Forensic science

Project Report on

Topic : Polygraph Test

Submitted to : Submitted by :
Ms. Shivani Gupta Name: Tushal Bagri
Roll No. 220/16
B.Com LL.B.(Hons.)
Section – D
Semester – 9th
 ACKNOWLEDGEMENT

Exchange of ideas generates new objects to work in a better way. Whenever a person is
helped and co-operated by others, his heart is bound to pay gratitude and obligation to
them. I would like to thank my Teacher, Ms. Shivani for providing me with invaluable
support and guidance which led to the completion and conception of this project titled
“POLYGRAPH TEST”.
 TABLE OF CONTENTS

S.NO. CONTENT PAGE NO.

1. INTRODUCTION 5
2. PRINCIPLE OF POLYGRAPH 5
3. COMPONENTS OF POLYGRAPH 6
4. TECHNIQUE USED 7
5. LEGAL REQUIREMENT 7
6. LEGAL ASPECTS OF POLUGRAPHY TEST 8
7. CONSTITUTIONAL VALIDITY OF POLYGRAPH TEST 9
8. ADMISSIBILITY OF POLYGRAPH TEST AS EVIDENCE 10
9. ETHICAL ISSUE 12
10. CONCLUSION 12
 Table of Cases

1. Dinesh Dalmia v. State of Tamil Nadu , 2006 Cri. LJ 2401.

2. Shailendra Sharma v. State of New Delhi , Cri. App. 532 of 2008
3. Smt. Selvi v. State of Karnataka , AIR 2010 SC 1974
 INTRODUCTION

Polygraph is a combination of instruments combined such as they measure bodily

activities and record any minor change occurring in those activities and a graph is drawn
for these activities from which it may be concluded if a person is lying or not. The
most common bodily activities recorded are breathing heart beat rate, blood pressure and
palmar sweating. This term “Polygraph” is made from two words “poly” meaning many
and “graph” meaning writing. Thus polygraph as a term signifies recording (writing)
many bodily activities. The efficacy of this equipment lies in the fact that lying is
accompanied by a series of bodily changes because of the prevailing thought in the society
that lying is immoral.

The history of polygraph can be traced back to 1878 when Angelo Mosso developed an
instrument “Plethysmograph”. Lombroso is credited as the first criminologist who used an
instrument called “Hydrosphygmograph” designed to measure physiological responses in
criminal investigation in 1895. B. Sticker developed a method to measure Galvanic Skin
Response in 1897 which later became a component of polygraph. In 1906, Dr. James
MacKenzie developed “ink polygraph” which was for clinical use. Vittorio Benussi
developed breathing based detection system in 1914. This led to development of an early
form of lie detector by Dr. William Morston in 1915. Lindbergh’s kidnapping case is an
important case in which Dr. Marston offered his services to Lindbergh’s family in 1930. The
modern polygraph was developed by John A. Larson in 1921 which was further
modified by Leonarde Keeler. He opened “Keeler Institute” which was the first institute

in the world devoted specifically to polygraphy.

PRINCIPLE OF POLYGRAPH:
The polygraph is based on the principle of psychosomatic interaction of an individual.
This means that psychologically, a change takes place in a person who consciously hold
his feelings, which manifest into physiological changes in his blood pressure, pulse rate,
respiration and electrothermal response.

In other words, a person after telling a lie gets emotionally disturbed due to the fear of
being detected. This disturbed feeling gets reflected in the form of physiological changes.
Hence, it is the fear of detection and not the guilt which produces measurable
physiological responses.

COMPONENTS OF INSTRUMENT :
The polygraph is an instrument, which essentially records changes in respiration, blood
pressure and pulse. Another unit for recording the galvanic skin reflex(GSR) or
electrodermal response is also provided. A unit for recording muscular movements and
pressures exerted by the subject’s body is an additional feature of modern polygraph
instrument.

The polygraph is attached to the subject under three basic components namely:

i) Pneumograph- it records the chest movement while the subject’s breathing. It

has two tubes filled with air, one of which records the thoracic breathing while
the other is placed around the abdomen to record a response caused due to
tension.

ii) Galvangraph- it records variation in sweat patterns while answering the

questions. It consists of electrical sensors attached to the fingertips.
 iii) Sphygmograph- its purpose is to measure blood pressure and record heart
beat pattern and any changes in these during “in test” phase are very
sensitively recorded. It is a very sensitive device consisting of a cuff which is
wrapped around a subject’s arm. This cuff is inflated with air which serves the
purpose of transmitting the sound generated by the movement of blood in
subject’s veins to the bellows which amplify this sound and a graph is developed
according to magnitude and frequency of sound generated during test which
gives information about blood pressure and heart beat respectively.

