“Technology is a useful servant but a dangerous master.” – Christian Lous Lange  

INTRODUCTION

In the case of Amesh Kumar v. State of Bihar, the judgment delivered by the Supreme Court of India revisits the much-debated issue of narco-analysis and analyses its constitutional validity. On June 9, 2025, in this case, the Supreme Court of India ruled that an accused person can undergo a narco-test voluntarily. The decision has set aside the decision of the Patna High Court’s interim decision. The Court had accepted the proposal of the Sub-Divisional Police Officer to conduct narco-analysis on the accused persons in the case. 

This blog analyses the stance taken by the court, explains narco-analysis, the history of this test and its constitutional validity from the angle of fundamental rights. 

BACKGROUND OF THE CASE

An FIR was lodged on August 24, 2022, in Bihar for offences under the provisions of the Indian Penal Code, including abduction and dowry harassment. The complainant’s sister had been missing in unusual circumstances and he filed an FIR against the sister’s husband, who is the appellant in this case. 

This case arises from the same FIR. The sub-divisional police officer made a submission to use a narco-test on the accused person and witnesses before the High Court of Patna, to which court had agreed, and an interim decision to conduct the test was given by the court. The appellant had challenged the order based on Selvi and Ors. v. State of Karnataka.

SUPREME COURT’S DIRECTIONS

The following issues were before the court:

1. Whether the High Court was correct in accepting the submission to conduct a narco-analysis test on the accused and the witnesses.
2. Whether a voluntary narco-analysis report can serve as the only basis of conviction.
3. Whether the accused persons have the indefeasible right to undergo narco-analysis voluntarily.

The bench of Justice Sanjay Karol and Justice Prasanna B Varale set aside the Patna High Court’s interim orders. In this context, the bench said, “We have no doubt that the impugned order cannot be sustained and under no circumstances is an involuntary or forced narco-analysis test permissible under law.”

The court held that, “The accused has a right to voluntarily undergo a narcoanalysis 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 narcoanalysis 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.”
For the second issue, the court held that a voluntary narco-analysis report cannot be held as the only basis for conviction, as there is a requirement of discovery of facts based on statements under Section 27 of the Indian Evidence Act. The judgement mentions that accused can apply before court to undergo the narco-analysis test during the trial stage but the court should see the circumstances under which consent has been given before approving the application. 

Therefore, the court allowed the appeal and set aside the High Court of Patna’s impugned decision. 

WHAT IS A NARCO-ANALYSIS TEST

Narco-analysis test is a way of interrogation, in which an accused person of a crime is given a psychoactive drug under controlled circumstances. This drug could be sodium pentothal, scopolamine, or sodium amytal. This drug places the accused in a semi-conscious state, where their reasoning power decreases and they cannot fully understand what statement is good or bad for them. In this way, this test reduces the chances of a person lying, and truthful statements can be extracted from the person. 

However, the responses cannot be considered true in all circumstances as the person who is administered the drug may hallucinate the details or retain consciousness over their statements. It is important to note that narco-analysis tests are not polygraph tests, which are lie detector tests and use the assumption that when a person lies, there is a spike in heart rate. 

Nacro-test does not have strong scientific proof, which is why it is viewed with scepticism. Moreover, the narco-analysis test is questioned on its constitutional validity. 

CONSTITUTIONAL VALIDITY OF NARCO-ANALYSIS TEST

Article 20 (3) of the constitution says, “No person accused of any offence shall be compelled to be a witness against himself.” The validity of the narco-analysis test is questioned on the basis of this Article. The purpose of this article is to ensure that no individual is forced to confess or to provide evidence that can incriminate themselves. 

In the case of Selvi and Ors. v. State of Karnataka, the Supreme Court of India held that nacro-analysis and other similar tests like polygraph tests are violative of Article 20(3) of the Constitution. The reasoning of the court was that if these tests are made mandatory, it is as if the accused is forced to give a testimony against their own self. 

Another article used in this context is Article 21, which states, “No person shall be deprived of his life or personal liberty except according to procedure established by law.” The ambit of this article expands to include the right to mental and physical privacy, dignity and autonomy. The Selvi judgement also discussed that the usage of such tests is violative of Article 21 as it is invasive of one’s mental space. 

The judgment in Amesh Kumar v. State of Bihar case allows narco-test only when it is voluntarily administered by the person undergoing such test and it cannot be the sole basis of conviction. In this way, the judgement allows narco-analysis tests without violating articles 20(3) and 21 of the constitution. 

HISTORY OF NARCO-ANALYSIS TEST IN INDIA

Deception Detection Tests (DDTs) (which include polygraph tests, narco-analysis tests and brain mapping) were allowed to be used before 2010. The Madras High Court’s judgement in the case of Ramchandra Reddy v. Maharashtra (2004) allows the use of these tests. The reasoning was that these tests help in the solving of heinous crimes such as terrorism. But even during this time, the self-incriminating statements could not be used as direct evidence. 

