Page 41 - Forensic News Journal Jan Feb 2018

Constitutional Validity of the Polygraph Test

incriminate himself. In the considered this provision.

CrPC, the legislature has Moreover, by then the in-
guarded a citizen’s right This notwithstanding, it formation, even if untrue,
against self-incrimination. is respectfully submitted is in the public domain,

Section 161(2) states that that a judicial order can- your personal liberty and
every person is bound to not take away what has privacy have been vio-

answer truthfully all ques- so unequivocally been lated, your body has been
tions...put to him by (a given by parliament and injected with narcotics
police) officer, other than the constitution. But the and information has been

questions the answers to question arises here that forcibly extracted from

Photo Courtesy of google.com
which would have a ten- why should our parliament you. This is true but it

dency to expose that per- and constitution give right should be in law but is
son to a criminal charge, to those persons who are should be used depends

penalty or forfeiture. violating peace and order. upon the gravity of crime.
Evidently, it has been left Those persons who are If a person is lying and
to the person being inter- rapists, murder, barbaric he has committed mur-

rogated to decide whether act in criminal nature... der or any heinous act or
the answer to a question why should they get any against the security of a

would be self-incriminat- right and why there should country why there should
ing and, if so, to withhold not be lie detector test on not be these tests? If any
that answer and keep si- them and why polygraphs person is committing any-

lent. It would appear that should not be valid in IN- thing against the peace of
the learned judge has not DIAN scenario. country there is no gain of

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