The Supreme Court set aside the Patna High Court order allowing involuntary narco tests in Amlesh Kumar v. State of Bihar (2025).
Narco tests involve sedating an accused using drugs such as Sodium Pentothal to extract information, similar to polygraphs or brain mapping.
The Forced narco tests violate Article 20(3) of the Constitution, which protects individuals against self-incrimination.
Conducting narco tests without consent also breaches Article 21 (Right to Life and Personal Liberty) and the Right to Privacy, forming part of the constitutional “Golden Triangle” with Articles 14 and 19.
The Courts have held that narco test results cannot confirm guilt and must be corroborated with other evidence.
Narco tests may only be conducted voluntarily, with informed consent recorded before a magistrate and with medical, legal, and procedural safeguards in place.