CHAPTER 26 26POLYGRAPH TEST

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1 26POLYGRAPH TEST Forensic psychologists interpret and evaluate the internal and external behavioral patterns of suspects/accused/witnesses/victims with the help of different equipments and aid in the process of scientific investigation of criminal cases. They help the investigating agencies to establish the knowledge, involvement and connivance of an individual in a particular case under investigation. Forensic psychology includes: (i) (ii) (iii) (iv) Polygraph or Lie-Detection Test Brain Mapping or Brain Finger Printing or Brain Electrical Oscillation Signature Profiling Test Narco Analysis Test Psychological and Geographical Profiling Lie Detection is a psycho-biological test to check the veracity of statements on computerized equipment known as a lie-detector or polygraph. The lie detector measures the following autonomic nervous system activities in the form of graphs: (i) (ii) (iii) (iv) (v) (vi) (vii) Abdominal respiration Thoracic respiration Galvanic skin resistance (GSR) Blood pressure/pulse rate Muscular pressure Finger pulse Skin temperature 601

2 CHAPTER 26 Figure 26.1: A normal polygraph chart Figure 26.2: Polygraph chart showing deception 602

3 26.1 Legal Requirement The National Human Rights Commission vide letter no. 117/8/97 8 dated 11/01/2000 has issued guidelines regarding administration of Polygraph Test to accused persons. The investigating officers are advised to follow the guidelines scrupulously. The Commission, after bestowing it s careful consideration on this matter of great importance has laid down the following guidelines relating to the administration of Lie Detector Tests: (i) (ii) (iii) No Lie Detector Test should be administered except on the basis of consent of accused. An option should be given to the accused whether he wishes to avail such test. If the accused volunteers for a Lie Detector Test, he should be given access to a lawyer and the physical, emotional and legal implications of such a test should be explained to him by the police and his lawyer. The consent should be recorded before a Judicial Magistrate. 603

4 (iv) (v) (vi) (vii) (viii) During the hearing before the Magistrate, the person alleged to have agreed should be duly represented by a lawyer. At the hearing, the person in question should also be told in clear terms that the statement that is made shall not be a confessional statement to the Magistrate but will have the status of a statement made to the police. The Magistrate shall consider all factors relating to the detention including the length of detention and the nature of interrogation. The actual recording of a Lie Detector Test shall be done in an independent agency (such as a hospital) and conducted in the presence of a lawyer. A full medical and factual narration of manner of the information received must be taken on record General Requirements (i) (ii) The investigating officer is advised to send a requisition addressed to the Director, State FSL, requesting for a date of polygraph examination. The requisition has to be forwarded either by Superintendent of Police or Sub Divisional Police Officer. While sending requisition, the investigating officer should attach photocopies of all relevant documents such as FIR, statements of subject(s) recorded under Section 161 CrPC, PM Report, Spot visit report, sketch of the spot, a brief case history and photographs, if any. This will enable the experts to understand the nature of the crime, role of the subject(s), and most importantly how, when and where the crime was committed, who were the other accomplices and the motive behind the crime and other selected issues such as disposal of dead body, weapon of offence, vehicle used if any etc. The investigating officer is advised to requisition the services of a Polygraph Division only after making a thorough investigation and after collecting relevant documents including physical evidence, mobile call details, PM report, inquest report, injury report, age certificates, etc. In the absence of such details referred to above, it is extremely difficult for the examiner to formulate proper questions and unreveal inconsistencies in the statements of the subject. 604

5 (iii) (iv) (v) (vi) (vii) (viii) (ix) The laboratory will communicate date for consultation with the investigating officer. The expert after going through the facts of the case will prepare questionnaire and communicate date(s) for the polygraph test. The investigating officer is required to meet the concerned expert at State FSL, personally for discussion and subsequent examination. Under no circumstances, any officer other than the IO will be entertained. Before sending requisition, the concerned IO should attach a declaration that he has obtained consent of the subject(s) to undergo the Test as per Article 20(3) of the Indian Constitution and orders passed by the Honorable Supreme Court of India referred to above. Often, it has been observed that the subjects are not informed by the investigating officer, as a result of which the expert has to face problems to obtain consent from the subjects at the time of examination. Invariably this has resulted in inconvenience and wastage of time both of the expert and the IO. Only nominated subjects will be examined on date and time fixed by the expert. Fresh dates are to be obtained if additional persons related to the crime are required to be examined. As a Polygraph Test is a psycho-physiological test, long journey should be avoided on the date of examination and the subjects may be given sufficient rest and food prior to polygraph examination to ensure qualitative results. In case of lady subjects, a lady home guard/constable is required to accompany the subject who will remain present during examination also. All minor subjects should be accompanied by their parents/guardians compulsorily who will also countersign the consent form. (x) In case further session is required, the IO should make his/her arrangements to stay. The IO will also make necessary arrangements for security of the subjects. (xi) While asking the questions on the equipment, each question is asked after a gap of 25 seconds. This gap is allowed in order to activate and normalize the sympathetic and para sympathetic components of the autonomic nervous system. Marking should be made on the chart at the time of starting of question and end of the question and also indicate the response of the subject on chart (Required in manual polygraph equipment). Limitations: Polygraph tests cannot be conducted on subjects hard of hearing, lunatics or persons suffering from acute high blood pressure, asthma or expecting mothers. 605

