available. 10. Timely referral is important in saving lives and avoiding complications. Hence once decided the patient should be sent at the earliest. 11.Even if a patient is referred, all possible treatment and care at prison hospital level should be given to that patient and then only referred. 31. What are the NHRC guidelines for conducting polygraph (lie detection) test? 1. No Lie Detector tests should be administered except on the basis of consent of the accused. An option should be given to the accused whether he wishes to avail such test. 2. If the accused volunteers for a Lie Detector Test, he should be given access to a lawyer and the physical, emotional and legal implications of such a test should be explained to him by the police and his lawyer. 3.The consent should be recorded before a Judicial Magistrate. 4. During the hearing before the Magistrate, the person alleged to have agreed should be duly represented by a lawyer. 5. At the hearing, the person in question should also be told in clear terms that the statement that is made shall not be a 'confessional' statement to the Magistrate but will have the status of a statement made to the police. 6. The Magistrate shall consider all factors relating to the detention including the length of detention and the nature of the interrogation. 7. The actual recording of the Lie Detector Test shall be done in an independent agency (such as a hospital) and conducted in the presence of a lawyer. 8. A full medical and factual narration of manner of the information received must be taken on record. 32. What are the safeguards which are guaranteed by fundamental rights under the constitution of India? Article 20 (3)- A person accused of an offence shall not be compelled to be a witness against himself. Article 21- No person shall be deprived of his life or personal liberty except according to procedure established by law. The expression “life UNDERSTANDING THE HEALTH CARE IN CUSTODY | 22