The Supreme Court has held that any forced or involuntary narco test is unconstitutional and invalid.

Key Highlights of the Supreme Court Ruling

• Violation of Selvi Guidelines: It set aside a Patna High Court order in Amlesh Kumar v. State of Bihar (2025), holding that it violated the guidelines laid down in Selvi v. State of Karnataka (2010).
• Voluntary Narco Test Under BNSS: The court has made it clear that a person may volunteer for a narco-analysis test at the stage of defence evidence under Section 253 of BNSS.
  • However, there is no indefeasible right to such testing.
• Unconstitutionality of Non-Consensual Tests: Referring to Selvi, the Supreme Court opined that a narco test conducted without free consent is unconstitutional.
• Evidentiary Restriction: Any information obtained without consent cannot be used as evidence.

About Narco-Analysis Test

• A forensic technique where a suspect is administered psychoactive drugs such as barbiturates (e.g., sodium pentothal) to reduce inhibition and extract withheld information.
• Used by investigative agencies to gather information when voluntary cooperation is lacking.

Constitutional and Procedural Safeguards Governing Narco Tests

• Article 20(3) of the Constitution: Clause (3) of Article 20 protects an accused from self-incrimination. No person accused of an offence shall be compelled to be a witness against himself.
  • Article 20 (1): Deals with ex-post facto laws—acts not considered offences when committed cannot be penalised later.
  • Article 20 (2): Protects against double jeopardy—no person can be prosecuted and punished for the same offence twice.
• Procedural Safeguards Under Article 21: Article 21 includes the phrase “procedure established by law,” meaning all the procedural safeguards must be followed before conducting non-invasive tests.

Cases Related to Evidentiary Value of Narco Tests

• Manoj Kumar Saini v. State of MP (2023) and Vinobhai v. State of Kerala (2025):
• • Narco test results do not confirm guilt.
  • Information obtained may assist the investigation, but must be corroborated with other evidence.
  • Consent must be informed, recorded before a magistrate, and conducted with medical, legal, and procedural safeguards.

Check Out UPSC CSE Books

Visit PW Store

Concerns Associated With Narco Tests

• Balancing Rights: Democracy requires balancing victims’ rights with those of the accused; forced narco tests risk violating the protection against self-incrimination.
• Personal Liberty and Privacy: Article 21 protects individual liberty and the Right to Privacy, and non-consensual tests violate these basic human rights.
• Violation of Golden Triangle of Rights: Articles 14, 19, and 21 form the ‘Golden Triangle’ (as held in Maneka Gandhi v. Union of India, 1978).
  • Violation of the Right to Privacy results in violation of the Right to Life and Personal Liberty and thereby the Golden Triangle itself.

Conclusion

The Enlightenment thinker Immanuel Kant held that an act is ethical only when performed with consent. In this context, forced or involuntary testing violates ethical principles and core human and natural values.

DOWNLOAD PDF