The Kolkata doctor rape-murder case has garnered considerable attention not only due to its disturbing nature, but also because of the investigative techniques employed, notably the application of psychological profiling by the CBI.
This technique is not routinely employed and thus its utilisation in this case raises significant questions regarding its objective and efficacy. Psychological profiling includes creating a detailed profile of a person’s psychological characteristics. This includes understanding their mental state, personality traits and potential motivations behind their actions.
In criminal investigations, profiling helps to understand the criminal’s mindset by analysing his responses and behaviour. This helps investigators gain insights into their psychological state and possible motives. Profiling helps in understanding if the crime was premeditated or impulsive and whether the accused had any associates. It helps to understand fundamental psychological issues which can help in preventing similar crimes by addressing the root causes. The ethical and legal implications of psychological profiling and related techniques, particularly with regard to consent and potential misuse, must be carefully considered. It is essential to ensure that these methods are implemented in a fair and ethical manner.
The Supreme Court’s ruling in the Selvi vs State of Karnataka (2010) established that certain psychological tests require consent, which must be obtained without force or pressure. The efficacy of psychological profiling hinges on the expertise of the psychologists involved and the calibre of the data collected. It is not an infallible tool and should be employed in conjunction with other forms of evidence. Profiling offers valuable information, but it should be supplemented with forensic evidence and witness statements to construct a thorough case.
The psychoanalytic profiling of the accused in the Kolkata case, Sanjay Roy, revealed that he was a “pervert and severely addicted to pornography”, a CBI officer reportedly said. He added that the 35-year-old had an “animal-like instinct” and that, when questioned, he exhibited no remorse for the heinous rape and murder. “The man showed no repentance and narrated the entire episode giving every minute detail without hiccups. It appeared he had no remorse,” the officer reportedly said. The team said he shared the details “without a trace of emotion”.
The specialists also reviewed his statements to the CBI thus far to establish any connections to the post-mortem and forensic results. Notably, the CBI is also considering polygraph tests for the 35-year-old accused, Dr Sandip Ghosh and other individuals.
Roy had a long history of violence and abuse. He joined the Kolkata Police’s Disaster Management Group as a civic volunteer in 2019 and using the “right channels”, shifted to Kolkata Police’s Welfare Cell. He was assigned to the police outpost at RG Kar Hospital on several occasions, granting him easy access to all hospital departments.
According to Roy’s neighbours, he was married four times, with three of his previous wives leaving him because of “misconduct”. His fourth wife died of cancer last year. His neighbours added that Roy used to often return home late at night in an inebriated state. The accused was known for his violent sexual impulses and numerous alleged violent acts.
After getting married, his sister, who was also employed in the police force, told a local television station that she had severed all ties with Roy. “He was a drunkard, he never stayed home. One day, he told us he was leaving home for good, and since then, we, his sisters, took care of our mother,” she said. “We have no knowledge of how he got the job of a civic volunteer. He did not tell us anything about how or when he got that job.”
Roy’s ex-mother-in-law also made serious accusations. “I had a nasty relationship with him. He tortured my daughter. He assaulted her when she was three months pregnant and she lost the child,” she alleged. She said that the first six months of the marriage were pleasant before the accused began mistreating her daughter.
Similarly, the CBI had conducted a forensic psychological assessment of the nine people arrested in the Birbhum massacre, in which at least eight people were burnt to death. A psychologist monitored the body language and facial expressions of the suspects during the assessments.
Psychological assessment has been used in other cases too. In 2016, the CBI got permission to conduct lie-detector tests on two members of Goa-based organisation Sanatan Sanstha in connection with the murder of anti-superstition activist Narendra Dabholkar in Pune in 2013. “We had approached the court seeking approval to conduct polygraph tests on Hemant Shinde and Nilesh Shinde, members of Sanatan Sanstha, as they gave their consent. The court has given the go ahead,” said a CBI official, adding that the test
would be carried out at the Central Forensic Science Laboratory in Navi Mumbai.
The CBI decided to put Hemant Shinde, a resident of Shivaji Nagar, and Nilesh Shinde, a resident of Mangalwar Peth, through lie-detector tests as, according to the agency, they were found deceptive in their forensic psychology assessment and forensic statement analysis. While the local police initially investigated the case, taking cognisance of a PIL, the Bombay High Court transferred the case to the CBI.
The CBI is also set to bring the complainant in the Hathras case to Gujarat for forensic psychological tests. The agency has sought dates from the Directorate of Forensic Science (DFS) so that they can carry out the psychological assessment of the victim’s brother who is the complainant in the case.
Last month, the CBI brought the four accused lodged in Aligarh jail to DFS where they underwent polygraph tests and profiling. The reports of the tests were
handed over to the CBI recently, according to highly placed sources. Now, based on the complainant’s psychological assessment and polygraph tests conducted on the accused, forensic experts will connect the links and submit the final conclusion report to the CBI.
Psychological profiling assists investigators in reconstructing the psychological elements underlying the crime, thereby providing valuable insights that can contribute to the legal proceedings and future crime prevention strategies.
—By Abhilash Singh and India Legal Bureau