Polygraphy, Brain mapping, Narco

analysis and its relevance to Article 20

(3) of the Indian Constitution
Dr. Ajee Kuruvilla
Professor, Department of Forensic Medicine and Toxicology
MSU-Ramaiah International Medical School,
Bangalore
At the end of this class, the students will be
able to:
• Explain the principles of Polygraphy, Brain mapping and Narco analysis
• Discuss the relevance of the above methods to Article 20 (3) of the
Indian Constitution-the doctrine of self-incrimination
Polygraph
Polygraph
• When a person takes a polygraph test, four to six sensors are attached
to him. A polygraph is a machine in which the multiple ("poly") signals
from the sensors are recorded on a single strip of moving paper
("graph"). The sensors usually record:
• The person's breathing rate
• The person's pulse
• The person's blood pressure
• The person's perspiration
Polygraph
• When the polygraph test starts, the questioner asks three or four
simple questions to establish the norms for the person's signals. Then
the real questions being tested by the polygraph are asked.
Throughout questioning, all of the person's signals are recorded on
the moving paper.
Polygraph
• Both during and after the test, a polygraph examiner can look at the
graphs and can see whether the vital signs changed significantly on
any of the questions.
• In general, a significant change (such as a faster heart rate, higher
blood pressure, increased perspiration (sweating) indicates that the
person is lying.
Polygraph

• When a well-trained examiner uses a polygraph, he or she can detect

lying with high accuracy. However, because the examiner's
interpretation is subjective and because different people react
differently to lying, a polygraph test is not perfect and can be fooled.
The controversy regarding polygraph

• The polygraph continues to be the subject of a great deal of scientific

and public controversy

• Many people find polygraph testing objectionable, and there are

several websites and organizations devoted to discrediting the
polygraph.
Narco analysis
• Narco-analysis: This test involves the intravenous administration of a
drug (such as sodium pentothal, scopolamine and sodium amytal)
that causes the subject to enter into various stages of anaesthesia.

• In the hypnotic stage, the subject becomes less inhibited and is more
likely to divulge information, which would usually not be revealed in
the conscious state.
Narco analysis
• He or she may also divulge all his/her fantasies, personal wishes,
impulses, instinctual drive, illusions, delusions, conflicts,
misinterpretations, etc.

• The main drawback of this technique is that some persons are able to
retain their ability to deceive even in the hypnotic state, while others
can become extremely suggestible to questioning.
Narco analysis
• This is especially worrying, since investigators may frame questions in
a manner that may prompt incriminatory responses.

• The drugs used do not guarantee that the subject will speak only the
truth.
Brain mapping
• The brain is a highly complex organ made up of billions of cells called
neurons.
• Neurons send and receive messages to and from all parts of your
body.
• These messages are electrical impulses that create brain waves.
Brain mapping

• The brain map (also called a neuro map) is able to capture a window
of brain activity, analyze the data, and create a visual representation
for each lobe of the brain and each specific brain wave (Delta, Theta,
Alpha, Beta).
Specific brain waves (Delta, Theta, Alpha,
Beta).

Delta Brainwave Theta Alpha Brainwave

Beta Brainwave
Sleepy, Dreaming Brainwave Relaxed,
Alert, Working
Drowsy, Reflective
Meditative
Brain mapping
• It employs electrodes as a tool which is attached to the scalp of the
subject, and records the electrical waves emitting from the subject’s
brain.

• A number of auditory and visual stimuli, ones which are relevant to

the facts being investigated (material probes) as well as those which
are not relevant (neutral probes) are placed before the subject, and
inferences relating to subject’s information of a crime are drawn
thereof.
Reference: Pillay VV. Textbook of Forensic medicine and
Toxicology 19 th edition. Paras medical publisher. 2019
Article 20 (3) of the Indian Constitution
• The Indian Constitution provides immunity to an accused against self-
incrimination under Article 20(3) – ‘No person accused of an offence
shall be compelled to be a witness against himself’.

• It is based on the legal maxim “nemo teneteur prodre accussare

seipsum”, which  means “No man is obliged to be a witness against
himself.”
CONCLUSION
• In general, the accused is providing information, which may be used
against him in the court of justice. According to Artice 20 (3) of the
constitution of India, a person cannot be a witness against himself.
• The polygraphy test goes against this law. Hence it cannot be used as
an evidence
• Polygraphy cannot be considered as an evidence, but as an expert
opinion according to sec 45 and 45 A of IEA
• Also it can easily be manipulated with practice
Conclusions- narco analysis

The statements made in a hypnotic state are not voluntary and are also
not in a clear state of mind; hence these have not been admitted as
evidence in the court of law.
Section 45 in The Indian Evidence Act,
1872
Opinions of experts.—When the Court has to form an opinion upon a point of
foreign law or of science or art, or as to identity of handwriting  [or finger
impressions], the opinions upon that point of persons specially skilled in such
foreign law, science or art, [or in questions as to identity of handwriting] [or
finger impressions] are relevant facts. Such persons are called experts. 
• Section 45A in The Indian Evidence Act, 1872
• Opinion of Examiner of Electronic Evidence. —When in a proceeding, the court
has to form an opinion on any matter relating to any information transmitted
or stored in any computer resource or any other electronic or digital form, the
opinion of the Examiner of Electronic Evidence referred to in section 79A of the
Information Technology Act, 2000 (21 of 2000) is a relevant fact
Conclusions- narco analysis

Narco-analysis “without consent” raises certain issues such as

• (i) a physical assault on the body by giving injections and also multiple
painful stimuli such as slapping, pinching, pushing, hitting, shaking the
body and so forth to wake a person from hypnotic state to answer the
questions, and
Conclusions- narco analysis
• (ii) mental assault through the effect of the injection on his/her mind
and also an unrestricted access to the utmost privacy, the privacy of
his/her own mind. In the era of evidence-based medicine, it does not
have any significant role in the treatment of any psychiatric
conditions.
• Though this technique is known since the Second World War, it has
not been supported with adequate research to justify its claim.
Conclusions
•  fundamental rights always stand on the higher pedestal and can’t be
infringed investigating a case.
• The apex court very clearly ruled that these tests are against the
fundamental rights of the subject of the test and should not be
conducted involuntarily.
• Though with the consent of the subject and after complying with the
specified guidelines the tests can be conducted but then also the
outcomes of the test don’t have evidentiary value in the court as they
are not admissible in the court for the conviction or acquittal of the
accused.
THANK YOU