SC Invalidates Forced Narco Tests

Why in the News ?

The Supreme Court of India has set aside a Patna High Court order permitting a compulsory narco analysis test in Amlesh Kumar v. State of Bihar (2025). The Court ruled that forced narco tests violate Articles 20(3) and 21, reaffirming earlier constitutional protections upheld in Selvi v. State of Karnataka (2010).

Background & Context

Why Narco Tests Became Controversial in India

Narco analysis, along with polygraph tests and brain mapping, emerged as investigative tools in the early 2000s to solve complex crimes. However, repeated misuse—including coerced testing, custodial pressure, and lack of transparency—raised alarm regarding violations of personal liberty.

The Supreme Court’s landmark Selvi (2010) judgment attempted to regulate these tests by prohibiting involuntary administration. Despite this, some courts and investigating agencies continued to recommend narco tests in difficult criminal cases, which led to judicial confusion.

The Patna High Court’s 2025 order allowing an involuntary test revived concerns of:

• Police overreach
• Judicial inconsistency
• Violation of bodily integrity
• Erosion of due process

The Supreme Court’s fresh ruling clarifies and reinforces the constitutional safeguards governing investigative procedures.

Understanding Narco Analysis in Criminal Investigations

What Is a Narco Test?

A narco test uses sedatives such as Sodium Pentothal (a barbiturate) to:

• Diminish self-control
• Lower mental inhibitions
• Induce a semi-conscious state

Investigators believe that in such a state, the subject may involuntarily reveal concealed information.

Related Techniques

• Polygraph Test – measures physiological responses
• Brain Mapping – records brain activity patterns
• Narco Analysis – lowers cognition using drugs

None of these are considered scientifically foolproof, and all raise concerns of testimonial compulsion.

Why Forced Narco Tests Raise Constitutional Concerns

1. Right Against Self-Incrimination – Article 20(3)

• Protects a person from being compelled to provide testimonial evidence.
• Forced narco tests violate this protection because:
  • They produce oral statements in a chemically induced state.
  • The statements are involuntary, not freely made.
• SC held that any information obtained without free, informed consent is constitutionally invalid.

2. Personal Liberty & Mental Privacy – Article 21

• Article 21 covers bodily autonomy, cognitive freedom, and mental privacy.
• Forced narco analysis:
  • Interferes with mental processes
  • Violates personal liberty
  • Compromises dignity and privacy

The Court also invoked the Golden Triangle—Articles 14, 19 & 21, emphasising that investigative actions must be:

• Fair
• Reasonable
• Non-arbitrary

Judicial Precedents Governing Narco Tests

1. Selvi v. State of Karnataka (2010) — Landmark Ruling

The Supreme Court held that:

• Involuntary narco tests, polygraph tests, and brain mapping are prohibited.
• Consent must be free, informed, voluntary, and recorded before a magistrate.
• Test results have no independent evidentiary value; they must be corroborated.

The Patna HC’s order violated these binding directions, leading to its dismissal.

2. Other Supporting Judgments

Manoj Kumar Saini v. State of MP (2023)

• Narco results cannot confirm guilt.
• Only investigative aids, never standalone proof.

Vinobhai v. State of Kerala (2025)

• Information extracted must be corroborated through independent evidence.
• Reaffirmed Selvi’s principles.

Consent & Ethical Principles in Criminal Justice

Importance of Informed Consent

• Narco tests may be conducted only when the accused voluntarily agrees.
• Even in BNSS (Section 253), while defence may request tests, courts must evaluate necessity.
• There is no absolute right for the accused or prosecution to demand such tests.

Ethical Principles Referenced by SC

Kantian Ethics (Autonomy Principle)

• An act is ethical only if performed with free consent.
• Forced narco analysis violates:
  • Human dignity
  • Physical integrity
  • Free will

Natural Justice

• No procedure affecting liberty can be coercive.
• Ethical policing requires respect for autonomy.

Implications for India’s Criminal Justice System

1. Reinforcing Rights-Based Policing

The judgment strengthens the rule of law and ensures that:

• Investigative convenience cannot override fundamental rights.
• Police must rely on scientific investigation, not coerced techniques.

2. Balancing Victim Rights & Due Process

• While victims seek swift justice, forced techniques may produce unreliable evidence.
• The ruling ensures that due process is not sacrificed.

3. Enhancing Judicial Consistency

• Reaffirms Selvi (2010) as controlling precedent.
• Prevents trial courts and High Courts from deviating.