forensic dna analysis

Forensic psychology in India

Historically mutually looks at the expansion and development of forensic psychology in India.

It's interesting to go looking out that as far back as 1917 there is a thesis by prof. Prafulla Chandra Bose on how criminal psychology possesses to use in understanding the criminals and on their criminal behaviour. 

He advises the thought that without understanding the criminal psychology of crime that has been committed it's impracticable to dropout proper judgment in any case.

To be true and just, the choice must have considerable inputs from psychology.

For a continued period of it slow, psychiatry experts witness was utilized all told crime regarding the mental state. 

For instance within the "Mental State Act" of 1912, regarding the crime committed by unsound persons, who were labelled as insane, were sent to a Mental asylum for treatment instead of the prisons for serving a sentence.

It requires two government criminal psychologists or psychiatrists to grant an assessment of the mental condition of the accused, that he or she is laid low with the psychological state this was accepted within the court of law as experts evidence. 

Until 20 years ago, when this act was there, no criminal psychologists address this sort of cases.

In the 1970s Polygraph Test was introduced within the forensic science laboratories to test whether the accused is telling the fact or misleading the case investigation.

It is reported that over 1000 cases were handled by CBI forensic science lab by 1974, and lots of more laboratories started using the identical regarding a criminal investigation.

Since 1972, there has been establishing polygraph test machines in forensic science lab in the various state of India. 

For instance, after the CBI FSL, a polygraph division was formed in Karnal Madhuban FSL and then in some other FSLs like Gujarat FSL, Orissa FSL, Bangalore FSL, Jammu and Kashmir FSL, Chandigarh FSL, Delhi FSL, Trivandrum FSL, Hyderabad FSL and fewer than two years ago Mumbai FSL, had started using polygraph test in their Forensic Psychology lab established in many state FSL. 

While the Forensic department of psychology and forensic science in and of itself by name wasn't established in many state FSL, for an extended time the FSL, had a lie detection Division during which the polygraph was used. 

Now there is a Forensic section in Mumbai FSL, Gujarat FSL, Bangalore FSL, etc.

Over the years, far more innovation has been taking place within the sphere of forensic psychology in India and also it is innovating in every division of forensic science laboratories. 

For instance, narcoanalysis was started in Bangalore FSL and continues to be utilized by many other FSL, in several parts of India. The BEOSP (Brain Electrical Oscillation Signature Profiling) technique is being employed in Gujarat and Mumbai FSLs.

In recent time Lie Detection and Narcoanalysis are used in cases like that of Stamp Scam, Nithari Killing and recently within the dual murder case of Arushi Talvar.

In India, the police and the courts became more sensitized to those methods and have started using the identical in their efforts to awaken the book of the real criminal.

However, lots more work must be done and much more acceptance is crucial before forensic psychology becomes one of the important invaluable tools of crime investigation.

Present Status of lie detection in India:

The Indian law doesn't compel someone to undergo the lie detection test. Article 20 (3) of the constitution of India says, “No person accused of any offence shall be compelled to be a witness against himself”.

Section 161 Cr.P.C. 1973 also prohibits self-incriminating statement from an accused.

Thus, the legal position which emerges is that an accused cannot be put to a polygraph test if he doesn't volunteer or if his questions have a bent to indicate him to incrimination.

Even within the case of somebody who himself volunteers to face a polygraph, it's to be seen who record his statement or conducts the polygraph test. 

If it's done by a policeman and whether or not it is a voluntary confession, it cannot be proved during trial under Sec.25 of the Indian Evidence Act, 1872 which provides, “No confession made to a policeman shall be proved as against someone accused of any offence” (Sec.27 of the Evidence Act is an exception to Sec.25 of the identical Act). 

In case, the test is performed by a person other than an advocate and if it is a confession, it's visiting be admissible as Extra Judicial Confession subject to provision of Sec.24 of the Indian Evidence Act.

As regards admissibility of the statement recorded on the polygraph in case the person conducting the test is that the shielder and so the person put to test is an accused, it is not admissible u/s 25 of the Indian Evidence Act expect u/s 27 of the identical Act for a limited purpose and his examination are further subjects to Art.20 (3) of the constitution of India and section.161(2) Cr. P.C 1973. 

If the person facing the polygraph may be a witness, the statement is often put to use only within the subsequent section.162 Cr.P.C