Polygraph & narco test


Hi,

 

After logging in an IPC 420 case/FIR, if the petitioner wants to proceed towards a Polygraph test, should the Court of Law give order for it or Police? (I also know the other party must give their acceptance)

 

Txs

 
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Lawyer

It is duty of the court to decide for what test is needed to unearth truth.


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ha21@rediffmail.com Mumbai : 9820174108

1. Legally & Technically, any action that may infringe on person liberty or right to defence would not be allowed, EXCEPT with permission of court in exceptional cases.

2. Accused is legally entitled to remain quiet in his defence and prosecution liability is to prove the case with available evidences /witnesses.

Keep Smiling .... Hemant Agarwal 
VISIT:  www.chshelpforum.com


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Of course, everyone respects human dignity and petitioner can take the test if not the accused. Like Dr. J. C. Vashista mentioned, let the truth be unveiled in many ways if accused doesn’t want to co-operate, the petitioner will.

People took corona vaccine because they knew they can perform well in business, but not willing to take the truth tests while symptoms are similar for both, is a bias.  

 
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Advocate

This is a novel situation. To my understanding, it confers no advantage to the petitioner  in proving his case even if the court allows such a strange reequest.. 

 
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After studying many cases, everyone will concur that this approach is common where a magistrate will order a polygraph test on both petitioner and the respondent. CBI which is the apex body is also following the same and many convictions were given recently as well. Txs for your opinion though. 

 
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