Polygraph test?

The deception detection test such as polygraph test and narco analysis test and brain mapping have
important clinical ethical and legal implications.

These are useful to know the concealed information related to crime. This information which is known
only to self is sometimes crucial for criminal investigation. These tests are used widely by the
investigating agencies.

Many scientist have contested that it is safer than third degree methods used by some investigators.

Hence the claim is that by using these so-called scientific methods or procedures in fact finding it will
directly help the investigating Agencies together evidences and thereby increase the rate of prosecution
of guilty and the rate of acquittal of the innocent.

Polygraph test

The ancient Chinese people believe that fear or anxiety in man stop release of saliva in the mouth.
Consequently the suspects were made to chew dry rice powder. If the Powder remains dry then the
individual was considered guilty so this beliefs have doubtful reliability.

In the Modern Times scientists have designed instruments that are capable of recording various
physiological changes which may serve as the basis for detecting truth or deception. The instrument
designed for this purpose is known as polygraph or lie detector.

The principle: according to the polygraph test psychologically change take place in a person who
consciously hold his feelings which manifest into physiological changes in his blood pressure pulse rate
and respiration.

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. Hans it is a fear of detect and
not the guilt which produces physiological responses.

The polygraph instrument

The polygraph is an instrument which essentially records changes in respiration, blood pressure and
pulse. Unit for recording muscular movements and pressure exerted by the subjects body is an
additional feature of modern polygraph instrument.

The polygraph is attached to the subject Under test in the following manner.

1. One pneumograph tube provided with padded chain is fastened around the chest and another
around the abdomen of the subject to measure variation in the respiratory pattern.
2. A blood pressure cuff similar to the one used by physician is attached to the subjects upper arm.
3. Electrodes are attached to the hand and ring fingers through which weak electric current is
passed to measure the Galvanic skin reflex.

Environmental conditions for polygraph test

In India polygraph is used to aid the police in scientific interrogation. The CBI has been the first to
successfully utilised polygraph in interrogation of suspects.
For the success of polygraph Test two important consideration are.

a. Room
b. Examiner himself

1. The examination room must be a quiet place free from any distractions. Except the
examiner and the subject Under test no other person should be present in the room.
2. The examiner must be qualified and well trained in handling the instrument and
administering the polygraph test. A qualified psychologist is best suited to the polygraph
test.

Before conducting the polygraph test the examiner has to prepare the subject and himself
for the test the following few steps need to be noted.

 Go through the background of the case.

 Formulate questionnaire based on the background of the case.
 Apprise the subject on the objective of the test and the nature of the instrument
and its various attachments and recordings.

The questioning techniques: not more than 10 questions are generally asked per chart.
The questions asked our brief to responses in yes or no form.The time interval between
each question is about 15 to 20 seconds.

Generally polygraph examiner practices Three Types of questioning techniques

A. Irrelevant questions
B. Control questions
C. Peak of tension questions
1. Irrelevant questions : In irrelevant questioning techniques several irrelevant questions are
framed which have no bearing on the case the relevant questions are inter post in between the
irrelevant questions which have direct bearing on the case and are likely to draw stressed
response from a guilty subject.
2. Control questions: this do not directly related to the crime under investigation but to a similar
situation in which is answer may have feeling of concerned with respect to either its
truthfulness or its accuracy. 1 to 10 control questions are generally asked. This technique has
proved to be far more reliable.
3. Peak of tension question : the series of questions framed are first read to the subject and later
they are administered with the instrument attached. During the first reading if the subject has
no knowledge or information on the pertinent question put to him then no tension is built up
but if he has the knowledge then as the question approaches he is likely to experience the
tension and hence the term peak of tension.

Legal status of polygraph test

The results of polygraph examination are not accepted as evidence in both criminal and civil court in
most of the countries including India. The main reason being that the scientific community feels that
the test is far from infallibility.
 There is no provision under CrPC for evidence act and in the constitution to accept the results of
polygraph test. However police in India have been using it as an aid to integration.

The following persons should not take a polygraph test .

1. Anyone who is being forced to take it.

2. Any person with a serious heart condition unless his doctor has given written approval.
3. A pregnant woman unless her doctor has given approval.

NHRC guidelines on polygraph test

The National Human Rights Commission had published guidelines for the administration of the
polygraph test on and accused in 2000. The test of these guidelines has been reproduced below..

1. No Lie Detector testing should be administered except on the basis of consent of the accused.
An option should be given to the accused weather he wishes to avail such test.
2. If the accused volunteers for a lie detector test he should be given access to a lawyer and the
physical emotional and legal implication of a test should be explained to him by the police and
the lawyer.
3. The consent should be recorded before a judicial magistrate
4. During the hearing before the magistrate the person related to have agreed should be duly
represented by a lawyer.
5. 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 status of a
statement made to the police.
6. The magistrate shall consider all the factors relating to the detention and the nature of the
interrogation.
7. The actual recording of Lie Detector test shall be done by an independent agency and conducted
in the presence of a lawyer.