The Supreme Court held that there is no indefeasible right with the accused to undergo a narcoanalysis test.
The court has also held that, “The accused has a right to voluntarily undergo a narcoanalysis test at an appropriate stage”.
This judgement overturned the Patna High Court's order that allowed the police to conduct narco-analysis tests on all accused in a dowry harassment case involving a missing woman.
In 2010, the Supreme Court in Selvi v. State of Karnataka case, held that forceful subjection of an individual to the techniques, such as the narco-analysis test, violates the personal liberty enshrined under Articles 20(3) and Article 21 of the Constitution.
Narco-Analysis involves administering the barbiturates or other chemicals, often sodium pentothal.
Voluntary narco-analysis reports cannot be directly admitted as evidence.