The Supreme Court recently ruled that any forced or involuntary narco test is unconstitutional and invalid
✔ The Court set aside a Patna High Court order in the case of Amlesh Kumar v. State of Bihar (2025).
✔ The apex court is of the view that the High Court order violated the guidelines established in the landmark Selvi v. State of Karnataka (2010) judgment
● What is a Narco Test?
✔ It is an investigative process where the accused is sedated to reveal concealed facts.
✔ Substances like barbiturates (eg. Sodium Pentothal) are administered to reduce the subject's inhibitions and reasoning ability.
✔ It is considered a non-violent method, similar to polygraph tests or brain mapping
● Constitutional Issues:
✔ Article 20(3):
o Forced tests violate the protection against self-incrimination, which ensures no accused is compelled to be a witness against themselves
✔ Article 21:
o Involuntary tests breach the Right to Privacy and personal liberty.
✔ Golden Triangle:
o Violating the Right to Privacy impacts the Golden Triangle of the Constitution that includes Articles 14, 19, and 21.
o This was established in Maneka Gandhi v. Union of India (1978).
✔ The Supreme Court, while referring to the Selvi guidelines, has held that without free consent, any such test would be unconstitutional and hence any information obtained therefore shall not be used as evidence.
● Legal Guidelines & Evidentiary Value
✔ Consent must be voluntary, informed, and recorded before a magistrate with proper medical and legal safeguards.
✔ Information obtained without free consent cannot be used as evidence.
o Even with consent, results do not confirm guilt and must be corroborated by other evidence
✔ An accused may volunteer for the test at the defence evidence stage (under Section 253 of BNSS), but there is no indefeasible right to such testing.
