, such as one's heart rate, blood pressure, and skin conductivity, at the time one is being interrogated.
• They are used in large numbers in the investigation of criminal cases and are embroiled in a lot of controversy relating to their legal and ethical admissibility.

Components of a Lie Detector Test

• The polygraph machine recorded a number of physiological responses.
• The physiological parameters measured include the following:
• Respiratory Rate: This is a measurement of breathing patterns through chest and abdominal sensors.
• Heart Rate: It may be monitored by using either a blood pressure cuff or with the use of sensors attached to the fingers.
• Galvanic Skin Response (GSR): To detect activity of the sweat gland and keep indications regarding skin conductivity changes.
• Blood Pressure: Captured along with heart rate, this will show variation in these parameters when asking a question.

Science Behind Lie Detection

• Principle: The test assumes that there is a physiological change when one is lying because of anxiety, fear, or emotional distress.
• Physiological Changes:
• Autonomic Nervous System: At the point of lying, ANS can send signals to the body as a response through involuntary actions such as an increased heartbeat rate, increased breathing rate, and increased perspiration.
• Flight Response: This is a natural response by the body when under stress. If a person is lying, it will send a signal to the brain, thereby initiating physiological changes that may be detected through appropriate equipment.

Techniques Used as Alternatives

• Stress Voice Analysis: The method deals with checking the voice patterns for signs of stress, believed to be associated with lying
• Brain wave analysis (EEG): It concentrates on brain activity on the aspect of information recognition, that may be associated with lying
• Functional Magnetic Resonance Imaging: scan areas of the brain in attempt to detect blood flow changes linked to lying.
• Eye Tracking: The same tracks the motion of the eyes and dilating pupils, which may be different for a person when one is lying.

Judicial Precedents in India

Before 2010

• Courts Supported DDTs: Mostly, courts were supportive of polygraph tests and other DDTs as well as justified the motive that such devices were a need in modern criminal investigations.
• Rojo George vs. Deputy Superintendent of Police (2006): Kerala High Court sustained the use of DDTs citing the advantages of DDTs in combating crimes that are committed using sophisticated techniques.
• Dinesh Dalmia vs. State (2006): The Madras High Court held that the polygraph tests conducted on the accused did not amount to a violation of his fundamental rights since such tests were scientific modes of investigation.
• Shailender Sharma vs. State & Another (2008): The Delhi High Court balanced the need for DDTs in professional investigations against individual rights.

Post-2010:

• Supreme Court Ruling: In the landmark judgment of Selvi vs. State of Karnataka, 2010, the Supreme Court laid down some critical safeguards and restrictions with respect to the usage of lie detector tests:
• Informed Consent: No person should be compelled to undergo such a test against his/her will. The consent of the accused is essential; compelled lie detector tests violate the fundamental right against self-incrimination under Article 20(3) of the Constitution of India.
• Right to Privacy: Compelling individuals to make statements in polygraph tests is a difficult task to be considered within the privacy of a person.
• Judicial Supervision: Consent has to be recorded before a Judicial Magistrate, and an explanation regarding the physical and legal consequences of the test is to be furnished.
• Admissibility of Results: Results of polygraph tests cannot be treated as evidence or confessions. However, any material recovered as a consequence of the test, like a murder weapon, may be admissible in court.

Continuing Application

Despite the judgment of the Supreme Court, lie detector tests continue to be used in India in major criminal cases, including:

• Hathras Gang Rape Case, 2020
• Sheena Bora Case, 2012
• Shraddha Walker Murder Case, 2022

Concerns

• Informed Consent in Custody: Critics argue that individuals in police custody are not found to give informed and voluntary consent for such tests.
• Coerced Confessions: There have been recorded instances of the use of narco-analysis and polygraph tests under force, coupled with physical abuse, resulting in false confessions.
• Stigma for Refusing the Test: Refusal to take the test can unjustly label a suspect to be guilty.
• Concerns Raised by Experts:
• Lack of Scientific Consensus: Experts are divided on whether physiological responses, related to heart rate or blood pressure, for instance, can actually be used as deception indicators. Such responses may also be caused by stress, fear, or anxiety and could thus provide false positives or negatives.
• Manipulation of Results: Individuals may train themselves to beat polygraph tests by responding normally to physiological stimuli, further compromising its reliability.

Way Forward

• Reduce Dependence: Efforts should be made to reduce dependence on polygraph tests in criminal investigations and before the courts, seeing as such tests have been proven not to be very reliable. Overreliance on such tests could lead to instances of miscarriage of justice because they sometimes form the primary evidence presented in court.
• Explore Alternative Techniques: Investigative bodies should invest in developing and utilizing more reliable and ethical techniques of detecting deceit. This can be done through advanced behavioral analysis, further development of cognitive interviewing techniques, and the use of non-intrusive technologies that respect human rights.
• Strict Adherence to Guidelines: Polygraph tests should be conducted under stern guidelines with the rights of the accused in mind. This will involve informed consent from the individual being tested, the right to have counsel present, and also the assurance of privacy for the person.

Sources:

Hindu

PRACTICE QUESTION Q: Analyze the Supreme Court’s ruling in Selvi vs. State of Karnataka (2010) regarding the administration of lie detector tests. How does this ruling balance the need for effective criminal investigations with the protection of fundamental rights? (250 Words)