Polygraph And Narco Testing In India: A Legal Overview

Dhriti Goyal, Institute of Law, Nirma University

ABSTRACT

The fundamental right to remain silent and not admit an offence is not only granted to Indian citizens but also to every person without discrimination. The goal of the legislation was to stop anyone from admitting guilt via self- incrimination. Self-incriminating remarks, such as admissions made to certain people, may occasionally be admitted into court and have substantial evidentiary significance. To establish guilt in situations when the accused refuses to confess, their statement must be recorded. Polygraphs, lie detectors, brain mapping tests, and narco-analysis are examples of deception detection tests that are used to record an accused person's statement without that person's agreement. This guarantees that the statement made by the accused will not be utilised as a legal defence. Techniques for scientific detection are employed to probe and unearth the truth regarding an offence. These methods, which employ scientific tools to obtain information, have taken the place of the tiresome process of torture. They are questioned, nonetheless, because of possible conflicts with natural justice and fundamental rights. During trials, they are also questioned over their veracity and admissibility, as well as any potential conflicts with these rights. These tests' reliability and usefulness as evidence are additional causes for worry. In the end, using these strategies is a difficult and dynamic process.

Keywords: Polygraph Test, Narco-Analysis, Fundamental right, Natural Justice