In the Kolkata rape and murder case involving Sanjay Roy, legal complexities have arisen concerning the administration of a polygraph test. Sanjay Roy, accused of the heinous crime at R G Kar Medical College and Hospital, currently does not have legal representation, which complicates the investigative process.
Details On Sanjay Roy Polygraph Test
The absence of a lawyer for Sanjay Roy has significant implications for the ongoing investigation by the Central Bureau of Investigation (CBI). One key issue is the administration of a polygraph or lie-detector test, which cannot legally proceed without the consent of the accused. This consent must be informed, meaning Roy must fully understand the implications of undergoing such a test, which is impossible without legal counsel to guide him.
Can Sanjay Roy Say No To Polygraph Test?
Legally, the right to consent is crucial in ensuring that any evidence gathered through a polygraph test is admissible in court. According to legal standards, a subject must be fully aware of the nature of the test and its legal ramifications. The Indian legal framework explicitly requires voluntary consent for polygraph tests; thus, Roy has the right to refuse to undergo the test. Without his explicit agreement, any attempt to administer a polygraph could infringe on his legal rights and potentially jeopardize the admissibility of the results.
The current scenario, where no lawyer is willing to represent Sanjay Roy possibly due to the moral complexities of the case, has stalled this part of the investigation. Additionally during the psychoanalysis test of Sanjay Roy during the CBI probe was labelled as s*xual pervert with instincts like an animal. In the same test, it was also revealed that while speaking about the crime he showed no signs of remorse.
The legal principle that underpins this issue is that even accused individuals have certain inalienable rights, including the right to legal representation and the right to make informed decisions about their participation in procedures like polygraph tests.