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Polygraph test cannot be administered without obtaining the written consent of the accused person to whom it is to be administered, the Karnataka High Court ruled (Virendra Khanna v. State of Karnataka).
Neither you nor a counselor can force someone to be truthful. Many times, counselors guide couples to us for a polygraph test when they believe that one or both parties are refusing to fully disclose their behaviors.
While there is no specific legislation in place regulating the use of polygraph tests, an employer can ask an employee to take one, but it must be voluntary (we'll go into more detail just now). However, no one can be forced to undergo a lie detector test, as it is against the Constitution.
The states that sometimes allow polygraph tests as evidence in criminal case include:Alabama.Arizona.Arkansas.California.Delaware.Georgia.Idaho.Indiana.More items...?
No matter what tactics the police use against you, you are fully within your rights to refuse a polygraph test at any stage of the criminal justice process. If you ever find yourself in one of those dimly lit rooms, you should politely decline to participate until you've discussed the matter with a qualified attorney.
Idaho, along with Rhode Island and Vermont,(fn1) appear to be the only jurisdictions with no appellate decision on the issue of admissibility of polygraph evidence.
Occasionally, a suspect will ask to take a test in order to establish his innocence. You are never under any legal obligation to take a lie detector test in a criminal investigation. Even if police tell you the test is mandatory or they threaten you with arrest if you refuse to take one, you don't have to.
As we know according to the Article 21(3) of constitution of India, a person cannot be a witness against himself. The results of polygraphy test goes against this law. So, this cannot be taken as an evidence in the court of justice.
The results of a lie detector test are unreliable, and many innocent people have failed them. Even if you pass the test, this does not mean that you will not be charged with committing a crime. Not admissible.
Abstract. Polygraph evidence is presently inadmissible in Canada and many jurisdictions of the United States. One of the major reasons for its exclusion lies in the belief (held by members of the judiciary) that jurors would accept such evidence without question due to its technical/scientific nature.