LAHORE: The Lahore High Court has held that no polygraph examination should be undertaken without free and informed consent of an accused. Conducting a polygraph test without the consent of the accused would violate the right against self-incrimination guaranteed under the Constitution, the court added.
The court also observed that despite its potential as a supplementary investigative tool, such methods cannot override the fundamental rights guaranteed under Article 10 of the Constitution.
The court passed this order in an appeal of Muhammad Imran alias Gochii who challenged the decision of a trial court awarding him life imprisonment in a murder case.
The court noted that the appellant did not give any voluntary consent to undergo the polygraph examination.
The court remarked that in the absence of free and informed consent, the credibility and evidentiary value of the said examination rendered the entire process devoid of legal sanctity.
The court, therefore, set aside the conviction and sentence awarded to the appellant and acquitted him of the charges.
The court observed, though the polygraph test may suggest truthfulness, but it is unreliable due to its inherent limitations and potential for misinterpretation. It also lacks standalone evidentiary value and cannot independently establish guilt or innocence, the court added.
The court also observed that its admissibility is generally based on whether the testimony is relevant, whether it can assist the court in understanding the issues, and whether the expert is qualified.
The court commenting on the procedure of undertaking polygraph examination issued necessary directions to the concerned authorities.
The court also ruled that polygraph examination shall not be undertaken solely at the discretion of the investigating officer and added any consent obtained during the physical remand shall not be deemed valid.
The court said consent of the accused shall also be recorded before the magistrate concerned, who shall ensure that it has been given without undue influence.
The court also observed that the polygraph examination should be conducted by a qualified examiner affiliated with the Punjab Forensic Science Agency (PFSA) or any other legally recognized forensic institution and added it shall strictly conform to the protocols prescribed by the PFSA.
The court also remarked that the entire process shall be audio-visually recorded, and comprehensive documentation thereof shall be preserved for record and reference.
The court observed, the accused shall be informed again prior to the commencement of the polygraph examination that participation in the test is voluntary and he retains the right to withdraw his consent at any stage of the procedure.
The court also emphasized that during course of the examination, under no circumstances should any form of pressure be exerted to procure or sustain his cooperation.
The court ruled that the result of the polygraph examination shall not constitute substantive proof of guilt and may be employed solely for corroborative or investigative purposes.
Concerns about the reliability of the methods used, the expert’s credibility, or the accuracy of the findings shall be addressed through cross examination, the court concluded.
Copyright Business Recorder, 2025
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