Overview

• The Supreme Court on June 9 set aside a Patna High Court order that had allowed narco-analysis on accused persons without consent during a dowry death bail hearing.
• Justices Sanjay Karol and PB Varale ruled that involuntary narco-analysis tests violate Articles 20(3) and 21 of the Constitution and are inadmissible as evidence.
• The court affirmed that accused individuals may voluntarily undergo narco-analysis only when presenting evidence in their defence and only after courts assess free consent and safeguards.
• Evidence derived from voluntary tests must comply with Section 27 of the Indian Evidence Act to be admissible in criminal proceedings.
• The ruling underscores the need to balance modern investigative methods with constitutional guarantees and directs that the accused’s bail plea be decided solely on its merits.