LegalFirms.in
LegalFirms.in Judgments · legalfirms.in/judgments/amlesh-kumar-vs-the-state-of-bihar-20250609/ · Printed 07 Nov 2026
Criminal · Reportable judgment

Amlesh Kumar vs The State of Bihar

Court
Supreme Court of India
Date
9 June 2025
Case No.
Criminal Appeal No. 2901 of 2025
Result
Allowed
Bench
Sanjay Karol, Prasanna Bhalachandra Varale
Citation
[2025] 7 S.C.R. 394 : 2025 INSC 810
Acts & Sections
Constitution CrPC Evidence Act
Supreme Court Reports [2025] 7 S.C.R. 394 : 2025 INSC 810
Issue for consideration
Whether in the attending facts and circumstances, the High Court could have accepted a submission of the Sub-Divisional Police Officer, to conduct narco-analysis test of all the accused persons (including the appellant) and other witnesses, during the investigation; whether a report of a voluntary narco-analysis test can form the sole basis of conviction in the absence of other evidence on record; whether an accused can voluntarily seek a narco-analysis test, as a matter of an indefeasible right.
Headnote

Constitution of India – Art.20(3) and Art.21 – Code of Criminal Procedure, 1973 – s.439 – The High Court accepted the submission of the Sub-Divisional Police Officer, Mahua, that she would conduct narco-analysis test of all the accused persons (including the appellant herein) and other witnesses, during the investigation – Correctness:

Held: There was no reason for the High Court to accept a submission by the Investigating Officer, stating that they will conduct a narco-analysis test of all the accused persons – Such a submission and its acceptance, is in direct contravention to the judgment of this Court in Selvi, being hit by the protections u/Arts.20(3) and 21 of the Constitution – Moreover, it is settled law that while entertaining an application for grant of bail, the Court has to take into consideration the allegations against the accused; period of custody undergone; nature of evidence and the crime in question; likelihood of influencing witnesses and other such relevant grounds – It does not involve entering into a roving enquiry or accepting the use of involuntary investigative techniques – Therefore, the High Court has erred in accepting a submission to carry out a narco-analysis test of all accused persons by the Investigating Officer. [Paras 10, 11, 13]

Evidence, 1872 – s.27 – Whether a report of a voluntary narco-analysis test can form the sole basis of conviction in the absence of other evidence on record:

Held: This Court in Selvi had considered voluntary narco-analysis tests and opined that the reports thereof cannot be admitted directly into evidence – Information that is discovered, as a consequence thereof, can be admitted with the aid of s.27 of the Evidence Act, 1872 – It is settled that in the absence of supporting evidence, a conviction cannot be based solely on such information – Therefore, a report of a voluntary narco analysis test with adequate safeguards as well in place, or information found as a result thereof, cannot form the sole basis of conviction of an accused person. [Paras 14, 15, 16] Evidence – Voluntary narco-analysis test – Whether an accused can voluntarily seek a narco analysis test, as a matter of an indefeasible right:

Read the full headnote (1 more paragraph)

Held: The accused has a right to voluntarily undergo a narcoanalysis test at an appropriate stage – The appropriate stage for such a test to be conducted is when the accused is exercising his right to lead evidence in a trial – However, there is no indefeasible right with the accused to undergo a narco-analysis test, for upon receipt of such an application the concerned Court, must consider the totality of circumstances surrounding the matter, such as free consent, appropriate safeguards etc., authorizing a person to undergo a voluntary narco-analysis test. [Para 21]

Keywords: Narco-analysis test · Forced or involuntary narco-analysis test · Regular bail · Right against self-incrimination · Right to privacy · Indefeasible right · Article 20(3) of the Constitution of India

As published in the Supreme Court Reports, Supreme Court of India. Headnotes prepared by: Ankit Gyan. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.

Full Judgment Text

Judgment Sanjay Karol, J. Leave Granted. 2. The present Appeal arises from the impugned Order dated 9th November 2023 passed in Criminal Miscellaneous No.71293 of 2023 by the High Court of Judicature at Patna, whereby the Court accepted the submission of the Sub-Divisional Police Officer, Mahua, that she would conduct narco-analysis test of all the accused persons (including the Appellant herein) and other witnesses, during the investigation. 3. Aggrieved thereof, the Appellant is before us. The significant ground of challenge taken is that the acceptance of such a submission by the High C
Full text available to subscribers
Subscribe to access complete judgment text, daily digests, and AI-powered legal research tools. For informational and research purposes only.
View Subscription Plans →
Annual plans from ₹1,599 + GST.

This page is for informational and research purposes only and does not constitute legal advice. Consult a qualified advocate for advice specific to your situation.

All SC judgments →