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

Key Highlights of the Supreme Court Ruling

• Overturned Amlesh Kumar v. State of Bihar (2025): The Supreme Court 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).
• 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.
• Voluntary Narco Test Under BNSS: The court clarified that narco-analysis may be voluntarily undertaken during defence evidence under Section 253 of BNSS, but no person has an absolute or indefeasible right to demand such a test.

About Narco-Analysis Test

• Also Known As: The Narco Analysis Test is also known as the Truth Serum Test. 
• Mechanism: It involves the administration of Sodium Pentothal, a barbiturate class of drug, to induce a semi-conscious state that lowers mental inhibitions, thereby increasing the likelihood that the accused may disclose suppressed or concealed information.
• Accuracy: The test is not 100% accurate, and some individuals may still lie even under the drug’s influence.
• Related Tests: Other comparable tests include the Polygraph Test (which measures blood pressure and pulse to detect deception) and the Brain Mapping Test (which studies brain waves).

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.
• Selvi Guidelines 2010: If a narco test is to be conducted, the following rules must be followed:
  • The accused must give Informed Consent.
  • Consent must be given in front of a Magistrate.
  • A lawyer must be present during the test.
  • Adequate medical and legal safeguards must be maintained.

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.

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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 Supreme Court emphasises that the criminal justice system requires scientific investigation without resorting to shortcuts or violating human rights.

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