ADMISSIBILITY OF DECEPTION DETECTION TESTS IN INDIA

Abstract

Deception Detection Test (herein referred to as DDTs) is an evaluation of a statement to detect the possible intentional deceit and has moral, scientific and legal significance in the society and is generally known as ‘guilty knowledge test’. DDTs includes polygraphs, narco analysis, brain mapping and lie detectors. These tests are simply known as ‘drug induced revelation’ of intentional deceits. This has been in practice even before the Greeks and the Romans. Before science emerged, the self-revelation tests were conducted through the ingestion of drugs such as peyote, opium, cannabis and henbane. Medical psychologists say that it is an effort to utilize scientific techniques to observe and comprehend the human conduct affected by the drugs. The masked information, which is known only to self, is sometimes central for criminal investigations. 

DDTs are conducted only on the accused, suspect or witness to a particular case and it increases the potency of the investigation. DDTs are argued to be safer and a better alternate to the ‘third degree methods’.  However, DDTs are allowed to be conducted only with the ‘voluntary consent’ of the concerned individual. Without the said voluntary consent, the results from DDTs are not admissible in all cases in the Court in India. It is up to the discretion of the Courts whether to include or not, the information obtained from the drug- induced tests as evidences for a particular case. 

The question is, ‘whether the information received from the DDTs with the voluntary consent amounts to testimonial compulsion thereby violating Article 20(3) of the Constitution of India’. The Court only mandates obtaining voluntary consent for administering these tests, but does not provide for what amounts to voluntary consent under any law. Hence, the claim is that, there is a need for the judiciary to define the term ‘voluntary consent’ and provide for what amounts to voluntarily consent. Also, there is a need for framing proper guidelines for conducting DDTs.