Court Affirms Fundamental Rights, Quashes Lower Court's Orders on Forced Narco Test
Jaipur, March 12, 2026 - In a significant judgment, the Rajasthan High Court, Jaipur Bench, has reaffirmed the constitutional protection against self-incrimination by ruling that an accused can withdraw consent for a Narco Analysis Test before its administration. The judgment delivered by Justice Anoop Kumar Dhand in the case of Subhash Saini v. State of Rajasthan underscores the imperative of free and informed consent for such tests, aligning with the fundamental rights enshrined in the Indian Constitution.
The case arose when the petitioner, Subhash Saini, initially consented to a Narco Analysis Test in connection with an investigation by the Judicial Magistrate, Chirawa, Jhunjhunu. However, Saini later sought to revoke his consent, a request that was denied by the Magistrate's court. Challenging this decision, Saini approached the High Court, arguing that the initial consent was not irrevocable and that forcing the test would infringe on his fundamental rights.
The High Court's ruling emphasized the principles established in the landmark Supreme Court case, Smt. Selvi v. State of Karnataka, which mandates that such tests should not be forcibly conducted without voluntary and informed consent. Justice Dhand noted that conducting a Narco Analysis Test against an individual's will violates Articles 20(3) and 21 of the Constitution, which protect against self-incrimination and ensure the right to life and personal liberty.
The judgment reiterated that while an accused can voluntarily opt for a Narco Analysis Test, they retain the right to withdraw consent at any time before the test is administered. The court quashed the orders of the Judicial Magistrate dated May 18, 2015, and July 9, 2015, which had permitted the test despite Saini's withdrawal of consent.
Justice Dhand also referenced the recent Supreme Court decision in Amlesh Kumar v. State of Bihar, which further clarified the rights of the accused concerning Narco Analysis Tests, underscoring the necessity for free consent and appropriate judicial safeguards.
The ruling is a significant reaffirmation of the constitutional rights of individuals under investigation, ensuring that the principles of fairness and justice are upheld in the criminal justice system. The court's decision to allow the withdrawal of consent reinforces the fundamental principle that no individual should be compelled to provide evidence against themselves, thereby maintaining the integrity of the judicial process.
Bottom Line:
Narco Analysis Test cannot be forcibly conducted on an accused without free and informed consent. Consent given for such a test can be withdrawn prior to its administration.
Statutory provision(s): Article 20(3) of the Constitution of India, Article 21 of the Constitution of India, Section 161(2) of the Code of Criminal Procedure, 1973, Section 53 of the Code of Criminal Procedure, 1973, Section 27 of the Evidence Act, 1872.
Subhash Saini v. State of Rajasthan, (Rajasthan)(Jaipur Bench) : Law Finder Doc id # 2867969
