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Development Of Forensic Psychology In India

Janvi Dorwal

Department of

Psychology,

Dr. Ram Manohar Lohiya National Law University,

Lucknow Psychology- III

Ms. Isha

Yadav
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Declaration

I hereby declare that the project work entitled “Development of Forensic Psychology in
India” submitted to Dr. Ram Manohar Lohiya National Law University, Lucknow is a record
ofan original work done by me under the guidance of Ms. Isha Yadav, Assistant Professor,
Faculty of Psychology, Dr. Ram Manohar Lohiya National Law University, and this project
work is submitted in the partial fulfillment of the requirements for the award of the degree of
B.A. LLB. (Hons). The results embodied in this thesis have not been submitted to any other
University or Institute to award any degree or diploma.

Acknowledgment

I express my gratitude and deep regards to my teacher for the subject Ms. Isha Yadav for
giving me a chance to choose my topic and for her exemplary guidance, monitoring, and
constant encouragement throughout this project. I thank almighty, my family and friends
fortheir constant encouragement without which this assignment would not have been
possible. I know that despite my best efforts some discrepancies might have crept in
which I believe my humble Professor would forgive. Thanking You All.

-Janvi Dorwal
-230101064
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Contents
Development Of Forensic Psychology In India.......................................................................................1
Declaration...............................................................................................................................................2
Acknowledgment.....................................................................................................................................2
Contents...................................................................................................................................................3
Abstract....................................................................................................................................................4
Introduction..............................................................................................................................................4
History of Forensic Psychology in India.................................................................................................5
Lie Detection Division.........................................................................................................................6
Lie Detection Division, Forensic Science Laboratory, Ahmedabad:..................................................6
Empirical Studies in Suspect Interrogation:........................................................................................7
Courtroom Forensic Psychology.............................................................................................................7
India’s Contribution to Forensic Psychology..........................................................................................8
Prison Rehabilitation in India..................................................................................................................9
Selvi & Ors. v State of Karnataka.........................................................................................................10
Conclusion.............................................................................................................................................11
References..............................................................................................................................................12
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Abstract

In this paper, we will try to look at the growth of forensic psychology in India from a
holistic point of view. We will actively look at its origins, and how it evolved from
scratch with contributions from notable personalities in the field. Our goal is to evaluate
the current position of forensic psychology from where it started and how it is actively
affecting the legal scenario in India. We will also take a peek at what the future of
forensic psychology in India looks like. This paper will stand on the shoulders of existing
literature that has traced the development of forensic psychology in India. It will be
interesting to examine how has the field of forensic psychology reached where it is today
in India. We will have a good sight of the institutions and laws that made this possible.
The pioneers and contributors to the field from India will be looked at as well. Our focus
will be shared by the infamous case of Selvi v State of Karnataka (AIR 2010 SC 1974) in
which the Supreme Court of India laid down important guidelines for administering
psychological tests. This paper will try to cover the Indian forensic psychological
landscape as much as can be in a short fashion.
Introduction

Forensic psychology is a branch of forensics that deals with the application of psychological
knowledge in the investigation of crimes, criminal minds, crime scenes, etc. The
psychologists involved in this situation play the role of an expert in the court of law and their
testimony holds high importance. Western society due to its quick and expansive growth in
law and literature has imbibed the concepts of psychology in law a bit earlier than our
country. In India, the landscape for forensic psychology is relatively fresh and a lot needs to
be implemented in these areas. The understanding of psychology in the eyes of the common
Indian is a bit low and this results in lower acceptance of newer ideas. Murders, rapes,
abductions, suicides, and all such crimes have high occurrence rates in India. Criminals use
many ways to get away from their crimes. It becomes very difficult to identify the real
offender and to get the witness to give an accurate picture. This is where forensic psychology
steps in to explore the untouched avenues of crime. Forensic psychology tools and techniques
can be used to check if the person in question is speaking the truth or is lying. It helps the
investigation agencies to reach an answer in a quick manner but there are a few obstacles like
the admissibility of psychological techniques in courts. Also, there is concern regarding the
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rights of the defendant because the use of such techniques is basically getting the person to
admit that he/she has committed the crime which is against basic human rights.

The development of forensic psychology in India, though late and slow, shows promise for
the future. Crime investigation agencies like CBI, NIA, RAW, Indian Army, and even the
police to some extent use forensic psychology tools and techniques to reach down the throat
of the wrongdoer. But unfortunately, Indian courts have not been very open to accepting
pieces of evidence based on such techniques. It is important to look at the history of the field
in India to understand its present and plan for its future outlooks.

