Polygraph test allowed with consent: Himachal High Court

Shimla, June 23

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A polygraph test is permissible but subject to the consent of the person, the HP High Court held this while dealing with an issue regarding the permissibility of the test.

Justice Vivek Singh Thakur said, “It is not legally impermissible to the court to issue a direction to a person to undergo a narco analysis or a polygraph test, but such a direction shall be subject to the consent of the said person and the person has a right to elect to consent or refuse to undergo such a test.”

Justice Thakur said, “The consent shall never be a tool for validating an act of the Investigating agency which is not permissible at all. Tests may be of three kinds: permissible with or without consent, permissible with consent only and impermissible altogether.”

The Judge, while referring to judgments passed by the apex court on the issue, said, “The polygraph test falls in the second category, which is permissible but subject to the consent of the subject-person.”

The court passed the ruling on a petition challenging the order of the trail court, which had allowed the application of the investigating agency seeking permission to take a voice sample and conduct a polygraph test on an accused, who had been booked under the provisions of the Prevention of Corruption Act.

While dismissing the petition, Justice Thakur said, “In the present case, the petitioner has specifically pleaded in reply to the application filed by the investigating agency before the trail court that in case a polygraph test and a voice sample are legally permissible, he is ready and willing to undergo the same to show his bonafide. Therefore, there is an expressed consent of the petitioner on record. Hence, I find no infirmity, illegality or perversity in order passed by the trail court.” — OC