FROM THIRD DEGREE METHODS TO PSYCHOLOGICAL TESTS: SAGA OF INDIA’S CRIMINAL JURISPRUDENCE

Abstract

With the increasing dependence on technology in the globalizing world, the number of crimes related to or originating from use of technology is on a surge. Rising complexities in the administration of the criminal justice system in the larger context and subsequently, identification of the ‘intention’ for a particular crime and the accused has forced changes in the techniques to be used for evidence finding. Historically, third degree methods have been the most common techniques to seek information from the accused and the arrested. However, with rising human rights claims, invocation of Article 21, fundamental right to life and liberty and Supreme Court’s judgments in cases like Hussainara Khatoon, D.K. Basu has raised questions on the use of third-degree methods.

For long, psychologists and legal researchers have been proving an alternate technique of fact finding viz. psychological testing is a safe and sound option. This paper is dedicated to understanding the history and growth of psychological testing to indicate its importance and relevance in the Indian legal system.