History of Forensic Psychology in India

A developing nation like India has a lengthy history with forensic psychology. It has
been acknowledged for three decades as an applied area of psychology in the detection of
crime, intervention, and victim rehabilitation. Over the past three decades, technological
advances have altered the way that people think. Criminal activity necessitates sophisticated
and advanced technological development to be detected. The investigational areas
have shifted away from lying detection and toward identifying the biopsychosocial
components of criminal behavior of suspects and accused parties.

In spite of the title's historical connotations, the content really reflects the progress and
growth of psychology over time. Although forensic psychology has only been around for a
few decades in terms of psychology's history, it quickly established itself in developing
nations like India. Forensic psychology as a field has a long history that began with defining
its function and implications in national legal tribunals. But in this case, Gujarat is affected
by evolution as it was based on experience with observable facts and learning via trial and
error.

In India, it all began with the straightforward use of existing technologies. The conversion
was not as straightforward and simple as it would seem now. Today, we are examining the
green branches and luscious fruits that are the results of our scientists' years-long, arduous
labour in case studies. Psychologists and scientists who study in this field have long served as
expert witnesses in court cases involving theft, robbery, rape, murder, serial murder, terrorist
activity, and naxalism. Because the information covered in this chapter only represents the
beginning of the documentation, the author referred to it as a history.
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When Prof. Prafulla Chandra Bose published a thesis in 1917 outlining the importance of
using forensic psychology to understand offenders and their behaviour, the field of forensic
psychology began to develop. He suggested that one cannot render a verdict in any situation
without being aware of the crime that has been done. (Kumar et al., 2021)

Lie Detection Division

First, a psychologist was hired by the Central Forensic Science Laboratory (CFSL) of the
Central Bureau of Investigation (CBI) to launch the Lie Detection Division in 1968. The Lie
Detection Tests were conducted back then using the protocol and methods outlined by Reid
and Inbau in their 1966 book, "Truth and Deception: The Polygraph (Lie-Detector)
Technique." At that time, India lacked any training facilities that could teach a psychologist
how to conduct polygraph tests to look into crimes and have expert witnesses ready to testify
in court. A few articles written by CFSL and CBI personnel with regard to the work of the lie
detection unit have reflected the influence of their reports in Indian courts and were
published in the CBI Bulletin (journal issued by the CBI). Other state forensic science
laboratories started the process of setting up lie detection equipment in forensic settings as a
result.

Forensic Science Laboratory (FSL), Ahmedabad, Gujarat, followed a similar pattern by

hiring three psychologists in various cadres to launch a lie detection team. The first
psychologist was hired as a Scientific Assistant in 1982. A Scientific Officer and Assistant
Director were then employed in 1984, respectively, in April and December. Ahmedabad
Forensic Science Laboratory followed the CFSL, CBI pattern, despite the country's
general trend for forensic science laboratories to use either lab physicists, chemists, or
biologists to handle polygraph instruments for lie detection work without appointing
regular full-time psychologists to develop the division. (Vaya, 2015)

Lie Detection Division, Forensic Science Laboratory, Ahmedabad:

The three psychologists hired by the Forensic Science Laboratory in Ahmedabad originally
had to deal with some unpleasant Legislative Assembly Questions (LAQs) about the purchase
of a lie detector in 1978. The Gujarat Public Service Commission (GPSCselection )'s of the
assistant director was contested by the Scientific Officer, who had been appointed six months
earlier, in the Gujarat High Court. The case remained pending until two months after the
Scientific Officer's retirement in 2004. Administrative, technical, and legal challenges
included having to lead a division without a functioning polygraph instrument, responding to
questions from the Legislative Assembly, and managing court cases that added to the stress.
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The growth of the Lie Detection Division was hindered by the lengthy two-year process it
took to persuade the administrators that the repaired device was useless for "lie detection"
and the additional two-year process it required to obtain approval for the procurement of
a new polygraph instrument. (Vaya, 2015)

Empirical Studies in Suspect Interrogation:

In order to examine crime suspects (actual case studies), forensic psychological testing was
introduced in 1985. This testing included the Draw a Person, Bender Gestalt, MMPI
Adaptation for Gujarati Population (S.L.Vaya), Henry Murray's Thematic Apperception, Carl
Jung's Word Association, Sentence Completion, and Rorschach ink blot tests.

This project, which ran from 1985 to 1988, aided in fusing clinician interviews and
psychological assessment results with suspect interrogations. Using a clinical approach when
interrogating suspects aided in the development of forensic psychological evaluation reports
and investigative capabilities. In order to evaluate the suspects, a clinical method was
combined with investigative expertise, which led to the development of the forensic interview
technique.

All crime suspects underwent a pre-test forensic interview, followed by forensic psychiatric
evaluations, before being subjected to a pulse graph recording for the purpose of detecting
fraud.

