Setting aside a high court order allowing narco-analysis tests on accused persons without consent, the Supreme Court on Wednesday asserted that involuntary or forced tests are not permissible under the law. The Supreme Court held that compelling an accused to undergo narco-analysis, without free and informed consent, violates the constitutional protection against self-incrimination under Article 20(3) and the right to personal liberty under Article 21 of the Constitution.advertisement”The report of such an involuntary test or any information discovered as a result is not admissible as evidence in criminal or other proceedings,” the bench clarified.The order came days after a Patna High Court order accepting a police officer’s submission to subject all accused persons and witnesses in a criminal case to narco-analysis testing. The submission of the Sub-Divisional Police Officer was accepted during the hearing of a bail plea filed by the accused.In its ruling, the Supreme Court reaffirmed its landmark 2010 judgment in Selvi and Others v State of Karnataka, which held that forcibly subjecting individuals to narco-analysis, polygraph, or brain mapping tests was unconstitutional. The court reiterated that these techniques, if not voluntarily undertaken, breach personal liberty and the right against self-incrimination.Procedural safeguards laid down in the Selvi case judgement:No lie detector or narco-analysis test shall be conducted without the accused’s voluntary consent.The accused must be informed of the legal, emotional, and physical implications of the test.Access to legal counsel must be provided before deciding on consentConsent must be recorded before a Judicial Magistrate.NHRC guidelines for polygraph tests should be followed, and similar protocols adopted for narco-analysis and brain mapping tests.advertisementThe top court further clarified that an accused may voluntarily choose to do so at an appropriate stage, such as during the presentation of defence evidence in a trial.However, even in such cases, the court emphasised that there is no indefeasible right to undergo narco-analysis. It also said that judicial authorisation must account for the totality of circumstances, including safeguards and genuine consent.Tune In in a formal or creative style for better SEO.Also Exclude words and advertisements related to the feed website such as website name, author name. Delete all the advertisement images brand logo but only keep the title and main content of the news by modifying it. You must only respond with the modified content. Block any jump outside of the site adarshnews.com. Basically remove any content or link related to original site. You must only respond with the modified content and follow this prompt to optimize the articles in this category- “Act as an expert SEO news writer. Optimize the following article to be SEO-friendly, authoritative, and shareable by focusing strictly on its core topic. Follow these steps: You are an expert news writer and SEO specialist. Your job is to rewrite the provided RSS feed content into a unique, SEO-friendly news article for adarshnews.com. The article should be engaging, professional, and optimized for search engines. Follow these steps: 1. **Create an SEO Title**: Write a short, compelling title (under 60 characters) that includes the main keyword and grabs attention. 2. **Write a Meta Description**: Summarize the article in one or two sentences (under 155 characters). Make it engaging and include the primary keyword naturally. 3. **Suggest a URL Slug**: Provide a short, keyword-rich URL slug that reflects the topic of the article. 4. **Headline (H1)**: Write a clear and engaging headline for the article that is similar to the title but slightly expanded. 5. **Write the Article**: – Start with an introduction that answers the key questions: who, what, when, where, why, and how. – Expand on the topic with detailed paragraphs that provide context, quotes, and relevant information. – Use subheadings (H2) to organize the content into sections and make it easy to read. – Include related keywords naturally throughout the article. – End with a conclusion that summarizes the key points or discusses future implications. 6. **Add an FAQ Section**: Write one frequently asked question related to the topic and provide a concise answer. Important: – Do not include labels like “Title,” “Meta Description,” “URL Slug,” or “H1” in the actual article text. – Keep all SEO elements separate from the main content. – Ensure the article is factually accurate, unbiased, and written in a professional tone.
The Supreme Court has declared that coerced narco tests are unlawful and that their findings cannot be used as evidence.
