University Institute of Legal Studies

Panjab University, Chandigarh

Forensic project
Polygraph test and NHRC guidelines

Submitted to: Dr Anju Chaudhary

Submitted by: Riya Soni
99/20
Sec-B
B.A.L.L.B. (hons.)
9th Sem
 Abstract
Progress in forensic technology are rapidly transforming criminal investigation,
making crime- solving faster and more accurate than ever. Today, forensic scientists
and technology companies are increasingly proactive when it comes to incorporating
the latest forensic technology solutions for collection, analysis, and application of
evidence. Today, forensic scientists rely on next generation techniques and
technologies to solve cases and fight crime. One of it is polygraph test. Polygraph
tests are widely employed as forensic tests in investigations and in legal proceedings.
The aim of this study is to demonstrate how physiology and psychological
techniques operate in lie detection or Polygraph provides a contribution to scientific
methods of criminal investigation. Lie detector tests use a polygraph machine that
consists of different parts to measure the changes in the physiological aspects
(usually respiration, electro dermal activity, relative blood pressure, and often
peripheral vasomotor activity) of a person while answering questions or reacting to
statements. Polygraph testing is still used in certain contexts, its validity and
reliability are matters of ongoing debate within the scientific community. Many
experts argue that it should not be the sole basis for making high-stakes decisions.
Polygraph tests are used frequently in many fields, such as law enforcement, national
security, and private investigations etc. However, a key issue which can be
encountered by a judge whenever scientific evidence is put before him is whether
scientific evidence is worth believing or not.
 Introduction

The finding of truth in the criminal investigation is the crux of the matter and the
methodology adopted for fact finding must be full proof. The task is not an easy one.
The modern ways and techniques applied in committing crimes are to be met with
equally effective tools. The application of scientific techniques has become a boon
for investigators. Some techniques and tests such as lie detector or polygraph test,
hypnosis, brain mapping, narcoanalysis, etc. have been developed for effective
investigation of crime. In Som Prakash v. State of Delhi, Supreme Court
recognized the requirement, the necessity of scientific investigation. Law
Commission also emphasized on the need of training of Police officers in using
scientific methods of investigation. Narco-Analysis, Polygraph and Brain Mapping
are revolutionary tools of forensic science that can prove to be very fruitful in crime
investigation.

Polygraph test is one of the investigating an interrogating tool to solve the crime in
scientific way. The literal meaning of the term “polygraph” is multiple pens writing
on moving paper (i.e., many writings) that characterized the original instruments,
but data are now digitized and presented on a computer screen. The polygraph is an
instrument which is commonly called lie detector, but it does not recognize lies. The
term ‘polygraph’ refers only to the recording device that is used for registering
different physiological parameters. The primary purpose of a polygraph test is to
detect deception or confirm honesty. The test works on a psychological principle
known as the “Psychosomatic interaction”. The principle deals with the minor
changes occur in a human body.
 Historical development

Earlier societies utilized elaborate methods of lie detection which mainly involved
torture. for instance, the Middle Ages used boiling water to detect liars as it was
believed honest men would withstand it better than liars.

Early devices for lie detection include:

(i) 1895 invention of Cesare Lombroso used to measure changes in blood pressure
for police cases,

(ii) a 1904 device by Vittorio Benussi used to measure breathing, and

(iii) an abandoned project by American William Moulton Marston which used

blood pressure to examine German prisoners of war (POWs)

Marston’s machine indicated a strong positive correlation between systolic blood

pressure and lying. Marston wrote a second paper on the concept in 1915, when
finishing his undergraduate studies. Marston styled himself the "father of the
polygraph." In 1938 he published a book, The Lie Detector Test, wherein he
documented the theory and use of the device.

A device recording both blood pressure and breathing was invented in 1921 by Dr.
John Augustus Larson of the University of California and first applied in law
enforcement work by the Berkeley Police Department under its nationally
renowned police chief August Vollmer Further work on this device was done by
Leonarde Keeler As Larson's protege, Keeler updated the device by making it
portable and added the galvanic skin response to it in 1939. His device was then
purchased by the FBI and served as the prototype of the modern polygraph.
Several devices similar to Keeler's polygraph version included the Berkeley
Psychograph, a blood pressure-pulse-respiration recorder developed by C. D. Lee
in 1936 and the Darrow Behavior Research Photo polygraph, which was developed
and intended solely for behavior research experiments.

A device which recorded muscular activity accompanying changes in blood

pressure was developed in 1945 by John E. Reid, who claimed that greater
accuracy could be obtained by making these recordings simultaneously with
standard blood pressure-pulse-respiration recordings.
 Polygraph Test

The term Polygraph refers to a process in which selected physiological activities are
recorded. According to the definition of Webster‘s legal dictionary ―a Polygraph is
a device for measuring certain involuntary bodily responses, such as blood pressure
and perspiration, from which an opinion is drawn as to whether or not the person
being tested is telling the truth.

