Reliability and Ethics of deception detection tests (DDTs) in India.
Context:
The recent use of polygraph tests by the Central Bureau of Investigation (CBI) in a case involving the rape and murder of a doctor in Kolkata has sparked renewed debate on the reliability and ethics of deception detection tests (DDTs) in India.
Relevance:
GS-03 GS-02 (Science and technology, Polity)
Dimensions of the Article:
- What Are Deception Detection Tests?
- Concerns related to DDTs
- Legal Evolution of DDTs in India
- Supreme Court’s Landmark Ruling in 2010
- Continued Use and Ethical Concerns
What Are Deception Detection Tests?
- These are the methods that are used by the investigating agencies to determine if the person is being deceptive.
- There are multiple ways/ methods of DDTs:
- Polygraph Tests: This is also known as a “lie detector test,”. It analyses certain physiological changes like increased blood pressure, sweating, or changes in breathing patterns, that usually occur when a person is lying.
- Narco-Analysis: This is done by taking the accused or the person involved to a semi-conscious state by injecting sodium pentothal. This enables the subject to disclose information as it lowers the subject’s inhibitions. It is also called a “truth serum” as it is believed to weaken the person’s ability to lie.
- Brain Mapping: This is undertaken by introducing the subject to certain stimuli related to crime that helps experts to record the brain activity of the subject. IT is based on a principle that the brain shows distinct reactions to familiar stimuli if the person has any knowledge of them.
Concerns related to DDTs:
- Although these methods help the legal system, they are controversial amongst the medical and scientific community due its effectiveness.
- For instance, an accused subjected to any one of the above methods, need not necessarily be proven guilty considering the physiological responses that comes out as a result. Because, these psychological responses can also be a response due to stress and fear which can make the tests unreliable.
- And on the other side, there are many example in the United States where subjects who are good at lying, have actually passed the polygraph tests, once again questioning its credibility.
Legal Evolution of DDTs in India
- Indian courts until 2010, generally administered these tests by sidelining accused’s consent.
- The following cases made in clear that modern crimes need modern methods and also upheld that these tests did not amount to “testimonial compulsion,” alongside safeguarding the subject’s fundamental rights.
- Kerala High Court in 2006 (Rojo George vs. Deputy Superintendent of Police)
- Madras High Court in 2006 (Dinesh Dalmia vs. State)
- Delhi High Court in 2008 (Sh. Shailender Sharma vs. State & Another)
Supreme Court’s Landmark Ruling in 2010
- In the famous case of Selvi vs. State of Karnataka , it emphasized the importance of consent.
- It ruled that no person should be forced to undergo these tests without their explicit consent, aligning with the fundamental right against self-incrimination under Article 20(3) of the Constitution.
- It also made it clear that forcing someone to would also violate their right to privacy under Article 21.
- It even highlighted the lack of scientific evidence supporting the reliability of these tests in yielding accurate investigative leads.
- It compelled that those consenting to such tests must have access to a lawyer and must be made aware of all potential physical, emotional, and legal consequences.
- However, the Court did allow for any evidence discovered as a result of voluntary test results to be used in investigations.
- For instance, if an accused person voluntarily reveals the location of a weapon during the test, and the weapon is subsequently found, the weapon itself could be admissible evidence, even if the statement during the test is not.
Continued Use and Ethical Concerns
- Despite the Supreme Court’s restrictions, these methods have been applied in several high-profile cases, such as the 2020 Hathras gang rape, the 2012 Sheena Bora disappearance, and the 2022 Shraddha Walker murder case. This continued use raises ethical and legal concerns:
- Informed Consent and Coercion: It is argued that getting one’s voluntary consent in police custody is difficult as many of the detainees might not even fully understand their rights or the consequences of undergoing such tests.
- Potential for Abuse: It was also brought into light where suspects were forced to undergo narco- analysis in which they were exposed to harsh physical and psychological coercion to extract confessions. Like those that happened in 2007 Mecca Masjid blasts and the 2006 Mumbai blasts.
- Legal experts like senior advocate Rebecca John have criticized, calling these tests as “pseudo-scientific,”. She argued that if an individual refuses the test, this refusal is often viewed as an of guilt or bad faith, which can unjustly impact their legal standing.
Conclusion
While DDTs play an important role in the legal system, it also sidelines the ethical implications involved. And having a questionable reliability in the use of DDTs, it should be used carefully.
Adopting scientifically valid methods and by considering constitutional rights, justice should remain a priority in India’s criminal justice system.
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