In 2010, in the landmark judgement of Selvi and Ors. v. State of Karnataka, the Supreme Court held that the involuntary use of these tests is violative of Articles 20(3) and 21. 

The 2025 judgement of Amesh Kumar v. State of Bihar allows the court to grant permission to use these tests if the person on whom the test is to be administered gives their voluntary consent. 

CONCLUSION

The court’s judgement in Amesh Kumar v. State of Bihar provides important answers on the validity of narco-analysis tests. The court has held that the test may be administered with the voluntary consent of the person undergoing the test. This stand keeps in mind the constitutional safeguards given to individuals and does not violate the same. Earlier, in the judgement of Selvi and Ors. v. State of Karnataka had strictly considered such tests violative of the constitution and ruled against the same. 

Despite this judgement, as the usage and validity of the narco-analysis and other related tests are debated, it is important to exercise caution. As the judgement mentioned, one has to be conscious of the circumstances in which the accused has signified willingness. It is good to use the latest scientific technologies, but law should always be cautious of the same, as Christian Lange said, “Technology is a useful servant but a dangerous master.”

AUTHOR: SARGUN SINGH

REFERENCES

Statutes:

1. Indian Evidence Act; Section 27. 
2. The Constitution of India, Articles 20(3), 21. 

Cases referred: 

1. Amesh Kumar v. State of Bihar, AIR 2025, INSC 810. 
2. Ramchandra Reddy v. Maharashtra (2004) 
3. Selvi and Ors. v. State of Karnataka, (2010) 7 SCC 263. 

Websites: 

1. Gursimran Kaur Bakshi, Accused Has Right To Voluntarily Undergo Narco-Analysis Test Subject To Court’s Permission: Supreme Court, Live Law, June 9, 2025. (Available at: https://www.livelaw.in/top-stories/accused-has-right-to-voluntarily-undergo-narco-analysis-test-subject-to-courts-permission-supreme-court-294577) 
2. Unknown, Forced narcos-analysis test on accused not permissible under law: SC, Press Trsust of India, June 9, 2025. (Available at: https://www.ptinews.com/story/national/Forced-narco-analysis-test-on-accused-not-permissible-under-law–SC/2631650) 
3. Debayan Roy, Supreme Court strikes down forced narco-analysis test order passed by Patna High Court, Bar and Bench, June 9, 2025. (Available at: https://www.barandbench.com/news/supreme-court-strikes-down-forced-narco-analysis-test-order-passed-by-patna-high-court) 
4. Dhananjay Mahapatra, Accused can’t seek narco test to prove innocence: SC, Times of India, September 9, 2017. (Available at: https://timesofindia.indiatimes.com/india/accused-cant-seek-narco-test-to-prove-innocence-sc/articleshow/60432928) 
5. Pragya Sharma, Legal Admissibility of Narco Analysis And Polygraph Test In India, Legal Service India. (Available at: https://www.legalserviceindia.com/legal/article-1322-legal-admissibility-of-narco-analysis-and-polygraph-test-in-india.html)
6. Priyal Jain, Balancing Rights and Justice: the constitutionality of Psycho-Analysis Tests, CLS National Law University, Odisha, September 20, 2024. (Available at: https://clsnluo.com/2024/09/20/balancing-rights-and-justice-the-constitutionality-of-psycho-analysis-tests)  
7. Unknown, What is basic concept of Narco analysis test? How Supreme Court has dealt it in the judgment of Selvi V State of Karnataka?, Law Web, June 30, 2024. (Available at: https://www.lawweb.in/2024/06/what-is-basic-concept-of-narco-analysis.html) 
8. Unknown, Narco-analysis, brain-mapping illegal: SC, Live Mint, May 5, 2010. (Available at: https://www.livemint.com/Politics/RnwMlTXp5PWCDya5D8ANwO/Narcoanalysis-brainmapping-illegal-SC.html) 
9. Unknown, ADMISSIBILITY OF NARCO-ANALYSIS, POLYGRAPH TEST AND BRAIN MAPPING IN INDIA, JusCorpus Law Journal Blogs, January 13, 2022. (Available at: https://www.juscorpus.com/admissibility-of-narco-analysis-polygraph-test-and-brain-mapping-in-india/) 
10. Riya Rathore, Supreme Court: No Indefeasible Right With Accused To Undergo Narco-Analysis Test; But Can Apply To Court, Verdictum: The dictum of truth, June 10, 2025. (Available at: https://www.verdictum.in/court-updates/supreme-court/accused-has-a-right-to-voluntarily-undergo-a-narcoanalysis-test-2025-insc-810-amlesh-kumar-v-state-of-bihar-1580476)