In Amlesh Kumar v. State of Bihar, 2025 INSC 810, the Hon’ble Supreme Court, while hearing a criminal appeal, sharply criticised the Bihar High Court for permitting involuntary narco-analysis tests and conducting a roving inquiry at the bail stage. The case arose when the Appellant, arrested along with co-accused for allegedly kidnapping, subjecting his wife to cruelty and causing the disappearance (feared dead based on confessional statements of co-accused), sought regular bail. However, the High Court in its impugned order accepted the submission of the Police officer to subject all the accused and witnesses to narco-analysis tests, if required.
The Hon’ble Supreme Court firmly held that neither involuntary narco-analysis nor such unfettered inquiries are permissible under law. Taking this opportunity, the Court addressed two critical questions: whether a voluntary narco-analysis report can be the sole basis for conviction, and whether an accused has the right to seek and undergo such a test. Relying on its earlier precedents, the Court ruled that a voluntary narco-analysis report or information derived from it cannot alone sustain a conviction. Further resolving divergent views across High Courts, the Supreme Court clarified that an accused may indeed request to undergo a voluntary narco-analysis test, but this right is not absolute. Any such application must be examined by the concerned Court in light of the overall circumstances, ensuring free consent and adequate safeguards before authorizing the procedure.
