The Supreme Court held that an accused person does not have an indefeasible right to seek a narco-analysis test to lead the evidence. The decision brings clarity to the law following several conflicting High Court judgements on the issue.
The Patna High Court had allowed narco-analysis tests for all the accused persons in a dowry harassment and kidnapping case. The High Court was hearing a plea for the grant of regular bail by the accused persons.
The Supreme Court noted that the High Court had exceeded the scope of a bail hearing by approving a narco-analysis test. Further, they reiterated Selvi v State of Karnataka (2010), where the Court had held that a narco-analysis test cannot form the sole basis of conviction.
Amlesh Kumar v The State of Bihar
9 June 2025
Citations: 2025 INSC 810 | 2025 SCO.LR 6(2)[10]
Bench: Justices Sanjay Karol and P.B. Varale
Read the Judgement here.
Case Comment
Held, The accused has a right to voluntarily undergo a narco- analysis test at an appropriate stage. We deem it appropriate to add, that the appropriate stage for such a test to be conducted is when the accused is exercising his right to lead evidence in a trial. However, there is no indefeasible right with the accused to undergo a narco- analysis test, for upon receipt of such an application the concerned Court, must consider the totality of circumstances surrounding the matter, such as free consent, appropriate safeguards etc., authorizing a person to undergo a voluntary narco-analysis test.
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Key words/phrases: Narco-analysis test—Patna High Court approved test in bail hearing—Supreme Court set aside HC Order—Held that narco test cannot be sole basis for conviction—no absolute right of accused to seek narco test