Aftab Poonawalla, accused of murdering Shradha Walker, will have to undergo Narco Analysis test to find out the real motive behind the murder and the timeline.
Drug analysis and polygraph (or lie detector) testing are often considered inhumane and degrading investigative practices and are only used in extreme investigative cases, where criminals very dangerous and terrible, and the defendant refused to cooperate with the investigation. These Deception Detection Tests (DDTs) are performed to reveal hidden information.
IN 2022, Adityanath led UP Government decided to conduct polygraph and narco-analysis tests on the accused and police officers involved in the investigation into the rape of a woman 19-year-old Dalit, who died while undergoing treatment at Delhi’s Safdarjung Hospital.
Do you know what these tests are and are they legal? Read the article below to find out.
Polygraph or lie detector test
In this procedure, several physiological indicators such as blood pressure, pulse, respiration and skin conductance are measured and recorded while examining a person.
It is thought that a person’s physiological response is different from the response recorded when a person lies. Each answer is assigned a numerical value to conclude whether a person is telling the truth, lying, or is uncertain.
In the 19th century, Italian criminologist Cesare Lombroso performed a similar test to measure changes in blood pressure of criminal suspects during interrogation. In 1914 and 1921, American psychologist William Marston and California police officer John Larson created similar devices to conduct tests.
Drug analysis test
In this test, Sodium Pentothal, also known as ‘truth serum’ is injected into the person, inducing a state of hypnosis and neutralizing the imagination.
It is believed that in a sedated state of mind, a person will tell the truth. This medication is used in higher doses for anesthesia during surgery.
The Narco Analysis Test is said to have been used during World War 2 to search for information.
Brain map test or P-300 test
This test measures a suspect’s brain activity during interrogation to conclude whether he or she is hiding any information.
Main lesson
1- Up to now, no scientific evidence has been found to confirm the success of the above tests.
2- These tests are controversial in the medical field.
3- Nowadays, investigative agencies are using these tests during investigations as a gentler alternative to torture or the third degree to find out the truth.
4- These checks can have a negative impact on individuals who are not aware of their basic rights and cannot afford legal advice.
Legal aspects of inspection:
Yes, these tests are legal in India. However, the suspect’s consent is required to perform the test.
1- In 2010, in the case of Selvi & Ors vs. State of Karnataka & Anr, the Apex Court ruled that lie detector tests cannot be administered “except on the basis of the consent of the accused fox”. The court further stated that the individual undergoing the test must have access to an attorney.
2- Not only that, the police and lawyers must also explain to the suspect in advance the physical, mental and legal meaning of the tests. The court also stated that the ‘Guidelines for the Administration of Polygraph Examination of the Accused’ published by the National Human Rights Commission in 2000, must be strictly considered.
3- Before performing an examination, the person’s consent must be obtained before a judicial judge.
4- The results of these tests cannot be considered ‘confessions’. This is because, in a drug-induced state, a person cannot make choices in answering the questions asked.
5- If any information is determined to be true or the document is discovered through inspection, it may be admitted as evidence. For example, if a suspect reveals the location of a document during an examination and if the police find the same document at the said location, the discovered document will be considered an evidence and not a An announcement.
6- According to Article 20 (3) of the Indian Constitution, an accused cannot be compelled to be a witness against himself.
7- In the case of DK Basu v. State of West Bengal in 1997, the Supreme Court of India ruled that involuntary conduct of these tests would amount to cruel, inhuman and degrading treatment in context Article 21 or Right to Life and Liberty.
8- The Indian Evidence Act, 1871 does not accept the results of these tests as evidence.
Have these tests been used in India before?
Yes, these tests have been used to investigate the following cases:
1- Unnao Rape Case: The CBI has sought to conduct these checks on the driver and support person of the truck that hit the vehicle carrying the Unnao rape victim in Uttar Pradesh.
February 2008 Noida Double Murder Case: Dr. Rajesh Talwar and Dr. Nupur Talwar undergo polygraph test. The parents were accused of killing their daughter Aarushi and helping Hemraj.
To date, there is no scientific evidence to support these tests.
However, they are used by investigation agency officials to solve complex and painful cases.
What is TRP and how is it calculated?
Categories: Optical Illusion
Source: pagasa.edu.vn