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Hursha (Director)     10 December 2009

Polygraph Test

My friend who is wrongly an accused in a Dowry Death has undergone 2 Polygraph Tests so far. The first test was done by the CID and the results were in his favor. The case was then transferred to CBI and they did another Polygraph test. The Investigating Officer refuses to give my friend the results of this test. However, apparently, after the test was done, the Forensic Officer who conducted the test told my friend that the test was in my friend's favor.

Is there a rule/law for such tests, where the results should be shared by the Investigating Officer ? So far, no charge sheet has been filed by any Investigating agency for the last 5 years !!


 6 Replies

Rajan Salvi (Lawyer)     10 December 2009

No charge sheet for 5 years. This is injustice . Why has the accused not gone for quashing u/s 482.?

1 Like

Hursha (Director)     10 December 2009

It is indeed. For some reason, my friend's lawyers advise my friend that quashes are not given so easily. I am aware of the Bhajan Lal judgement. But my friend's lawyers feel that the courts exercise the quash option in the rarest of rare cases and say that when the charge sheet is filed, they will ask for discharge.

Do you have a view on the denial of results of the Polygraph Test ? Is there a law or some way my friend can force that out ?

Arvind Singh Chauhan (advocate)     10 December 2009

Your friend's lawyer have choosen the right strategy. try to collect the Polygraphy report under RTI Act. It can also be obtained through court if the it is sent to court. Usually further developement in investigation is sent to court.

1 Like

Hardik Mehta (Family Counsellor)     10 December 2009


Using the RTI to find out the information will be useful, but you can also face the denial. In this view, just ask the concern court to get the information from CBI. Your friend can go for quashing on the basis of the first polygraphic report given by CID. 5 years is too long for chargesheet. Just apply for RTI and wait till you get the report.

1 Like

Hursha (Director)     11 December 2009

Hi Hardik, My friend has tried the RTI route of obtaining the Polygraph results. They have denied him the information under Sec 8 h(i) of the RTI stating that sharing of such information will impede the investigation !! My friend has opted for Second Appeal. Separately, my friend asked another gentleman who is not related to the incident to try to obtain the results of the Polygraph test from CBI through RTI. However, CBI is refusing to give out any information. Actually, after they saw the RTI applications flying into their office, it was only then they registered the FIR in the court !!

Anil Agrawal (Retired)     11 December 2009

 The polygraph test must have been done with the permission of the court and report also submitted to it. The accused has every right to get the copy of the report from the court. 

1 Like

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