Bench: Justice Sanjay Karol & Justice PB Varale
Key Holding:
“There is no indefeasible right with the accused to undergo a narco-analysis test. Such an application must be evaluated by the Court after considering the totality of circumstances, including free consent and appropriate safeguards.”
🔍 Observation:
The Court clarified that while an accused may voluntarily opt for a narco-analysis test, it is not a matter of right. The appropriate stage for such a request is when the accused is exercising their right to lead evidence in trial.
📌 Selvi v. State of Karnataka Reiterated:
The Supreme Court disapproved the Rajasthan High Court's earlier view that suggested an accused has a right to undergo narco-analysis, terming it unsustainable and contrary to the Selvi judgment, which had cautioned against the invasive and unreliable nature of such techniques.
⚖️ Significance:
This decision draws a fine balance between the rights of the accused and the integrity of criminal procedure, affirming that even voluntary narco-analysis must meet legal and ethical standards.
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