This process assisted in acquiring important data and in determining whether questions that
were forwarded were being answered honestly or dishonestly. In order to produce forensic
psychological assessment reports that complemented additional information and corroborated
the findings of deceptions/no deceptions revealed in polygraph testing, the clinical approach
to forensic interview merged with lie detector examination technique. Only a small number of
questions in earlier polygraph tests showed deceit or not. Results began to support the
investigating officer's conclusions, and reports were updated with fresh new data.

In 1985, things had to be established, tested, and shown. Today, forensic psychology is a
well-established subfield of applied psychology. Although it was a taxing work, the field
was one that presented many opportunities for advancement. (Vaya, 2015)

Courtroom Forensic Psychology

The forensic psychologist's job starts when the police, attorneys, or judges ask them to
examine and evaluate criminals. The information they gather during these interviews is then
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utilised as evidence in court. A forensic psychologist might work toward the rehabilitation of
a criminal or victim in a medico-legal ward under a court order. The Indian Evidence Act of
1872, Section 45, states that "the court might take help of the experts, whenever it has to
form a judgement upon a point of foreign law, of science, or art, or as to the identification of
handwriting, and the opinion of such an expert is important." Accordingly, a forensic
psychologist can help the courts administer the law fairly by providing evidence in the form
of reports from interviews and evaluations of the subject of the case. The "mens rea"—the
state of mind of the person who often pleads not guilty while testifying at a trial—of the
subject will be illuminated by the role played by forensic psychologists. When someone
enters a guilty plea and says they were impaired by drugs or alcohol or didn't know they were
doing it, the defence has the chance to ask for a lighter sentence or ask the judge to postpone
rendering a decision. In these situations, experts are needed to intervene and take into account
the interview and evaluation of the person in question to judge and provide an opinion on
how true the person's statement is. This aids the judge in executing a judgement that is fair
and also takes into account the individual's safety as well as the safety of society at large.

The Indian Evidence Act of 1872's Section 45 also permits forensic psychologists to
contribute their knowledge to the resolution of criminal investigations, giving them the
freedom to adapt their forensic techniques to the demands of particular cases.

India’s Contribution to Forensic Psychology

The method of Brain Electrical Oscillation Signature was developed in 2003 by Prof. C.R.
Mukundan, Professor at NIMHANS, a professor of psychology with a deep interest in
neuroscience (BEOS). Instead of conceptual memory, this system accesses a suspect's
recorded experiential memory. With the help of supporting scientific findings, it helps
determine whether a suspect was a participant in the crime or a witness to it. Criminals
become more sly as generations advanced and new technologies were developed. With his
interactions at the crime scene, the average criminal's routine has evolved due to
technological innovation. Physical evidence is being discovered at crime scenes in
decreasing amounts at the moment. Information gathered from suspects using BEOS has
become a crucial instrument in criminal investigations since courts increasingly need to
depend more on oral or written evidence. However, a lot of criticism has been levelled at this
tactic.
Because BEOS is based on readings of EEGs that reveal brain waves, a lot of "noise" is seen
throughout the procedure, which may reduce the tool's accuracy. Additionally, opponents of
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the strategy contend that conceptual knowledge and experiential learning do not belong in
the category of memory. Despite being more openly acknowledged in the courtroom, this
system still needs a lot more peer review to maintain its infallibility (Hyderabadwalla, 2018).

Prison Rehabilitation in India

The prison system in India needs a major overhaul. In contrast to Canada and the UK,
rehabilitation is not encouraged in Indian prisons. Unfortunately, this increases the rate of
recidivism in crime across the nation. According to data kept by the Indian government up
until 2014, the nation's overall rate of recidivism is 7.8%. However, figures for specific states
show greater cause for concern. Recidivism data for Tripura (54%), Telangana (10.1%), and
Andhra Pradesh (7.2%). These figures benefited significantly from the state of Madhya
Pradesh. 32,70,079 of the 35,23,577 people detained were first-time offenders. 1,95,183
people had served one sentence in prison, 44,171 had served two terms, and 14,144 had
served three terms or more. Inmates can fit in India's prisons in a capacity of more than
366,000. However, due to the overcrowding of more than 110%, a suitable offender-
psychologist ratio would be needed in order to comprehend the mentalities of the
perpetrators and help them resolve their problems. Although it is frequently emphasised that
prison systems should have a rehabilitative focus, much still has to be done to make that a
reality.
The capacity of Indian prisons is 366,000 inmates. It is noted that there is a 110%
overcrowding, though. There aren't enough rehabilitation psychologists who could use their
skill set to help offenders transition into prison or life in prison. Prisoners frequently
experience a wide range of mental health problems, such as schizophrenia, substance
withdrawal, personality disorders, and post-traumatic stress disorder, thus it is important to
pay attention to these difficulties and give inmates support to manage their misery. The rate
of psychiatric recidivism lowers when offenders who struggle with mental illness receive the
proper assistance. There is no single intervention that is effective for all offenders. Effective
management of offender issues requires appropriate assessment. To help prisoners transition
back into society in a healthy way after release from prison, forensic psychologists can
conduct individual and group therapeutic interventions that have been shown beneficial in
India's mental health institutions. They can also create similar assessments and road maps.
(Hyderabadwalla, 2018)
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Selvi & Ors. v State of Karnataka

