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Lie detector test
12-Sep-2023 (In Criminal Law)
Post research on web, it appears that even court can't order a suspect to undergo lie detector test. But in a scenario, where all suspects have willingly undergone this test, while the prime suspect (the only one left to be investigated too) is refusing, and it is established that he is misleading investigation by telling lies, while his bad character has also been established, CAN THE COURT FIND IT JUSTIFIED TO ORDER TEST ON HIM, just to guide the investigation. E.g. Aarushi murder case, ashram case.
All these tests are meant for corroborating the existing evidences..as the results are not admissible therefore courts can't order for these tests if the accused is unwilling.. As you have stated that his character is bad then book him as a suspect as per circumstantial evidence and leave it to him to prove he's not guilty..after the FIR its the responsibility of the investigating officer to complete the investigation not yours..
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Adv. Abhijat Pratap Singh
Lucknow | 25+ Answers
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No, the judgment in Selvi's case is very clear....a person cannot be forced to undergo a lie detector test, as it infringes his fundamental right against self incrimination.....if a person does it willingly, well and good, but no court can order it, and also, even if he does not, no adverse inference can be drawn....
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Adv. Imran Ibrahim
Allahabad | 100+ Answers
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Like already told you, court cannot direct any accused to under go a lie detection test. The purpose of this test is restricted only to pretrial investigation and it is considered a non conclusive test. Moreover it's result is not admissible in evidence.
Since court cannot order accused to under go a lie detection test, so court will not find it justified to do so.
Since court cannot order accused to under go a lie detection test, so court will not find it justified to do so.
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