Supreme Court clarifies accused’s right to voluntary narco-analysis during trial under legal safeguards.
ACCUSED CAN VOLUNTARILY SEEK NARCO TEST WITH COURT PERMISSION
Case in NewsAccused can voluntarily seek Narco Test with Court permission, ruled the Supreme Court on 9th June 2025. |
Case Overview
Case Name : Amlesh Kumar vs. The State of Bihar
In a significant ruling the Supreme Court of India held that an accused may undergo a narco-analysis test voluntarily but only with court approval and at an appropriate stage during trial. The bench of Justice Sanjay Karol and Justice PB Varale was hearing an appeal where the Patna High Court rejected bail on the grounds that a narco-test would be conducted during the investigation of a dowry death case. The apex court emphasized that no court can mandate such tests during bail hearings especially without examining constitutional safeguards.
Key Aspects
The key aspects relating to the case are provided as under –
- Patna High Court rejected bail based on proposed narco-test by police .
- Accused challenged order citing Selvi v. State of Karnataka (2010) .
- Supreme Court framed 3 questions : legality of test during bail, evidentiary value and right to request test .
- Issue arose from allegations under Section 304B IPC (dowry death).
Legal Insights
The legal insights relating to the case are provided as under –
- Article 20(3), Constitution of India : Prohibits compelled self-incrimination .
- Article 21 : Guarantees personal liberty; involuntary tests violate this right .
- Section 27, Indian Evidence Act, 1872 : Only information discovered through voluntary tests may be admissible .
- Section 233, CrPC : Accused can lead evidence in defence, but narco-test not a statutory right .
- Selvi vs. State of Karnataka (2010) : Forcible narco/polygraph tests unconstitutional .
- Vinobhai vs. State of Kerala (2025) : Test results must be corroborated with other evidence .
Court’s Verdict
The Supreme Court ruled that narco-analysis may be undertaken voluntarily by the accused only with court approval and at the stage of defence evidence . No indefeasible right exists to demand such tests . Courts must ensure free consent, constitutional safeguards and that such reports do not solely form the basis for conviction .
Source- Supreme Court of India
Read also – Article 21 of Indian Constitution
