Description:
No Lie Detector Tests should be administered except
on the basis of consent of the accused. An option
should be given to the accused whether he wishes
to avail such test.
(ii) If the accused volunteers for a Lie Detector Test, he
should be given access to a lawyer and the physical,
emotional and legal implication of such a test
should be explained to him by the police and his
lawyer.
(iii) The consent should be recorded before a Judicial
Magistrate.
(iv) During the hearing before the Magistrate, the
person alleged to have agreed should be duly
represented by a lawyer.
(v) 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.
(vi) The Magistrate shall consider all factors relating to
the detention including the length of detention and
the nature of the interrogation.
(vii) The actual recording of the Lie Detector Test shall
be done by an independent agency (such as a
hospital) and conducted in the presence of a lawyer. #pdf
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