2025 Supreme(SC) 950

SUPREME COURT OF INDIA
SANJAY KAROL, PRASANNA B. VARALE, JJ.
Amlesh Kumar – Appellant
Versus
The State of Bihar – Respondent
Criminal Appeal No. of 2025 (Arising out of SLP(Crl.) No. 5392 of 2024)
Decided On : 09-06-2025

IMPORTANT POINTS
(1) Narco-analysis test – Forceful subjection of an individual to techniques, such as narco-analysis test, violates personal liberty enshrined under Article 21 of Constitution of India – While need for modern investigative techniques may be true, such investigative techniques cannot be conducted at cost of constitutional guarantees under Articles 20(3) and 21.
(2) Bail application does not involve entering into a roving enquiry or accepting use of involuntary investigative techniques.
(3) Disclosure Statement – In absence of supporting evidence, conviction cannot be based solely on such information.
(4) There is no indefeasible right with accused to undergo a narco-analysis test.

Headnote:

(A) Criminal Procedure Code, 1973 – Section 173 [Section 193 of BNSS, 2023] – Indian Evidence Act, 1872 – Section 27 – Constitution of India – Articles 20(3) and 21 – Narco-analysis test – Forceful subjection of an individual to techniques, such as narco-analysis test, violates personal liberty enshrined under Article 21 of Constitution of India – While need for modern investigative techniques may be true, such investigative techniques cannot be conducted at cost of constitutional guarantees under Articles 20(3) and 21 – Drug used for this test is Sodium Pentothal, which is also used in higher dosages for inducing general anaesthesia in surgeries – It cannot be said that undergoing a narco-analysis test is part of indefeasible right to lead evidence, given its suspect nature – Under no circumstances, is an involuntary or forced narco-analysis test permissible under law – Report of such involuntary test or information that is discovered subsequently is also not per se admissible as evidence in criminal or other proceedings – Information that is discovered as a consequence thereof, can be admitted with aid of Section 27 of Indian Evidence Act, 1872. (Paras 3, 7, 8, 9, 12, 14 and 20)

(B) Criminal Procedure Code, 1973 – Section 439 [Section 483 of BNSS, 2023] – Bail application – Scope and ambit – While entertaining application for grant of bail, Court has to take into consideration allegations against accused; period of custody undergone; nature of evidence and crime in question; likelihood of influencing witnesses and other such relevant grounds – It does not involve entering into a roving enquiry or accepting use of involuntary investigative techniques – High Court has erred in accepting submission to carry out a narco-analysis test of all accused persons by Investigating Officer – Impugned Order cannot be sustained and hereby set aside. (Paras 11, 13 and 23)

(C) Indian Evidence Act, 1872 – Section 27 – Constitution of India – Articles 20(3) and 21 – Disclosure Statement – Evidentiary value – In absence of supporting evidence, conviction cannot be based solely on such information – Report of a voluntary narco-analysis test with adequate safeguards as well in place, or information found as a result thereof, cannot form sole basis of conviction of an accused person. (Paras 15 and 16)

(D) Indian Evidence Act, 1872 – Section 27 – Constitution of India – Articles 20(3) and 21 – Narco-analysis test – Accused has right to voluntarily undergo a narco-analysis test at an appropriate stage – Appropriate stage for such a test to be conducted is when accused is exercising his right to lead evidence in a trial – However, there is no indefeasible right with accused to undergo a narco-analysis test, for upon receipt of such application concerned Court, must consider totality of circumstances surrounding the matter, such as free consent, appropriate safeguards etc., authorizing a person to undergo a voluntary narco-analysis test. (Para 21)

Facts of the case:

Present Appeal arises from impugned Order dated 9th November 2023 passed in Criminal Miscellaneous No.71293 of 2023 by High Court of Judicature at Patna, whereby Court accepted submission of Sub-Divisional Police Officer, Mahua, that she would conduct narco-analysis test of all accused persons (including Appellant) and other witnesses, during investigation.

Issues which arise for consideration of this Court are: –

(i) Whether a report of a voluntary narco-analysis test can form sole basis of conviction in absence of other evidence on record.

(ii) Whether accused can voluntarily seek narco-analysis test, as a matter of indefeasible right.

Findings of Court:

Bail application of the Appellant, pending if any, to be decided in accordance with law.

Result : Appeal allowed.