18
WP No.11759/2020
Polygraph Test
4.2. The
said
order
is
in
violation
of
the
judgement of the Hon’ble Supreme Court in
the case of Selvi V/s State of Karnataka
reported
in
2010( 7)
SCC
page
263,
wherein the apex court has clearly laid down
that subjecting the accused to a Polygraph
Test
is
vi o l a t i ve
of
‘right
against
self-
incrimination’ which is a fundamental right
guaranteed under article 20 clause (3) of the
Constitution,
he
relies
on
t he
following
paragraphs of the said judgement:
184. Even though the actual process of
undergoing a polygraph examination or a BEAP
test is not the same as that of making an oral or
written statement, the consequences are similar.
By making inferences from the results of these
tests, the examiner is able to derive knowledge
from the subject’s mind which otherwise would
not have become available to the investigators.
These two tests are different from medical
examination and the analysis of bodily
substances such as blood, semen and hair
samples, since the test subject’s physiological
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents