Law Notes Hub: BALLB Lecture Notes

A GLOBAL PERSPECTIVE Almost every country of the world has the provisions of scientific developments for the benefit and welfare of their citizens and nations. There are provisions contained in the constitutions across the world that talk about scientific research and developments.  The principle of criminal justice system is to protect the innocent from wrongly conviction and punishment of culprit. All this is possible only if the truth is searched by the investigating authorities. There is no doubt that constitutions of various countries speak about scientific advancements but when it come to applying scientific techniques in interrogation, across the globe, every nation hesitates. Worldwide, rights of accused persons are advocated. Doubts are raised regarding the capability and reliability of scientific techniques of investigation. The Universal Declaration of Human Rights, 1948 in Article 11.1 declares that accused is to be presumed innocent until proved guilty according to t...

WHAT IS BRAIN MAPPING? Brain Mapping is one more valuable scientific tool for investigation of crimes. Brain Mapping is also known as Late Positive Complex or P3 or P300.  It is a component of averaged brain potentials. In this test no questions are asked from the accused. He is made to sit in evoked potential recording machine and is shown objects relating to crime scene or is made to hear sounds pertaining to crime site. The sensors from his head pick the event related potentials in the form of Brain Mapping only if the person has been at the site of crime. Brain Mapping is a response of the brain to a stimulus which is shown to the subject.  HISTORICAL BACKGROUND In 1965, scientists were working on the research of Event Related Potentials and it was discovered by Sutton and his colleagues. It is very robust Event Related Potential.  As soon as it recognizes the stimuli it sends the reaction within 300 milliseconds of seeing the stimuli. If the person is attentive to th...

WHAT IS NARCO ANALYSIS Narcoanalysis has become an increasingly, perhaps most common term in India. It refers to the process of psychotherapy conducted on a subject by inducing a sleep like state with aid of drugs. A person is able to lie by using his imagination. In this test, the subject’s inhibitions are lowered down by interfering with his nervous system at the molecular level. In sleep-like state efforts are made to obtain “probative truth” about the crime as in sleep like state, it becomes difficult though not impossible for him to lie. It is believed that if a person is administered a drug which suppresses his reasoning power without affecting his memory and speech, he can be made to tell the truth.  Narcoanalysis is a form of psychotherapy and an effective aid to scientific interrogation. It is a process whereby a subject is put to sleep, or into a semi-somnolent state by means of chemical injections and then interrogated while in a dream like state. It is believed that if ...

  CONSTITUTIONAL VALIDITY OF POLYGRAPH TEST Constitutional Provisions In Indian Constitution there are various provisions which are related with the protection of the accused person.  In the Constitution of India, the provision of life, liberty and freedom has been given under Article 20 and 21 .  According to Article 20(3) “ no person accused of any offence shall be compelled to be a witness against himself” . ‘Involuntary’ is defined as an admission, especially by an individual who has been accused of a crime that is not freely offered but rather is precipitated by a threat, fear, torture, or a promise. Under this Article only an accused person can avail the protection if he is compelled to be a witness against himself. Every civilised society guarantees the right against self-incrimination as a fundamental of fair trial in a criminal offence. According to this principle, a person accused of a criminal offence cannot be forced to incriminate himself or yield ...

  MEANING AND DEFINITION  The term Polygraph refers to a process in which selected physiological activities are recorded.   According to the definition of Webster’s legal dictionary “a Polygraph is a device for measuring certain involuntary bodily responses, such as blood pressure and perspiration, from which an opinion is drawn as to whether or not the person being tested is telling the truth. It is also called a Lie Detector." There is no Indian legislation which defines Polygraph, but United States Employees Protection Act of 1988 defines the term ‘Polygraph’ which means an instrument which-    a) Records continuously visually, permanently and simultaneously as minimum instrumentation tendered; and   b)  Is used, or the result of which are used, for the purposes of rendering a diagnostic opinion regarding the honesty or dishonesty of an individual.  HISTORICAL BACKGROUND The polygraph was invented in 1921 by John Augustus Larson...