The Supreme Court on June 9 clarified that the accused has the right to voluntarily undergo narco-analysis test, but only at the appropriate stage of the trial and subject to court's approval. The judgment was pronounced by a bench of Justices Sanjay Karol and PB Varale.
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The bench said, "The accused has a right to voluntarily undergo narcoanalysis test at the appropriate stage… However, the accused does not have any unrestricted right to undergo narcoanalysis test." The court said that the appropriate stage for conducting narco-analysis test is when the accused is leading evidence in his defence. However, this right is not absolute and depends on the discretion of the court, which must consider factors such as free consent and appropriate safeguards.
Background of the case
The case arose from a judgment of the Patna High Court during a bail hearing in a dowry death case. While granting bail to other family members, the High Court rejected the bail plea of the husband on the basis of the police's argument that narco-analysis test would be conducted on all the accused.
The appellant argued that the judgment contradicts the 2010 judgment of the Supreme Court in Selvi and others vs State of Karnataka, which held that forced narco-analysis test is violative of Article 21 of the Constitution.
In response, the Supreme Court formulated three key legal questions and appointed senior advocate Gaurav Agrawal as amicus curiae to assist the court.
Key observations of the Supreme Court
- No forced narco-analysis
The court held that the High Court erred in accepting the police’s proposal for narco-analysis at the stage of bail:
“Such an attempt was accepted by the High Court while deciding the application for regular bail under Section 439 CrPC… It does not involve engaging in any kind of investigation or accepting the use of involuntary investigation techniques.”
The bench emphasised that any involuntary administration of narco-analysis violates Articles 20(3) and 21 and is not admissible under the law. Any report obtained from such forced tests is not admissible as evidence.
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- Voluntary narco report not sufficient for conviction
On whether a voluntary narco report can become the sole ground for conviction, the Court ruled:
“The report of a voluntary narco-analysis test… cannot become the sole ground for conviction of an accused person.”
While Section 27 of the Indian Evidence Act allows the admissibility of information discovered during such tests, it must be supported by other evidence.
- No absolute right to narco-analysis
Responding to arguments based on Section 233 CrPC, where the accused can lead evidence in defence, the Court clarified that narco-analysis is not a spontaneous right under this provision.
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The Court disagreed with the decision of the Rajasthan High Court in Sunil Bhatt vs State, stating:
“Undergoing narco-analysis test is not part of the inalienable right to lead evidence… This is repugnant to the decision of this Court in Selvi.”
Therefore, while the accused may apply to undergo voluntary narco-analysis, the final decision lies with the court, which must thoroughly evaluate the circumstances.
Case Details: AMLESH KUMAR v. THE STATE OF BIHAR
