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Kolkata rape-murder case: No lawyer is ready to represent Sanjoy Roy, the prime suspect in the Kolkata rape and murder case, reports AyraNews24x7.
Roy is accused of raping and murdering a trainee doctor at RG Kar Medical College and Hospital. Her body was found on August 9. Since then, there have been massive protests across the world.
Though the legal situation has arisen because the lawyers are taking a moral stand, the absence of the lawyers is preventing the Central Bureau of Investigation (CBI) from proceeding with the investigation.
The CBI cannot conduct a polygraph test, commonly known as a lie detector test, without the consent of the accused.
Why does Sanjoy Roy need a lawyer?
The polygraph test cannot be conducted without the consent of Sanjay Roy. His approval is mandatory.
A lawyer can explain the implications of the test, provide legal advice and help Roy make an informed decision. His consent can be legally obtained only if he agrees after understanding his rights and the possible consequences.
According to the Journal for Law Students and Researchers, when consenting to a test the subject “must have knowledge of the test and the legal implications of that test”.
Can Sanjoy Roy refuse to take the exam?
Sanjay Roy can completely refuse the polygraph test. Since the test requires his consent, he can completely refuse it. His consent cannot be taken forcibly. Legally, a polygraph test requires voluntary consent.
According to Indian law, forcing a person to undergo such a test without his or her consent would be a violation of his or her rights and the results may be inadmissible in court.
Sanjay Roy gets legal aid lawyer
According to AyraNews24x7, Roy is having difficulty finding a lawyer, so a legal aid lawyer has been appointed to defend him. The court appoints a legal aid lawyer to represent a person who is unable to hire a private lawyer.
Legal aid lawyers provide their services either free of charge or at a significantly reduced cost to the client, usually funded by the government or a non-profit organisation. Legal aid lawyers are fully qualified and licensed, but they are appointed to the case rather than chosen by the client.
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