Forced Narco-Analysis Test Violates Fundamental Rights: Supreme Court Overrules Patna High Court Order

Forced Narco-Analysis Test Violates Fundamental Rights: Supreme Court Overrules Patna High Court Order

  • Case Name: ​​Amlesh Kumar v. State of Bihar

The Supreme Court set aside a Patna High Court order that permitted narco-analysis tests on accused persons without their consent. 

The bench, led by Justices Sanjay Karol and Prasanna B Varale, held that such coercive techniques violate fundamental rights under Articles 20(3) and 21 and cannot be used even at the bail stage.

The Court referred to Selvi v. State of Karnataka (2010), stating forced narco-analysis constitutes testimonial compulsion and is unconstitutional. 

The Court emphasized that even voluntary narco-analysis cannot be the sole basis for conviction and must follow strict safeguards. The Court directed the bail plea to be decided on merit.

Read judgment / 6 months ago

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