TECHNIQUE USED :
Polygraph is a comprehensive test in which results are not only based on the
recording of bodily activities but it also depends on the manner and mode in which
this test is conducted. The questioning part takes a few minutes, require
repetition to get consistent results. Not more than ten questions are asked per
chart. The questions are brief to elicit responses in ‘yes’ or ‘no’ form.
Generally, polygraph examiner practices three type of questioning techniques:

1. Relevant/Irrelevant Question Technique (RQT) : In this technique, both

relevant and irrelevant questions, pertaining to the case in hand are asked.
The difference in the physiological response to relevant and irrelevant
questions indicates whether the person is lying or not.
2. Peak of Tension Technique (POT) : In this technique, only one pertinent
but emotionally charged question, after several controlled questions, of
irrelevant nature, is asked. The irrelevant questions build the tension, which
is released after the relevant question has been asked. The technique is
dependent for its usefulness on the fact that a guilty person may possess
knowledge which no innocent person could possess. And question regarding
 this knowledge would produce emotional reactions in a guilty person, while
innocent person would show no reaction to the question.
3. Controlled Question Technique (CQT or RCQT) : In this technique,
controlled questions are asked. These questions relate to the associative
evidence already known to the examiner. Only the culprit can show reaction
to the questions, as he alone knows them. The questions are intermixed with
irrelevant questions. The reaction is recorded in the Polygram like the other
techniques.

LEGAL REQUIREMENT :
The National Human Rights Commission has issued guidelines regarding administration of
Polygraph Test to accused persons. The investigating officers are advised to follow the
guidelines scrupulously.

The Commission, after bestowing it’s careful consideration on this matter of great
importance has laid down the following guidelines relating to the administration of Lie
Detector Tests:

(i) No Lie Detector Test should be administered except on the basis of consent of
accused. An option should be given to the accused whether he wishes to avail such
test.
(ii) If the accused volunteers for a Lie Detector Test, he should be given access to
a lawyer and the physical, emotional and legal implications of such a test should
be explained to him by the police and his lawyer.
(iii) The consent should be recorded before a Judicial Magistrate.
(iv) During the hearing before the Magistrate, the person alleged to have agreed
should be duly represented by a lawyer.
(v) At the hearing, the person in question should also be told in clear terms that the
statement that is made shall not be a ‘confessional’ statement to the Magistrate
but will have the status of a statement made to the police.
(vi) The Magistrate shall consider all factors relating to the detention including the
length of detention and the nature of interrogation.
(vii) The actual recording of a Lie Detector Test shall be done in an independent
agency (such as a hospital) and conducted in the presence of a lawyer.
(viii) A full medical and factual narration of manner of the information received must
be taken on record.

LEGAL ASPECTS OF POLYGRAPHY TEST :

In India, the results of polygraph examination are not accepted as a sole evidence in
court. The main reason is that the scientific community feels that the test is far from
infallibility. Despite this fact, polygraph is extensively used in criminal interrogations in
India. There is no provision in the Criminal Procedure Code, Evidence Act and
Constitution to accept the results of polygraph test. However, police in India have been
using it as an aid to interrogation.

CONSTITUTIONAL VALIDITY OF POLYGRAPH TEST :

The lie Detection division renders valuable Polygraph aids in a number of important
investigations conducted by CBI, Judiciary, Delhi Police and other law enforcement
agencies. The Lie detection division maintain latest version of the computerized Polygraph
equipment. The objectives of Lie detection are:

 To verify the statements of suspects, witnesses and the complaints.

  To economise and accelerate the process of investigation by screening innocent
person where a large number of suspects are involved.
 Scientific interrogation of suspects in white collar crimes.
 To corroborate the findings of investigation by investigating officers. The main legal
provisions which governs the expert evidence (Lie Detector test), are in Indian
Constitution, Code of Criminal Procedure, Indian Evidence Act. In Indian
Constitution there are various provisions which are related with the protection of
the accused person .In the Constitution of India, the provision of life, liberty and
freedom has been given under Article 20 and 21.

Right against self-incrimination: People of India has been provided a right under
Article 20(3) of The Constitution of India which states that no person accused of an
offence shall be compelled to be a witness against himself/herself. Supreme Court of
India gave a landmark judgment in 2010 in Smt. Selvi and others v. State of Karnataka
case that these tests violate Article 20(3) provided by Indian Constitution. This right only
applies to accused person. Criminal Procedure Code, 1973 under section 161(2) provides
immunity to a person from answering such questions that could lead him to prosecution
under criminal charges or forfeiture and also protects him from Section 161(1) which
give authority to police officers to question any person who knows the case facts during
investigation. Section 313(3) and section 315(1) b of Criminal Procedure Code provides
that accused can’t be considered guilty because of silence during trial stage.

