Legal provision of Polygraph Test

The results of the Polygraph test can be considered to be “confessions”. True or False?

Answer: False

Solution: Results of the Polygraph test cannot be considered to be “confessions”.

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Polygraph test:

• A polygraph test is based on the assumption that physiological responses (heartbeat, changes in breathing, sweating, etc.) triggered when a person is lying are different from what they would be otherwise.
• Instruments like cardio-cuffs or sensitive electrodes are attached to the person, and variables such as blood pressure, pulse, blood flow, etc., are measured as questions are put to them.
• A numerical value is assigned to each response to conclude whether the person is telling the truth, is deceiving, or is uncertain.

Legal provision:

• The results of the tests cannot be considered to be “confessions”.
• However, any information or material subsequently discovered with the help of such a voluntarily-taken test can be admitted as evidence, the Supreme Court said, in ‘Selvi & Ors vs State of Karnataka & Anr’ (2010).
• In “Selvi & Ors vs State of Karnataka & Anr” (2010), Supreme court held that no lie detector tests should be administered “except on the basis of consent of the accused”.
• Those who volunteer must have access to a lawyer and have the physical, emotional, and legal implications of the test explained to them by the police and the lawyer.

Why in news?

Delhi Police approached a court to conduct a polygraph test on Aaftab Poonawala, suspected of killing his partner Shraddha Walkar.