Page 39 - Forensic News Journal Jan Feb 2018
P. 39
Constitutional Validity of the Polygraph Test
expert evidence (LIE DE- forced to give fingerprints, 1961(2) cri LJ 856 (sc).
TECTOR TEST), are in footprints, photographs, Threatened with being
Indian constitution, Indian measurements, handwrit- forcibly subjected to the
evidence Act; 1872, Code ing, etc. The constitutional lie detector tests by the
of Criminal Procedure; bench of the Supreme police, certain persons pe-
1973 and Identification of Court has solved the prob- titioned the Bombay High
prisoners Act. lems since through a land- Court to declare such
Photo Courtesy of google.com
The main provision in mark decision. It held that methods illegal and viola-
the Indian Constitution the above type of clue ma- tion of their fundamental
is the Article 20 (3). It terials become evidence rights. The right against
states, “No person ac- only after their evaluation. forced self-incrimination,
cused of an offence can And the evaluation instead widely known as right
be compelled to be a wit- of helping the prosecu- to silence is enshrined in
ness against himself”. tion may help the accused. article 20(3) of the Indian
The problem, which arose It can be seen by reading constitution as well as in
from the enactment, was the facts of the case state the Criminal Procedure
legion. Could a person be of Bombay v Kathi Kalu, Code. It has its equiva-
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