A POLYGRAPH TEST CANNOT BE ADMINISTERED WITHOUT OBTAINING THE WRITTEN CONSENT OF THE ACCUSED 

17th March 2021

The Karnataka HC recently ruled polygraphy test a.k.a "lie detector test," cannot be administered without obtaining the written consent of the accused. The court further noted, mere silence of the accused does not amount to consent.

Justice Suraj Govindraj was hearing a plea challenging an order by the trial court dated March 2020, which directed the accused, a party organizer and an accused in a drug case, to undergo a polygraph test and provide a Biometric passcode/ password of his phone and email accounts. The accused, Khanna, contended that "involuntary administration of impugned techniques" restricted his liberty and gross violation of his privacy.

The Karnataka HC set detailed circumstances under which authorities were permitted to conduct a valid test.

1. An application to be served to the accused or his/her lawyer/
2. Consent by the accused, without any doubt, should be taken after informing him/her of the effect and impact of the polygraph test.
3. If a person refuses to administer a polygraph test, no such test shall be administered.

The Hon'ble Court noted that The Trial Court should have considered the consent of the accused before directing the polygraph test. The Court set aside the earlier order by the Trial Court.

Author: Papiha Ghoshal

PC: Ipleader