Right to life and personal liberty: Article 21 of Constitution of India provides this
right to all Indian citizens. Supreme Court of India ruled in Smt. Selvi v. State of
Karnataka that these psychological deception detection tests violate Article 21 of
Constitution of India so these psychological deception detection tests like polygraph,
Narco tests and brain mapping can only be done voluntarily and with the permission of
Court. This article protects from Section 156(1) of CrPC, 1973 under which police
doesn’t require permission of a jurisdictional magistrate to investigate in a cognizable
offence. These tests are conducted according to guidelines given by NHRC in 2000.
 Recently, courts have shown a positive attitude towards these tests. Recently
Tamil Nadu High Court ruled in favour of polygraph in Dinesh Dalmia v. State
of Tamil Nadu stating that scientific method of investigation may be used to
discover the truth if accused refuses to cooperate (Crl. R.C. No. 259 of 2006).
In a similar decision, High Court of New Delhi said in Shailendra Sharma v.
State of New Delhi that these psychological deception tests like polygraph, narco
tests, brain mapping etc. acts as a necessary aid in investigation (Crl. W.P. No.
532 of 2008). If a test is administered voluntarily and some evidence is found
based on the information gained from that test, then that evidence is admissible in
court of law under Section 27 of Indian Evidence Act, 1872 (2010(7) SCC 263).

ADMISSIBILITY OF POLYGRAPH TEST AS EVIDENCE :

The polygraph lie-detector technique for the detection of deception has been definitely
established as a valuable investigative aid. It assists in the exoneration of the innocent as
well as in the apprehension of the guilty. As with any diagnostic device or technique,
however, the accuracy and validity of polygraph test results depend to a very great
degree upon the competency and integrity of the examiner himself. As the uses of
Polygraph techniques have grown in recent criminal investigations and evidence, there is
increasing concern about the factors that may adversely affect their accuracy and their uses
in administrative and judicial proceeding.

Thus the High Court of Gujarat has held that ―The legality, validity or evidentiary value
of the Lie Detector test is again a question which has to be determined at the trial.

Polygraph test conducted in a rape case.—In Bangalore, Karnataka, one

Pratibha Srikanth, a woman employee of BPO was raped and murdered. The charge was
framed on a driver hired by the company. The driver was subjected to polygraph test,
brain mapping test, and Narco analysis test.

Polygraph test conducted in Shivani Bhatnagar murder case. —The Indian

Express Journalist Shivani Bhatnagar was murdered at her East Delhi apartment on 23 rd
January, 1999. In this case murder charge was framed on a Haryana Cadre I.G. Police
Mr. R.K. Sharma and. Five other accused persons. The polygraph tests were conducted
on Shivani‘s husband, her sister, brothers and brother-in-law.

Polygraph test conducted on Nithari’s serial killing accused. — In Nithari,

Noida (U.P.), a businessman Mohinder Singh Pandher and his domestic help Surinder
Koli were accused of murdering 30 missing children. The CBI is investigating into the
case. In scientific tests suspected killer admitted serial killing of missing children. In this
case the investigating agencies used polygraph, brain mapping and narco analysis tests on
both of them and also on a female servant who allegedly lured children who were killed
by both duo.

Polygraph test conducted on Mumbai serial killer. —One Ravindra Kantrole, a

suspect of serial killing of seven people in South Mumbai in Marine Drive and Azad
Maidan Police Station, was subjected to scientific tests like polygraph, narco analysis and
higher version of brain mapping tests. During these tests he confessed his involvement in
the crimes. Brain mapping and polygraph tests were conducted at Maharashtra Forensic
Science Laboratory, and narco analysis tests were conducted at Bangalore Forensic
Science Laboratory on 14th February, 2007. Section 293 of CrPC any document
purporting to be reported under the hand of government scientific expert, upon any
matter, duly submitted to him for examination or analysis and report in the course of any
proceedings under the code.

ETHICAL ISSUES :

This test has been called unethical due to following reasons:

  Polygraph is seen as a psychological third degree torture used by investigators
to extract confession.
 During the pre-test and stim-test; subject is told that this test is capable of
detecting lies which is not true as it can only detect emotional responses which can
be controlled.
 Some people have reported that personal questions not related to case
whatsoever was asked to them during polygraph.

CONCLUSION

The manner in which modern-day criminals make use of science and technology in
perpetrating their criminal activities with relative impunity has compelled rethinking on
the part of the criminal justice establishment to seek the help of the scientific community
to come to the help of the police, prosecutors and the courts. The criminal procedure,
rules of evidence, and the institutional infrastructure designed more than a century ago,
are now found inadequate to meet the demands of the scientific age. The absence of a
national policy in criminal justice administration in this regard, is felt to be a serious
drawback. If it is the duty of the judge to see no innocent is punished then he must
also ensure that no guilty man escapes. Both are public duties, so there is a no violation
of individuals rights . It helps many critical cases to find out the victims. This polygraph
and narco analysis test plays a vital role in Indian Evidence Act.
 Bibliography

1. https://www.nicfs.gov.in/wpcontent/uploads/2017/01/Polygraph-Test.pdf
2. www.lawbulls.in
3. Modi's Medical Jurisprudence and Toxicology