By Astha Bhumish Shah 

The Kerala High Court held that an accused cannot unilaterally demand the victim or witnesses to subject themselves to lie detection tests like Narco Analysis Test or Polygraph Test to prove defense’s case. The petitioner is a first accused in a sexual assault case and had approached the High Court for conducting a lie detection test on the minor victim and her parents to prove his defence. The Court dismissed the petition holding that – while conducting Narco Analysis/ Polygraph Test is a device that can be used during investigation, the same can only be used when the person is willing to undergo the same. In any case, the accused who is defending a case cannot unilaterally ask the witnesses or victims to subject themselves for Narco Analysis/ Polygraphic Tests to prove his defense case.  

In the present case, it was alleged that petitioner who sells fish on his motorcycle sexually assaulted a 10-year-old girl by giving her fish to feed her pet cats. Further, that the accused touched her private parts and made her hold his penis on various occasions in a secluded place near her house. It was also alleged that the accused committed the sexual acts knowing that the victim belongs to the Scheduled Caste or Scheduled Tribes community thus committing offences punishable under sections 354, 354A (1) (i) and (ii) of IPC, POCSO Act and Section of 3 SC/ST (POA) Act. It was then alleged by the petitioner that the minor girl’s family fabricated the case to evade repaying money they had borrowed from him. He also alleged that the Special Judge dismissed his application without even attempting to ascertain if the victim and her parents were willing to undergo Narco Analysis Test or Polygraph Test. 

While holding that the Order of the Special Court warrants no interference, the Court dismissed the petition. It referred to Selvi & Ors. v. State of Karnataka (2010), stating that mandating lie detection test on a person would amount to self-incrimination and is contrary to due process of law. It noted that compulsory lie detection test like Narco Analysis Test or Polygraph Test was violative of Article 20 (3) and has no evidentiary value. Therefore, no individual should be compelled to undergo lie detection test. (Aboobakkar @ Abu v State of Kerala – CRL.MC NO. 5865 OF 2024) 

Click on here to read/ download the Order.