Polygraph test. Is it valid if ordered by the court?

In a theft case, at our residence, we have been able to narrow down on one individual. In this case, all suspects have willingly undergone polygraph test other than this individual. There is plenty circumstantial evidence. If it can be established, that this individual has given false/misleading statements, is it possible to get polygraph test for this individual ordered from court. That's my only query. Thanks

Answers (3)

283 votes

deception detection tests (ddt) are held impermissible by the apex court..if a person is not willing to go for a ddt then any forceful ddt will have the same status as of a statement given to the police which means it is not admissible as an evidence in a proceeding..every ddt depends upon willingness of the accused..it's better to simply go by the circumstantial evidence rather than wasting your time and money for an evidence which is not admissible as it is considered as self incrimination which is a clear violation of Art 20(3) of the constitution of India..

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115 votes

As the named person is one of the accused and all the other accused have already undergone the poly graphic test - taking the ground of the other accused - the court can instruct for appearance for the test for this accused as well, although it is dependent on the intensity of the theft / crime.

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247 votes

Complelling an accused to give Polygraph test has been held unconstitutional by Hon'be Supreme Court. So no court can give a direction in this regard.

Further, even if the accused has volunteered for the test, still it's result is not admissible in evidence.

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