What did the Supreme Court rule?
- The Supreme Court held that forced or involuntary narco tests are unconstitutional.
- It set aside the Patna High Court order (Amlesh Kumar v. State of Bihar, 2025) allowing an involuntary narco test.
- Reason: It violated the guidelines laid down in Selvi v. State of Karnataka (2010).
What is a narco test?
- An investigative procedure using sedatives like Sodium Pentothal (a barbiturate).
- Reduces a subject’s inhibitions and reasoning ability.
- Considered non-violent, similar to polygraph or brain mapping.
Why is it constitutionally problematic?
1. Article 20(3): Protection against self-incrimination
- No accused can be compelled to be a witness against themselves.
- Narco tests without consent = compulsion, hence unconstitutional.
2. Article 21: Right to Life & Personal Liberty
- Includes Right to Privacy (as per Maneka Gandhi case).
- Forced narco tests violate privacy and bodily autonomy.
3. Golden Triangle (Articles 14, 19, 21)
- Violation of privacy affects liberty and fairness, thus breaching the Golden Triangle.
Evidentiary Value
- Cases: Manoj Kumar Saini (2023) and Vinobhai (2025).
- Narco test results:
- Cannot confirm guilt.
- Information can aid investigation but must be corroborated with other evidence.
- Consent must be informed, recorded before a Magistrate, with medical & legal safeguards.
Consent Rules
- Must be voluntary, informed, recorded before a magistrate.
- Accused may volunteer for the test at defence stage (Section 253 BNSS).
- But no absolute right to demand narco analysis.
Ethical Principles
- Based on individual autonomy.
- In Kantian ethics, only acts done with free consent are ethical.
- Forced narco tests violate human dignity and natural justice.
More Crisp notes own notes.
Supreme Court has given a judgement to brink back the women who was pregnant and deported to Bangladesh. She was forced to do Narco test which is against the constitution.
According to Supreme Court Narco test cannot be done forcefully as it requires a prior consent for it according to Article 20(3). Narco test is a process of giving drug to the person which blocks that persons reasoning capability.
The convict person can use it for proving him on last stage.
According to Kantian ethics without consent anything is unethical.
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