6 26.3 Sample Format for Intimation to I.O.S Regarding Fixation of dates of Polygraph Test SCIENCE IN PURSUIT OF TRUTH Place of examination: Lie Detection Division, State FSL, - STATE FORENSIC SCIENCE LABORATORY, RASULGARH, BHUBANESWAR , ODISHA TEL- 0674~ / 417, FAX No. SFSL-LD Date / /2015 To The Superintendent of Police, Dist- Ref: Letter no. dtd regarding date of Polygraph test ********************* Case Ref: PS: Case No- dated U/s IPC ( GR NO. ) No. of subjects for polygraph test: 1 (one) Date of polygraph examination: DD/MM/YYYY ( Day) Time: sharp Name, designation and contact number of expert: Additional documents required: A requisition addressed to the Director, State FSL BBSR for production of subject and copy of PM Report. With reference to the letter and subject mentioned above, the IO may be directed to follow the instructions given below carefully. 606

7 Instructions for the Investigating Officer (i) Polygraph test is a voluntary test. The subjects should be informed about the test as per article 20(3) of the Indian Constitution. The concerned IO will submit written consent(s) of each subject to the expert on the date of examination. (ii) For the subjects in custody, guidelines of the National Human Rights Commission issued vide letter no. 117/8/97 8 dated 11January, 2000 may be scrupulously followed. (iii) The number of subjects should not exceed three (3) per day as per prevailing norms laid down for the polygraph test. (iv) Recent medical history of the subject is advisable pre-requisite for the test. (v) As a polygraph test is essentially a psychological test, any type of fatigue or exhaustion ought to be avoided such physical condition would affect the test adversely. (vi) Lady suspects should be compulsorily accompanied by lady personnel without which test will not be conducted. (vii) Parents/guardians of minor suspects must accompany him/her to countersign the consent form for polygraph test. (viii) Only named subjects will be examined on the specified date and time, fixed by the expert. (ix) Polygraph test may take longer time. The Investigating Officer should come adequately prepared to stay in Bhubaneswar. SAMPLE FORMAT OF POLYGRAPH TEST REPORT Director State FSL, Bhubaneswar BY REGD. POST SCIENCE IN PURSUIT OF TRUTH STATE FORENSIC SCIENCE LABORATORY RASULGARH, BHUBANESWAR, ODISHA No. SFSL-LD Date / /2015 POLYGRAPH (LIE DETECTOR) TEST REPORT From: The Director and Chemical Examiner to the Govt. of Odisha, State Forensic Science Laboratory, Rasulgarh, Bhubaneswar (Odisha) 607

8 To The Superintendent of Police, Dist. Ref.: Letter no. dated regarding Polygraph (Lie Detector) Test in Police Station Case No. dated DD/MM/YYYY U/s IPC With reference to the above, Lie Detection Test Report No. : - is sent herewith. Test: Lie Detection test is a psycho-biological examination to check the veracity of statements of subjects with the help of computerized equipment known as a Lie Detector or Polygraph. This equipment measures 6 different types of autonomic physiological changes in the form of graphs. They are (i) (ii) (iii) (iv) (v) (vi) Thoracic respiration Abdominal respiration Galvanic skin resistance Blood pressure Movement or muscular pressure Finger pulse Questionnaires are prepared by the polygraph expert on the basis of documents submitted by the IO and discussion held with individual subjects. The Lie detector equipment records changes in the autonomic nervous system in the body of the subject during the examinations which form the basis for detection of deception in the report. Table 26.1: Details of Persons Subjected to the Examination 1. The Lie Detector (polygraph) test was conducted on the written voluntary consent of the subjects as per Article 20 (3) of the Indian Constitution. 2. The subjects were found to be psycho-biologically sound and responsive to the test. 3. The Lie Detector (Polygraph) equipment was working satisfactorily as on (date). 4. The subject was produced and identified by the IO. 608

9 In this case, 1 questionnaire consisting of 16 questions was asked to the subject in language out of which 9 were relevant questions, 5 irrelevant questions and 2 general control questions. Relevant questions are related to the crime under investigation. Irrelevant questions are neutral questions that are not related to the crime. General control questions are used to exclude or include the possible involvement of the subject in any other crime prior to or after the occurrence of the crime at hand. XXXXXX, suspect admitted voluntarily in writing before polygraph expert during pre-test discussion (Copy enclosed) that Ram Singh had in fact carried his mobile telephone with him on 18/12/14 when they both had been to He further admitted that Ram Singh had handed over the mobile to him at on 18/12/14 night, before he left for at around 8.00 PM. The questionnaire in respect XXXXXX has been framed accordingly. The questionnaire along with answers of the subject to each question was as follows: 609

10 Expert Opinion The analysis and evaluation of polygraph charts of XXXX reveal deceptive responses. According to the test and analysis, the statements of above named subject are found to be not true. Director and Chemical Examiner Assistant Director and Assistant Chemical Examiner Memo No. SFSL-LD date / /2015 Copy forwarded to Inspector in charge, Police Station, Dist- for information and necessary action. Director 610

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