The Admissibility of Polygraph Test: Balancing Rights and Investigation in Jurisprudence

Abstract

This research explores the legal and constitutional status of the polygraph test (PT) within the criminal justice system of Pakistan. It examines whether the results of PT can be treated as independent admissible evidence in court and whether its use violates fundamental rights, particularly the protection against self-incrimination and the right to dignity and privacy. For this purpose, this study adopts a qualitative doctrinal methodology which is supported through comparative analysis of jurisprudential observations from India, the United States, and the United Kingdom, along with a review of scientific and forensic literature. This study finds that that although PT may assist investigations, yet it lacks sufficient scientific reliability and legal recognition to serve as substantive piece of evidence. Courts in Pakistan have consistently rejected its admissibility. This study highlights its constitutional and evidentiary concerns. It concludes that integration of PT in criminal justice system must be accompanied by legal reforms, judicial-review, and procedural safeguards. This study while relying on Aharon Barak’s doctrine of proportionality proposes a balanced framework to reconcile investigative utility with constitutional rights.