Claim

Under the law, the accused's written consent is mandatory for a polygraph test.

“कानून के मुताबिक इस टेस्ट के लिए आरोपी की लिखित सहमति जरूरी है।”

Rationale

The Supreme Court in Selvi v. State of Karnataka (2010) held that no polygraph (lie detector) test can be administered without the accused's voluntary consent, and mandated strict adherence to the NHRC's 2000 guidelines, under which consent must be formally recorded before a Judicial Magistrate with legal representation. The anchor's statement that the law requires the accused's documented consent for a polygraph test is therefore substantively correct; the minor caveat is that the binding requirement is judicially recorded consent (which is reduced to writing) rather than a statute using the exact phrase 'written consent'.

Evidence

• https://www.drishtijudiciary.com/constitution-of-india/selvi-v-state-of-karnataka-2010 Selvi v. State of Karnataka (2010) Supreme Court ruling: no polygraph/narco/BEAP test may be administered without the accused's consent; involuntary tests violate Article 20(3) and Article 21. ✓ reachable · archived
• https://indianlawlive.net/2021/10/15/polygraphy-narco-analysis-and-brain-mapping-tests-in-criminal-investigation/ Details NHRC 2000 Guidelines made binding by Selvi: consent must be recorded before a Judicial Magistrate with lawyer present, giving it formal documented (written) form. ✓ reachable · archived
• https://ijirl.com/wp-content/uploads/2025/01/THE-LEGAL-INADMISSIBILITY-OF-NARCOANALYSIS-POLYGRAPH-AND-BEAP-TESTS-WITHOUT-CONSENT-IN-INDIAN-JURISPRUDENCE.pdf Legal analysis confirming polygraph tests without consent are impermissible in Indian jurisprudence as of the broadcast date. ✓ reachable · archived