By overturning a Patna High Court ruling, the Supreme Court (SC) in Amlesh Kumar v The State of Bihar [2025 INSC 810], States that narco-analysis tests on accused individuals cannot be done without their consent.
The SC, while taking into consideration the ruling of Selvi and Others v State of Karnataka has states: “Under no circumstances, is an involuntary or forced narco-analysis test permissible under law. Consequently, a report of such involuntary test or information that is discovered subsequently is also not per se admissible as evidence in criminal or other proceedings”.
The SC added that the accused has a right to voluntarily undergo a narco- analysis test at an appropriate stage. We deem it appropriate to add, that the appropriate stage for such a test to be conducted is when the accused is exercising his right to lead evidence in a trial. However, there is no indefeasible right with the accused to undergo a narco- analysis test, for upon receipt of such an application the concerned Court, must consider the totality of circumstances surrounding the matter, such as free consent, appropriate safeguards etc., authorizing a person to undergo a voluntary narco-analysis test.
References
- Amlesh Kumar v The State of Bihar [2025 INSC 810]
- Selvi & Others v State of Karnataka & Another [AIR 2010 SC 1974]
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