Supreme Court Declares Forced Narcos Tests Unconstitutional, Strengthens Rights of Accused
Court says involuntary narco-analysis violates self-incrimination and privacy protections under Articles 20 and 21
Judgment reaffirms Selvi precedent; consent and corroboration remain key in criminal investigations
By Our Legal Correspondent
New Delhi: December 13, 2025:
In a landmark judgment, the Supreme Court of India has declared that forced narco-analysis tests are unconstitutional, reinforcing the country’s commitment to protecting fundamental rights. The ruling came in the case of Amlesh Kumar v. State of Bihar (2025), where the Patna High Court had permitted an involuntary narco test. The apex court struck down the order, citing violations of constitutional safeguards against self-incrimination and breaches of personal liberty.
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This decision strengthens India’s criminal justice system by ensuring that investigative efficiency does not override constitutional morality.
What is a Narco Test?
A narco test involves administering sedatives such as Sodium Pentothal, a barbiturate, to suppress an individual’s inhibitions and reasoning ability. The technique is intended to make the subject more likely to reveal concealed information. It is considered a non-violent investigative tool, like polygraph tests and brain mapping.
However, despite its non-violent nature, narco analysis interferes with cognitive autonomy and has long been criticized for violating constitutional rights.
Constitutional Concerns
The Supreme Court highlighted two key constitutional protections:
- Article 20(3): Protection against self-incrimination
- No person accused of an offence can be compelled to provide testimonial evidence against themselves.
- Forced narco tests breach this protection by compelling speech in a drug-induced state.
- Article 21: Right to life and personal liberty
- Includes mental privacy and bodily autonomy.
- Forced narco tests violate personal dignity and autonomy.
The Court reiterated that any investigative procedure must be fair, just, and reasonable, linking this to the Golden Triangle of Articles 14, 19, and 21 established in Maneka Gandhi v. Union of India (1978).
Judicial Precedents
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The ruling builds on earlier judgments:
- Selvi v. State of Karnataka (2010):
- Prohibited involuntary narco tests, polygraph tests, and brain mapping.
- Mandated free, informed consent recorded before a magistrate.
- Stated that test results have no standalone evidentiary value and must be corroborated.
- Manoj Kumar Saini v. State of MP (2023) & Vinobhai v. State of Kerala (2025):
- Reaffirmed that narco test results cannot directly confirm guilt.
- They may only aid investigations and must be supported by independent evidence.
Importance of Consent
The Supreme Court stressed that narco tests can only be conducted with voluntary, informed consent.
- Consent must be recorded before a magistrate.
- Even when requested by the accused, tests cannot be considered conclusive evidence.
- Ethical principles of autonomy and dignity require that no one be forced into such procedures.
Ethical Foundations
The Court referenced Kantian ethics, which emphasize that an act is ethical only when performed with consent. Forced narco analysis violates:
- Human dignity
- Bodily integrity
- Principles of natural justice
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Thus, ethical considerations reinforce the constitutional bar on involuntary tests.
Implications for Criminal Justice
The ruling has significant implications:
- Strengthening rights-based policing: Investigative agencies must respect constitutional safeguards.
- Balancing victims’ and accused rights: While speedy investigations are important, they cannot override fundamental rights.
- Judicial consistency: By reaffirming Selvi and subsequent cases, the Court ensures stability and predictability in criminal jurisprudence.
This judgment sends a clear message: constitutional morality must guide criminal justice, not investigative convenience.
Conclusion
The Supreme Court’s ruling on narco tests is a milestone in protecting civil liberties. By declaring forced narco analysis unconstitutional, the Court has reinforced the principles of self-incrimination protection, personal liberty, and dignity.
For India’s criminal justice system, the message is clear: investigative tools must respect constitutional rights. Narco tests may aid investigations, but only with consent and corroboration.
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