The Application and Constitutionality of the Forensic Methods of Lie Detection

  • Harshit Mishra and Tapasya Upadhyay
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  • Harshit Mishra

    Advocate, High Court of Judicature at Allahabad, India

  • Tapasya Upadhyay

    Advocate, High Court of Judicature at Allahabad, India

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Abstract

Since the evolution of human beings in the world we have struggled to find our place in it. In this regard, the individuals try to find a place in the domain of comfort, relief and assurance, and in order to achieve that there needs to be a strong economic, political and cultural climate. The criminal law system is no different and it is also continuously striving towards advancement. This paper focuses on deception detection techniques, which are used by the investigating agencies for the extraction of truth in criminal investigation. The most commonly used lie detector tests are polygraph, narcoanalysis and brain mapping which are generally used by investigators all around the world. The modern society as it stands today is complex and witnessing a continuous change and with the changing dynamics of society new criminal activities have grown up and criminals have started using new methods for the fulfillment of their objective. In such a scenario, it’s very difficult for investigating agencies to solve such complex cases by using traditional methods. Therefore, there’s a pressing demand from the investigating agencies to allow the use of such methods of forensic science in extraction of truth and administration of justice. Also, forensic experts from all around the world have recommended the use of such technique to strengthen criminal investigation as such techniques not just help in investigation of already committed crime but it also helps in preventing the future criminal activities. Although, there’s a pressing demand for use of scientific methods in investigation of crime, but at the same time, there is question as to legality or constitutionality of these tests, as it raises various legal, ethical and medical issues regarding the use and implication of such techniques.

Type

Research Paper

Information

International Journal of Law Management and Humanities, Volume 4, Issue 3, Page 4756 - 4770

DOI: https://doij.org/10.10000/IJLMH.111026

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This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.

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