SC Rules Narco-Analysis Without Consent Unconstitutional In Amlesh Kumar v State Of Bihar (2025)

PWOnlyIAS

June 10, 2025

SC Rules Narco-Analysis Without Consent Unconstitutional In Amlesh Kumar v State Of Bihar (2025)

The Supreme Court in Amlesh Kumar v State Of Bihar (2025) ruled that a narco-analysis test cannot be conducted on an accused person without their consent, and the results of such tests cannot form the sole basis for conviction in a criminal case.

  • The  SC  set aside  a 2023 Patna High Court order that permitted involuntary narco-analysis tests on accused and witnesses in a dowry-related case. 
  • The ruling reinforces constitutional protections under Articles 20(3) and 21.

Key Highlights of the Judgement

  • Consent is Mandatory: 
    • Narco-analysis tests cannot be conducted without consent of the subject.
  • Violation of Fundamental Rights:
    • Involuntary tests violate Article 20(3) (Right against self-incrimination) and Article 21 (Right to personal liberty).
  • Invalidates Patna HC Order:
    • The 2023 Patna High Court’s approval of such tests was unconstitutional and contrary to the 2010 Selvi vs State of Karnataka ruling.
      • Precedent Case: Selvi v. State of Karnataka (2010) held that involuntary use of narco, polygraph, and brain mapping tests violates fundamental rights.
  • Privacy Infringement:
    • Forced narco tests breach the right to privacy and represent disproportionate police action.
  • Evidentiary Value:
    • Even voluntary narco-analysis tests cannot be the sole basis for conviction.
  • Reiterated Constitutional Supremacy:
    • Articles 20 and 21 are non-derogable; the judiciary cannot create exceptions.

About Narco-Analysis Test

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

PWOnlyIAS Extra-Edge

Article 20(3): Protection Against Self-Incrimination

  • “No person accused of any offence shall be compelled to be a witness against himself.”
  • Applicable only to accused persons in criminal cases.
  • Reinforced in Selvi v. State of Karnataka (2010): Involuntary narco-analysis, polygraph, and brain mapping violate Article 20(3).

Article 21: Protection of Life and Personal Liberty

  • “No person shall be deprived of his life or personal liberty except according to procedure established by law.”
  • Broadly interpreted to include right to privacy, right to dignity, and bodily autonomy, etc.
  • Reinforced in Maneka Gandhi case, 1978:  Any deprivation of liberty must follow just, fair, and reasonable procedure.
  • Coercive techniques like forced narco-analysis infringe on mental autonomy and personal liberty.

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Quick Revise Now !
UDAAN PRELIMS WALLAH
Comprehensive coverage with a concise format
Integration of PYQ within the booklet
Designed as per recent trends of Prelims questions
हिंदी में भी उपलब्ध

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