NHRC sets lie detector test rules

NEW DELHI, JANUARY 6: The National Human Rights Commission NHRC has prohibited administration of the polygraph test or lie detector tes...

NEW DELHI, JANUARY 6: The National Human Rights Commission NHRC has prohibited administration of the polygraph test or lie detector test8217; without the consent of the accused and said that it should be done by an independent agency in the presence of a lawyer.

NHRC sources said on Thursday that on receiving a number of complaints alleging that the test, conducted after administering a certain drug to the accused, was taken under coercion and without consent, the Commission issued a set of guidelines to regulate them.

Since the test was not regulated by any law or subjected to any guidelines till now, the Commission felt that it could tend to become an instrument to compel the accused to be a witness against himself, violating the constitutional immunity from testimonial compulsion.

The NHRC said that as the test involves invasion of individual8217;s privacy and is not authorised by law, it must perforce be regarded as illegal and unconstitutional unless it is voluntarily undertaken under non-coercivecircumstances.

quot;The lie detector test is much too invasive to admit the argument that the authority for these tests comes from the general power to interrogate and answer questions or make statements. However in India, we must proceed on the assumption of the constitutional invasiveness and evidential impressiveness to take the view that such holding of tests is a prerogative of the individual and not an empowerment of the police,quot; the Commission said.

quot;If the police action of conducting lie detector test is not authorised by law and impermissible, the only basis on which it could be justified is, if it is volunteered,quot; the Commission added.

The NHRC guidelines state that the test should be administered without the consent of the accused who should be given clear option8217; as to whether he wishes to avail the test to clear his name. The police along with the lawyer should explain the physical, emotional and legal implication of such a test to him.

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If the accused volunteers for the test, he should begiven access to a lawyer and his consent should be recorded before a judicial magistrate.

Even during hearing before the magistrate, the accused should be duly represented by a lawyer. At the hearing, the accused should be told in clear terms that the statement that is made shall not be confessional statement to the magistrate but will have the status of a statement made to the police.

The magistrate should consider all factors relating to the detention including the length of detention and the nature of interrogation.

The actual recording of the test should be done in an independent agency like hospital and conducted in the presence of a lawyer. A full and factual narration of the manner of information received must be taken on record, the NHRC directed.