In the olden days all recording were made manually. These responses are blood
pressure, pulse rate, respiration, breathing rhythms, body temperature and skin
conductivity through electrical resistance (Galvanic Skin Response or GSR) which
are recorded while the subject is asked a series of questions, on the theory that false
answers will produce distinctive measurements. It is presumed that these changes in
the physiology are caused by the sympathetic nervous system during the questioning.
It means that there is interaction between the body and the mind. These reactions of
mind generate many reactions of human body which could be read through various
kind of sensors attached to the polygraph machine. In fact the automatic nervous
system of the liar becomes aroused as his emotionality increases. These arousals are
recorded by polygraph. Along with the instruments or compact machines, as the case
may be, there are other materials in the form of rubber tubes, small metal plates and
cuffs, etc, which are also being used as fixtures on the human body, so that different
kinds of activities may be measured. In a Polygraph test convoluted rubber tubes are
placed over the examinee’s chest and abdominal area which will record respiratory
activity. Two small metal plates, used as sensors, are attached to the fingers, which
record sweat gland activity, and a blood pressure cuff or a similar fixture senses and
records cardiovascular activity.
 Procedure to conduct

Originally, it is significant to note that there is no one polygraph technique. There

are a great many polygraph techniques known by many names, even though they all
have certain qualities in general. All polygraph tests involve the measurement of
physiological responses (usually, respiration, palmar sweating, and cardiovascular
activity) with an instrument while the subject is asked a series of questions.
Polygraph tests begin with an interview during which the examiner psychologically
prepares the subject for the test
In the very beginning a baseline for the psychological characteristic is established
by asking whose answer the investigator known. Deviation from this predetermined
base line for truthfulness, measure by the Lie Detector, is taken as a sign of life .This
test does not involve any direct invasion of the body. This basically produces a graph
of multiple psychological parameters and hence the name Polygraph. In this test, the
Polygraph taken gives a reading of the deviation of the psychological parameter from
the baseline for truthfulness, which is determined by the natural question asked it the
very beginning. In this test examination conducted by the probe attached to the body
of the person, who is interrogated by the expert. The variation in the pulse rate, the
heart rate, the skin conductance, the blood pressure etc. are measured.
Before conducting, the Polygraph test, there are some steps which are to be followed
by the examiner –
• Go through the background of the case.
• Formatting questionnaire based on the background of the case.
• Apprise the subject on the objective of the test,
The graph that it produced after the interrogation with target question, aimed to make
a possible liar uneasy in his psychological reaction is examined by an expert who
would then explain their reaction, in the court and also to the law enforcement officer
to aid them in their investigation. His conclusion, which would flow from his reading
of the Polygraph, may be admitted or rejected by a judge on appreciation of the
statements and the objection raised thereto by the defense and other expert. In case
of a Polygraph, the subject may or may not answer the question, his psychological
reaction and the response of his answer to the analysis of that is to be tendered as
evidence if and when the occasion arises.
During the Polygraph test an expert and skilled examiner will make assessment of
the following procedure –
a) An assessment of examiner‘s emotional state
b) Medical fitness of the examinee
c) To identify overly responsive behaviour specialised tests be conducted
d) To assess overly responsive behaviour specialised test be conducted
e) To do factual analysis of case information and
f) To do pre-test interview and detail review of question
 NHRC guidelines

There is no Indian legislation which defines polygraph. But The National Human
Rights Commission had published ‘Guidelines for the Administration of Polygraph
Test (Lie Detector Test) on an Accused’ in 2000. These guidelines should be strictly
adhered to and they are:
1. No Lie Detector Tests should be administered except on the basis of consent
of the accused. An option should be given to the accused whether 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 such a test
should be explained to him by the police and his lawyer.
3. The consent should be recorded before a Judicial Magistrate.
4. During the hearing before the Magistrate, the person alleged 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 the status of a statement made to the police.
6. The Magistrate shall consider all factors relating to the detention including the
length of detention and the nature of the interrogation.
7. The actual recording of the Lie Detector Test shall be done by an independent
agency (such as a hospital) and conducted in the presence of a lawyer.
8. A full medical and factual narration of the manner of the information received
must be taken on record.
Legal provisions related with the protection of the accused

1. Article 20(3) Right against self-incrimination-No person accused of any offence

shall be compelled to be a witness against himself. Self-incrimination is a legal
principle under which a person cannot be compelled to provide information or testify
against themselves in a criminal case. An accused person cannot be forced to
undergo scientific tests like Narcoanalysis, Polygraph, Brain-finger Printing etc. as
it amounts to self-incrimination of the accused.

