1. Case Details
- Case Name: Amlesh Kumar vs. The State of Bihar
- Case Number: Criminal Appeal No. __ of 2025 (Arising out of SLP(Crl.) No. 5392 of 2024)
- Citation: 2025 INSC 810
- Court: Supreme Court of India
- Bench: Hon’ble Mr. Justice Sanjay Karol, Hon’ble Mr. Justice Prasanna B. Varale
- Date of Judgment: June 9, 2025
2. Subject Matter
The appeal challenges an order of the Patna High Court which, while hearing a bail application, accepted a submission from the police to conduct a narco-analysis test on the accused. The legality of such a direction and the constitutional validity of narco-analysis tests are the central issues.
3. Brief Facts
- The appellant (husband) was accused of dowry harassment and causing the disappearance of his wife, who remains missing.
- The appellant’s bail application was rejected by the Sessions Court.
- During the hearing of his bail application before the High Court, the police submitted that they would conduct a narco-analysis test on all accused persons.
- The High Court accepted this submission and adjourned the case, effectively endorsing the use of the test as part of the investigation.
- The appellant challenged this specific order of the High Court.
4. Lower Court’s Decision (High Court of Patna)
- The High Court, in an interim order while adjudicating a bail application, accepted the assurance of the police to conduct a narco-analysis test on the accused.
- It did not grant or deny bail but adjourned the matter, directing the police to produce an investigation report, implicitly after conducting the test.
5. Key Legal Principles Discussed by the Supreme Court
- Involuntary Narco-Analysis is Unconstitutional: Citing the landmark three-judge bench decision in Selvi v. State of Karnataka, the Court reaffirmed that compelling an accused to undergo a narco-analysis test is a violation of the fundamental right against self-incrimination (Article 20(3)) and the right to life and personal liberty (Article 21).
- Scope of Bail Jurisdiction: A court hearing a bail application under Section 439 Cr.P.C. should not conduct a “mini-trial” or order specific investigative techniques. Its role is to opine on whether a prima facie case exists and consider established grounds for bail, not to direct the course of the investigation.
- Evidentiary Value of Voluntary Test: The results of a voluntary narco-analysis test are not admissible as direct evidence. Any information subsequently discovered based on the test results may be admissible under Section 27 of the Evidence Act, but this information alone cannot form the sole basis for a conviction.
- No Indefeasible Right to a Narco-Test: An accused does not have an absolute or indefeasible right to demand a narco-analysis test. While an accused can voluntarily offer to undergo one, the court must carefully consider the application, ensure free consent, and see that all procedural safeguards (like those laid down by the NHRC and affirmed in Selvi) are strictly followed before granting permission.
6. Supreme Court’s Reasoning
- The High Court’s order accepting the police’s submission to conduct a narco-analysis test is in direct contravention of the law laid down in Selvi.
- The High Court exceeded its jurisdiction by converting a bail hearing into an inquiry about investigative methods, which is impermissible.
- The Court clarified that even if a test is conducted voluntarily, its report cannot be the sole basis for conviction.
- The Court settled the divergent views of High Courts by holding that an accused cannot claim a narco-test as a matter of right. The court’s permission is necessary and must be granted only after ensuring the voluntariness and procedural safeguards.
7. Final Order
- The appeal is allowed.
- The impugned order of the High Court dated November 9, 2023, is set aside.
- The High Court is directed to decide the appellant’s pending bail application on its own merits and in accordance with the law.