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Supreme Court of India 2025-06-09 allowed

Amlesh Kumar vs State of Bihar

Bench: 2 — Sanjay Karol, Prasanna B. Varale

In Brief

The Supreme Court struck down a High Court order permitting involuntary narco-analysis tests on accused persons in a bail hearing concerning a woman's alleged disappearance. The Court held that such tests violate fundamental rights under Articles 20(3) (right against self-incrimination) and 21 (personal liberty) of the Constitution. While voluntary narco-analysis may be permitted with strict safeguards and informed consent before a Judicial Magistrate, test results cannot form the sole basis of conviction. The Court emphasized that bail courts cannot order invasive investigative techniques, and clarified that accused persons have no indefeasible right to undergo such tests. The Court set aside the High Court's order and remitted the bail application for consideration on merits.

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Constitutional Law Fundamental Rights Criminal Procedure Bail Right Against Self-Incrimination Narco-Analysis Evidence

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