Context: Five of the six people arrested by the Delhi Police in connection with the Parliament security breach on December 13 last year gave their consent before a court here on Friday to undergo a polygraph test.

About:

• A polygraph test is carried out on the assumption that physiological responses triggered when one is lying are different from what they otherwise would be.
• Rather than injecting drugs into the body, polygraph tests attach instruments like cardio-cuffs or sensitive electrodes to the suspect and measure variables such as blood pressure, pulse rate, respiration, change in sweat gland activity, blood flow, etc., while the suspect is being questioned.

Polygraph Test Mechanics:

• Physiological Monitoring: The polygraph test entails the use of instruments such as cardio-cuffs or sensitive electrodes to track physiological variables, including blood pressure and pulse.
• Response Analysis: As questions are posed, responses are analyzed numerically to ascertain whether the individual is being truthful, deceptive, or uncertain.
• Historical Origin: The origins of the polygraph test can be traced back to the 19th century when Cesare Lombroso, an Italian criminologist, conducted the first tests to measure changes in blood pressure in suspects during interrogations.

Constitutional and Legal Framework:

• Article 20(3) of the Indian Constitution: This provision safeguards against self-incrimination, asserting that no accused person can be compelled to act as a witness against themselves.
• Infringement Concerns: Making an accused undergo polygraph or narcoanalysis tests without consent is viewed as a violation of Article 20(3), underscoring the importance of obtaining consent.
• Article 21 and Human Rights: Criticism of polygraph tests includes concerns about mental torture, potentially infringing on the right to life and privacy as outlined in Article 21.

Limitations and Challenges:

• Scientific Reliability: Both polygraph and narco tests lack complete scientific validation, raising doubts about their accuracy and reliability.
• Impact on Vulnerable Individuals: These tests may adversely affect individuals who are unaware of their rights or lack access to legal advice, leading to potential abuse and media exploitation.

Legal and Constitutional Rulings:

• Selvi vs State of Karnataka & Anr (2010): The Supreme Court emphasized that lie detector tests should be voluntary, with the 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: Results from these tests are not admissible as evidence in court.
• National Human Rights Commission Guidelines (1999): Guidelines were established to ensure consent and proper procedures for administering polygraph tests.

Way Forward:

• Role as Investigative Tools: While not infallible for conclusive evidence, polygraph tests can assist in complex investigations.
• Balancing Scientific Techniques and Rights: The government should advocate for scientific methods in investigations while upholding ethical and legal standards.
• Consent and Decency: The administration of these tests must be consensual, respecting the dignity and rights of the individuals involved.