AMLESH KUMAR versus THE STATE OF BIHAR

AMLESH KUMAR versus THE STATE OF BIHAR

The High Court erred in accepting the Investigating Officer's submission to conduct narco-analysis tests of all accused persons during investigation because involuntary administration of such tests is impermissible under Articles 20(3) and 21 (Selvi); voluntary narco-analysis reports are not directly admissible and cannot form the sole basis of conviction without corroborative evidence; an accused has no indefeasible right to undergo narco-analysis and any request must be considered by the court on totality of circumstances with safeguards, with the appropriate stage being when the accused leads evidence in trial.

Parties
Appellant: Amlesh Kumar; Respondent: The State of Bihar; Amicus Curiae: Gaurav Agrawal
Jurisdiction
India
Judgment Date
09 June 2025
Procedural Posture
Criminal Appeal / On Appeal From High Court Order Dated 09.11.2023 in Criminal Misc. No.71293 of 2023 (bail Matter)
Outcome
Appeal allowed; impugned High Court order dated 09.11.2023 set aside.
Legal Topics
Narco Analysis Test, Right Against Self Incrimination, Right to Privacy, Voluntary Testing, Admissibility of Evidence Under Section 27, Bail
Constitutional Law Criminal Procedure Evidence Narco Analysis Test Right Against Self Incrimination Right to Privacy Voluntary Testing Admissibility of Evidence Under Section 27 +1 more

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Parties

Amlesh Kumar

Appellant

The State of Bihar

Respondent

Gaurav Agrawal

Amicus Curiae

Procedural Posture

Criminal Appeal / On Appeal From High Court Order Dated 09.11.2023 in Criminal Misc. No.71293 of 2023 (bail Matter)

Legal Issues

  1. 1 Whether the High Court could accept the Investigating Officer's submission to conduct narco-analysis tests of all accused persons during investigation
  2. 2 Whether a report of a voluntary narco-analysis test can form the sole basis of conviction in the absence of other evidence
  3. 3 Whether an accused has an indefeasible right to voluntarily undergo a narco-analysis test

Ratio Decidendi

The High Court erred in accepting the Investigating Officer's submission to conduct narco-analysis tests of all accused persons during investigation because involuntary administration of such tests is impermissible under Articles 20(3) and 21 (Selvi); voluntary narco-analysis reports are not directly admissible and cannot form the sole basis of conviction without corroborative evidence; an accused has no indefeasible right to undergo narco-analysis and any request must be considered by the court on totality of circumstances with safeguards, with the appropriate stage being when the accused leads evidence in trial.

Court Disposition

Appeal allowed; impugned High Court order dated 09.11.2023 set aside.

Orders

  • Impugned Order dated 9th November 2023 in Criminal Misc. No.71293 of 2023 set aside.
  • Bail application of the appellant, if any, to be decided in accordance with law.