2. Article 21 Right to life and personal liberty-It means no person shall be deprived
of his life or personal liberty except according to procedures established by law. It
also traditionally known as 'natural right'.

3. Section 161(2) of the Criminal Procedure Code, 1973, Right to remain silent- It
mandatory for every individual to truthfully answer every question posed to them by
the police, except those that would make them liable to a criminal investigation.

4. Section 45 and 45A of the Indian Evidence Act- Polygraphy test cannot be
considered as an evidence. According to the Section 45 the opinions of persons who
have special skill in foreign laws, science or art, and on handwriting and finger
impressions are relevant. Under certain circumstances the evidence of opinions of
persons who are called ‘experts’ have become relevant. An opinion evidence of an
expert after its acceptance by the court becomes the decision of the court and causes
to be a opinion evidence of the expert. Polygraphy test cannot be considered as an
evidence but the court can consider it as an expert opinion under Section 45A of
evidence act.
 Landmark judgments
1. Selvi v. State of Karnataka & Anr Case 2010 7 SCC 263 : The SC ruled on
the legality and admissibility of narco tests establishing that the involuntary
administration of narco or lie detector tests constitutes an intrusion into an
individual's "mental privacy." If such test is conducted without taking the consent of
the accused person, it would be a clear violation of Article 20(3) of Indian
Constitution.
If certain safeguards like the one recommended by the National Human Rights
Commission in the case of polygraph test are observed, then such test results may
be admissible in evidence for a limited purpose

2. D.K. Basu v. State of West Bengal case, 1997: The SC ruled that involuntary
administration of the polygraph and narcos test will amount to cruel, inhuman, and
degrading treatment in the context of article 21 or the Right to Life and Liberty.

3. State of Bombay v. Kathi Kalu Oghad, 1961, the Supreme Court of India ruled
that the right against self-incrimination under Article 20(3) of the Constitution does
not extend to the physical evidence (like fingerprints, handwriting, blood, and voice
samples), voluntarily given information and identification procedures (like line-ups
and photo arrays) during police interrogation.

4. Other Observations of the SC:

(i) Narco tests are not reliable or conclusive as evidence, as they are based on
assumptions and probabilities.

(ii) Any information or material that is subsequently discovered with the help of
voluntarily administered test results can be admitted, under section 27 of the
Evidence Act, 1872
 Admissibility as evidence

1. S Vs. State and Others CRL. REV.P.788/2023 and CRL.M.A. 19745/2023- In the
present case by the learned Judge who passed orders that the IO should get conducted
polygraph tests of accused and prosecutrix as per law and later the learned Trial
Court relying on the polygraph test and discharging the accused while making an
observation that the victim was lying whereas the accused was truthful. But
according to Honorable High Court, Delhi further discharging an accused primarily
on the basis of outcome of the polygraph test at the stage of charge was equally
erroneous. Since the polygraph test result by itself is not a piece of independent
evidence. So, Polygraph test along with proper trail is helpful.

2. 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.

3. 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. At the time of writing
this book, the CB1 is investigating into he case. In scientific tests suspected killer
admitted serial killing of missing children. In this case the investigating agencies
used polygraph, brain mapping and narcoanalysis tests on both of them and also on
a female servant who allegedly lured children who were killed by both duo.
4. 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 [i.e., Brain Electrical Oscillation
Signature (BEOS)]. During these tests he confessed his involvement in the crimes.
BEOS (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.
 Criticism
The polygraph test is mainly criticized firstly, that it mainly checks the changes in
heartbeat, blood pressure, respiration and perspiration (through GSR) which actually
can be caused by many other factors such as fear, nervousness, etc. So also the claim
that the polygraph expert can tell that whether the physiological change was due to
a lie or that the change occurred due to some other factor has never been proved by
scientific evidence. Secondly, that it neither has constant nor has controls because
every individual has a different disposition. The end result is that the expert runs the
risk of making hasty conjectural conclusion based on just one or two deviant
responses, unless the expert himself is in possession of all the inside information
through the investigators, The whole of the exercise would be wastage of time,
money and energy

Conclusion
After taking into account the aforementioned material it can be said that polygraph
test is an old phenomena which has developed gradually and plays an imperative
role in investigation and solving cases in developed as well as developing countries.
But due to its limitations or criticisms mentioned above it cannot be solely relied
upon as it is not accurate, it also is not universal and there is a great chance that it
may incorporate some biasness or error in its final result because the same is given
by an expert who is a human being. But because the public at large does not know
about its limitations it can therefore come in handy in some cases if not all. The
constitutional validity of Polygraph Test is still unanswered. Thus, government
should enact new legislation regarding application of lie detectors in criminal justice.
So that, our legal system take better advantage of rapid advances in scientific tools
which work as judicial aids.
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