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.

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