Page 46 - Forensic News Journal Jan Feb 2018

Constitutional Validity of the Polygraph Test

Kakkar said that before stitution but we should is necessary. First the evi-

we put a person to the lie understand the value of it dence can turn the tables.
detector test, we almost al- and grant this method to A suspected criminal may
ways know where he is ly- speed up the criminal jus- prove to be an innocent

ing. The lie detector test is tice system of our society. person or vice versa. Sec-
meant to be a confirmation Now we will evaluate our ond, most of the lawyers

of these doubts. When we Court and its systems. The on both sides feel shy
frame the questions, with attitudes of the courts vary of evidence. They may
the help of psychologists, tremendously. fail to properly present

we keep this in mind. or critically appraise the
* Some courts under rate evidence, which may lead

In another case “A sub- expert evidence. They feel to the miscarriage of jus-
inspector accused of kill- that it is weak evidence. tice. Third, a clever lawyer
ing constable to take lie *Some courts are hostile may exploit the general

detector test”. Accused of towards the evidence. lack of knowledge to twist
killing a woman constable They feel that the expert the evidence to his advan-

and booked under the Pro- assumes the functions of tage and misuse it.
hibition Act, PSI Rakesh the court. *Some courts
Pathak of Kadi Town po- fear the expert evidence. Fourth, the prosecu-

lice station took lie detec- They feel they cannot tion counsel is interested
tor test. Director General understand the evidence. in the prosecution case

of Police A K Bhargav They either ignore the evi- only. He will expose only
said we are conducting the dence. They either ignore those aspects of evidence,
lie detector test, as we do the evidence or accept the which are useful to the

not want such instances to ipse dixit of the expert. prosecution case and goes
be repeated. All these cas- *Some courts believe no farther. Fifth, the de-

es can teach us that how that the evidence is not fense counsel, on the other
much this test is important their worry. The counsels hand, limits his probes to
and can play an important should understand the only those aspects, which

role in the development of argue about it. The court are beneficial to the de-
the society and in control- should decide the case on fense case. In other words

ling of peace and orders. their arguments alone. it means his efforts would
One aspect can come that be to demolish the prose-
certain people will say Such attitudes are undesir- cution evidence. Thus it is

that it is Violative of Ar- able. The scrutiny of lie the judge only who is in-
ticle 21 of the Indian Con- detector test by the court terested in real justice. He

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