AIR 2010 SC 1974, (2010) 7 SCC 263

In this case, the Supreme Court examined the constitutionality of several methods of
gathering evidence, including polygraph exams, BEAP (Brain Electrical Activation Profile),
or "brain mapping," and narcoanalysis. According to the Court, the use of such
neuroscientific investigative methods amounted to testimonial coercion and infringed both an
accused person's right to life and personal liberty under Article 21 of the Constitution as well
as their right to self-incrimination under Article 20(3).

The Court ruled that the numerous aspects of personal liberty under Article 21 such as the
right to a fair trial and substantive due process would have to be taken into consideration
when interpreting the prohibition against self-incrimination under Article 20(3) of the
Constitution. Additionally, it was decided that this would apply to everyone involved in a
potential criminal case, including witnesses, suspects, and those who have been charged.

The Court then explored the significance of mental privacy, the right to speak or remain
silent, and how they connect with personal autonomy as facets of the right to privacy after
tracing the history of the right to privacy in India. The Court noted that the connection
between Article 20(3), the right against self-incrimination, and Article 21's right to privacy
should be taken into consideration. The court further ruled that forcing witnesses to give
testimony was not permitted by any statute and could not be a legitimate way to carry out
police duties. The court also said that drug-induced revelations and the measurement of
physiological responses would amount to an invasion of the subject's mental privacy. As a
result, the Court issued an order prohibiting the administration of these tests without the
accused's legitimate consent.

The court remarked, and I quote,

“We must recognize the importance of personal autonomy in aspects such as the choice
between remaining silent and speaking. An individual's decision to make a statement is the
product of a private choice and there should be no scope for any other individual to
interfere with such autonomy, especially in circumstances where the person faces exposure
to criminal charges or penalties.”
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Conclusion

The result of all research is a picture that is presented before us. A picture that is a bit blurry
but not as unclear as it seems to be. The landscape of Indian forensic psychology can only be
optimistic from here on. There is now a days a greater awareness regarding the field of
psychology in the country, it is only a matter of time before it translates to better informed
judgements in the apex court. Newer techniques are evolving as we speak, and the barriers of
mind can withstand only so much. Though these techniques are not one hundred per cent
accurate, they have given good results in the small usage that we have made.

Looking into the future, we need more affinity between law and psychology (forensic
psychology to be precise) as the nexus of criminology and psychology keeps increasing. It
would be too good if the government tables a bill to regulate forensic psychology tools and
techniques with reference to investigations superficially while granting them credibility. That
would make it difficult for the courts to stop their application and would also mean greater
chances of admissibility.

We have seen how valuable the contributions of S.L. Vaya and C.R. Mukundan have been in
the development of the field. Institutions like CFSL and CBI have played a key role in
promoting the usage of psychology in forensics. New institutions like Rashtriya Raksha
University and National Forensic Sciences University have taken the front seat in academia.

The Selvi judgment has surely been a bit of a setback but that has not stopped the field of
forensic psychology from growing. Articles 20(3) and 21 of the Constitution are major
barriers to the implementation and admissibility of forensic psychology tools and techniques.
That being said, the field has immense potential to grow, it just needs awareness and
government support.
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References

www.scholar.google.com

Hyderabadwalla, H. (2018). Forensic Psychology in India–where are we and where are we

going. Indian Journal of Mental Health, 5(2), 256-259.

Vaya, S. L. (2015). Forensic psychology in India. International Research Journal on Police

Science, 1(1), 29.

Kumar, Sharma, Ilame, Singh, & Bhedodkar. (2021). Forensic Psychology and Its Role in
Criminal Investigation. Legal Desire International Journal on Law, 8(24). Retrieved from
https://legaldesire.com/wp-content/uploads/2021/02/Group-3forensic-psychology.pdf

Selvi vs. State of Karnataka. (n.d.). Retrieved November 1, 2022, from

https://privacylibrary.ccgnlud.org/case/selvi-vs-state-of-karnataka