Supreme Court Reinforces Limits on Narco-Analysis
Context
The Supreme Court has held that any forced or involuntary narco test is unconstitutional and invalid, striking down the Patna High Court’s order in Amlesh Kumar v. State of Bihar (2025) for violating the Selvi v. State of Karnataka (2010) guidelines.
Recent Legal Intervention of the Supreme Court
The SC ruled that the Patna High Court’s decision permitting a narco test was contrary to the binding directions laid down in Selvi (2010), which prohibit such tests without free and voluntary consent.
Meaning and Procedure of a Narco Test
A narco test involves sedating an accused with substances like Sodium Pentothal to retrieve concealed facts by lowering inhibitions and reasoning capacity. It is considered a non-violent investigative technique similar to polygraph and brain-mapping.
Constitutional Concerns and Article 20
Article 20(3) prohibits self-incrimination, meaning no accused can be compelled to give evidence against themselves. The SC reiterated that any non-consensual narco test is unconstitutional and its results cannot be used as evidence.
Article 20(1) protects against ex-post facto laws, and Article 20(2) protects against double jeopardy, forming a core part of India’s criminal justice system.
Article 21 and Right to Privacy
Article 21 ensures personal liberty and the Right to Privacy, making involuntary narco tests a violation of fundamental rights. Along with Articles 14 and 19, it forms the Golden Triangle, mandating that legal procedures must be fair, just and reasonable.
Evidentiary Value and Consent Requirements
The SC in Manoj Kumar Saini v. State of MP (2023) and Vinobhai v. State of Kerala (2025) clarified that narco tests cannot confirm guilt and require corroboration.
Consent must be informed, recorded before a magistrate, and accompanied by medical, legal and procedural safeguards. Voluntary narco-analysis may be undertaken during defence evidence under Section 253 of BNSS, but there is no right to demand it.
Conclusion
The judgment reinforces individual autonomy, privacy, and constitutional protections. It underscores that investigative methods must respect democratic values and adhere to the principles of free and informed consent.
Source : The Hindu