The SC in Amlesh Kumar v State Of Bihar ruled that an accused person can choose to take a narco-analysis test, but only at the right time during trial.
- Narco-Analysis involves administering barbiturates or other chemicals, often sodium pentothal, to lower a person's inhibitions with the aim of encouraging them to reveal information and emotions more freely.
- The SC in this judgement overturned Patna High Court's order that allowed police to conduct narco-analysis tests on all accused in a dowry harassment case involving a missing woman.
Key Highlights of SC judgement
- It was wrong to accept submission for conducting narco-analysis on all accused persons as involuntary tests violates:
- Articles 20(3) (right against self-incrimination).
- Article 21 (right to life and personal liberty) of the Constitution (as established in Selvi v. State of Karnataka).
- Voluntary narco-analysis reports cannot be directly admitted as evidence. Conviction cannot be based solely on such information without supporting evidence (Vinobhai v. State of Kerala and Manoj Kumar Soni v. State of M.P. cases).
- The accused can voluntarily undergo narco-analysis but only while presenting own evidence and he does not have absolute/indefeasible right for the same.
