Page 44 - Forensic News Journal Jan Feb 2018
P. 44

Constitutional Validity of the Polygraph Test

                                                                                  no limitation on the na-

                                                                                  ture/extent of the contents
                                                                                  of the reports. One impor-
                                                                                  tant Act is The Identifica-

                                                                                  tion of Prisoners Act.



                                                                                  The sections 2,3,4,5 & 6
                                                                                  of the Act are relevant to
                                                                                  the expert evidence. They

                                                                                  provide legal sanctions
                                                                                  for obtaining evidence

                                                                                  by using lie detector test
                                                            Photo Courtesy of google.com  or by using any scientific
        few cases are enshrined in  ment purporting to be a                       method from the suspects/

        our constitution in which            report under the hand of a  accused/convicts. Lie
        judges have taken use of             government scientific ex-            detector test is becoming

        experts.                             pert to whom this section            indispensable in the dis-
                                             applies, upon any mater              semination of justice be-
        As every coin has two                or thing duly submitted              cause of the failure of the

        sides it had demerits too,           to him for examination or  old order, excellence and
        but experts can be given             analysis and report dur-             reliability of its tools and

        some power so that they              ing any proceedings under  techniques and the ever
        can reveal justice and truth  this code, may be used as                   availability of the where-
        from the criminals. Anoth- evidence in any inquiry,                       withal of its assistance.

        er law is Code of Criminal  trial or other proceedings                    It should be adopted on a
        Code, 1973 in which the              of the code.  The section            much larger scale that it is

        main sections are related            has some features like it            being adopted, if our crim-
        to expert evidence are sec- specifies the government                      inal justice system has to
        tion 292 and section 293.            experts, who are exempted  serve the society effective-

        Section 292 is applicable            from personal appear-                ly. We saw four legal bags
        to only mint master and              ance. Describes modes                through which we can see

        other currency officers.             for personal attendance of  the constitutional validity
        Its contents are like those          the experts for additional           of polygraphs/lie detector
        of section 293, which has            evidence, etc.; for cross-           test/scientific methods or

        wider applications. Sec              examination or additional  we can say as for Forensic
        293 states that any docu-            related evidence. It fixes           science. All this play an


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