As society advances, becoming more complex with every passing moment, crime presents itself in different forms and newer modes of perpetration. This correspondingly necessitates the employment of modern scientific techniques in investigative and judicial processes such as DNA fingerprinting, lie-detector tests, brain-mapping and narco-analysis tests. These techniques are equally relevant in cases where conventional forms of crime have assumed immense proportion, say in the form of public outcry, or to make up for shortfalls in investigative processes. The instance of Abdul Karim Telgi in the stamp paper scam and several other suspects in the Aarushi murder case are of contemporary relevance in this respect. The techniques involve revelation of certain pertinent information about the accused. They differ from usual investigative techniques in that they involve a certain degree of cooperation from the accused. Such cooperation need not be voluntary and in fact is often cursive in nature. courts in India have witnessed numerous challenges to the constitutionality of these tests. The cases which have been disposed of so far have been at the level of the High courts, and incidentally, their validity has been upheld in every instance.
THE TESTS AND MODES OF UTILIZATION
- LIE DETECTOR OR POLYGRAPH
The Lie Detector or the Polygraph test involves attachment of paraphernalia externally to the body which measure several variables such as the pulse, blood pressure, perspiration rate, etc. The test is based on the presumption that a false statement knowingly made by a person will cause these variables to deviate from their standard levels. The standard levels are determined by asking questions to which the answers are known by the interrogator. Like any other investigative technique, in principle, the subject may choose not to answer the questions asked.
- BRAIN MAPPING
The brain-mapping test involves interrogating the witness on three kinds of questions, neutral words which are directly related to the case, probe words which attempt to elicit concealed information known by the accused, and target words which include findings relevant to the case of which the suspect is not aware. The test ds not expect an oral response from the accused, who is merely expected to listen to the words. The suspect’s brain would interpret the words, and if he/she has some connection with the words or stimulus, the brain would emit what are known as P-300 waves, which shall be registered by sensors. The results of the test are interpreted by an expert and enable one to infer the areas on which the suspect possesses information. He may then be subjected to a detailed interrogation on the specific areas regarding which he is expected to possess information. The interrogation may be a conventional one or aided by the administration of another scientific test such as the polygraph or narco analysis. Thus, the results of the test enable one to conclude whether or not the accused possesses or is concealing any relevant information
- NARCO-ANALYSIS
The narco-analysis test involves injection of certain substances in controlled quantities for two or three hours. This puts the accused in a hypnotic trance. The accused is then interrogated, the statements made by the accused are recorded on audio and video cassettes, and the report of the expert is helpful in collecting evidence. The first narco-analysis was done in the Forensic Science Laboratory, Bangalore in 2001 on an individual associated with offences committed by Veerappan. For conducting the test, the National Human Rights Commission has laid down certain guidelines to the effect that the test should only be administered if the consent of the subject is obtained before a Magistrate and therefore, the police cannot by themselves conduct the test whenever they deem appropriate.
However, the guidelines are only suggestive in nature and therefore, cannot bind an investigating agency. It is interesting to note that the Forensic Science Laboratory at Gandhinagar in fact refused to conduct the test on a suspect when he did not give his consent. The Magistrate nevertheless ordered the laboratory to conduct the test. In 2006 however, the Supreme court stayed the order of a metropolitan judge to conduct narco- analysis. This is the first and only case in respect of scientific techniques which has reached the Supreme court. At present, the case known as the Krushi Co-operative Bank case, is pending decision with the Supreme court. At last count, the Supreme court had reserved its decision on the case.
This article has been contributed by Tanmay Wahal, First Year, Symbiosis Law School, Hyderabad