The Constitution says that "An accused will not be forced to give evidence against himself in any court. He has right to remain silent."
And therefore, Courts do not allow Reports of Lie Detector Tests on Records of Case. Another reason often given is, that such reports are not very reliable.
In Narco Test, case, it has been held that a person cannot be forced to give narco test because it will force him to give evidence against himself and this will violate Constitutional Right.
About other medical reports of Blood Samples/ DNA tests /Finger prints/hair samples/ Handwriting Expert Report/ Bone Tests
All these reports can be produced in Courts. Blood report can be relied upon to convict a person for taking drug or wine. DNA reports can also be relied.
In all such cases, a Person is not forced to say anything against himself. It is the BODY of that PERSON which is giving evidence against that person.
In my view, Lie Detector Test Report may not be admissible for what a person said. But it can be admissible to prove that the BODY of Accused was lying during the test.
This is a fine point of law. It has to be first raised and argued in Trial Court. Then only higher courts can examine this question. This can certainly help courts.
Haresh Raichura
18/11/13
