(iv) Report of the Ballistic Expert on examination of the weapons alleged to have been used by the deceased and his companions.39 II. Lie Detector Tests The NHRC has laid down guidelines for the conduct of the Lie Detector Test or polygraph test in view of the complaints that the police, without explaining to people the full implications of a lie detector test, was making them take it, in violation of their fundamental right and the fact that lie detector or polygraph tests are not regulated by any particular law as such. While issuing these guidelines, the NHRC followed the principle: in the absence of a specific law, any intrusion into fundamental rights must be struck down as constitutionally invidious [violative]. The NHRC said that the invasiveness of a lie detector test overrules the argument of the police that the authority to use lie detector tests comes from their powers under the Code of Criminal Procedure [CrPC] to question and interrogate suspects and stated that, holding of such tests is the prerogative of the individual and not an empowerment of the police. It must perforce be regarded as illegal and unconstitutional unless it is voluntarily undertaken under noncoercive circumstances. Also, there is no scientific evidence to prove that results obtained from polygraph tests are conclusive. Failing a lie-detector test does not mean that the person is guilty. Polygraph tests measure responses on the premise, that a person is being untruthful, if there are sudden changes in her/his breathing, heart and blood pressure rates. A truthful person can fail the test if s/he is nervous, has health problems or is just surprised by the question. The Guidelines are as fallows 1. 2. 3. 4. 39 Lie detector tests must not be carried out without the consent of the accused. If the accused volunteers to take a lie detector test, s/he must be given access to a lawyer to explain the physical, emotional and legal implications of the test. The implications must also be explained by the police. Consent to take a lie detector test must be recorded before a Judicial Magistrate. The magistrate must take into account, the time the accused has been in detention and the nature of her/his interrogation. This should be Please see www.nhrc.nic.in - List of Important Instructions/Guidelines by the Commission Manual on Human Rights for Police Officers 85