Page 42 - Forensic News Journal Jan Feb 2018

Constitutional Validity of the Polygraph Test

talking of his rights. Every our people and sustain as “any harm whatever il-

person must perform their their lives then why not legally caused to any per-
duties. In Nandini Sath- there be any constitutional son in body, mind, reputa-
pathy’s case involved facts validity of lie detector tion or property”(sec44).

very similar to the present test. There must be article Inflicting hurt (sec 323),
case. 20 (3) but there is no loss causing hurt to extort

in using lie detector test incriminating information
The petitioner (a former) depending upon the grav- (sec 330), causing hurt by
Chief minister of Orissa) ity of facts of the cases. If a substance harmful to the

had complained that she the criminals are not do- body (324) or administer-
was being prosecuted ing their duty why should ing any stupefying, intoxi-

for her refusal to answer they get any right? It can cation or unwholesome
police questions about a be difficult but to bring drug (sec 328) are offenc-
corruption case lodged peace, to check security of es punishable by impris-

against her. She claimed a nation there should be onment from between one
that her assertion of si- use of scientific evidence. to ten years.

lence and refusal to an-
swer questions was well There is another aspect Therefore, causing even
within her rights under of the division bench’s “minimal bodily harm”

article 20(3) and section judgement, which is a through the compelled
161(2) CrPC prosecut- matter of concern. It held administration of a nar-

ing her for silence, she that these tests involve cotic is a serious offence
argued amounted to com- “minimal bodily harm. further aggravated when
pelling her to make self- “This statement appears to it is committed by police

incriminating statements. be unfounded and contrary officers to extort incrimi-
Here it depends upon the to medical opinion and nating information. It

nature of corruption. If practice. Subsequent stud- denudes the right to si-
the lady has committed ies have vindicated this lence of all significance
simple mistake or not a view; infliction of bodily and strips the right against

heavy corruption, then its harm is an offence and forced self-incrimination
ok otherwise why there even if minimal, is pun- of all meaning. It also

shouldn’t be any scientific ishable by three months’ empowers the police to
use like lie detector test if imprisonment (section 352 commit illegal acts and
any person is committing IPC). Hurt is defined as exempts them from the

heinous act. We know our any pain, disease or infir- rule of law.
politicians; they can ruin mity. “Injury “is defined in

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