Amlesh Kumar vs State Of Bihar 2025 INSC 810 - Accused’s Right To Voluntarily Undergo Narco Analysis Test

Criminal Trial - 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. (Para 21) [Overruled the view taken by Rajasthan High Court in Sunil Bhatt v. State that the accused can seek a narco- analysis test at a relevant stage in view of the statutory right to lead evidence in defence under Section 233 of the Criminal Procedure Code.]

Constitution of India - Article 21, 20(3) - Under no circumstances, is an involuntary or forced narco-analysis test permissible under law - 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 (Para 9)- While the need for modern investigative techniques may be true, such investigative techniques cannot be conducted at the cost of constitutional guarantees under Articles 20(3) and 21. (Para 12)- Referred to Selvi and Ors. v. State of Karnataka (2010) 7 SCC 263..

Criminal Trial - A report of a voluntary narco- analysis test with adequate safeguards as well in place, or information found as a result thereof, cannot form the sole basis of conviction of an accused person. (Para 16)

Narco-analysis test -A narco-analysis test is an interrogation method whereby a suspect of a crime is injected with a psychoactive drug under controlled conditions to suppress their reasoning power or the ability to determine what is good/bad for themselves- The drug used for this test is sodium pentothal, which is also used in higher dosages for inducing general anesthesia in surgeries. (Para 7)

Selvi v. State of Karnataka: Articles 20 and 21 of the Constitution are non-derogable and sacrosanct rights to which the judiciary cannot carve out exceptions; -Involuntary administration of narco-analysis and similar tests is in contravention of the protection given by Article 20(3) of the Constitution, i.e. the right against self- incrimination-The results of such involuntary tests cannot be considered as ‘material evidence’ in the eyes of the law-Conducting such tests in the absence of consent violates ‘substantive due process’ – which is an essential element required for restraining one’s personal liberty. Permitting such tests may lead to a disproportionate exercise of police powers- The boundaries of privacy of a person are also breached when these tests are conducted without consent - For voluntary tests, it must be ensured that appropriate safeguards are in place. Moreover, the results of the same cannot be admitted directly as evidence. Pertinently, any fact or information that is discovered subsequent thereto, with the help of the information supplied in the result, can be admitted into evidence with the aid of Section 27 of the Indian Evidence Act 1872. (Para 8-9) - Guidelines discussed (Para 21)

Code of Criminal Procedure, 1973 - Section 439 - While entertaining an application for grant of bail, the Court has to take into consideration the allegations against the accused; period of custody undergone; nature of evidence and the crime in question; likelihood of influencing witnesses and other such relevant grounds. It does not involve entering into a roving enquiry or accepting the use of involuntary investigative techniques. (Para 11)

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