AMLESH KUMAR versus THE STATE OF BIHAR

Citation: [2025] 7 S.C.R. 394 · Decided: 09-06-2025 · Supreme Court of India · Bench: SANJAY KAROL · Disposal: Appeal(s) allowed

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Judgment (excerpt)

[2025] 7 S.C.R. 394 : 2025 INSC 810
Amlesh Kumar 
v. 
The State of Bihar
(Criminal Appeal No. 2901 of 2025)
09 June 2025
[Sanjay Karol* and Prasanna B. Varale, JJ.]
Issue for Consideration
Whether in the attending facts and circumstances, the High 
Court could have accepted a submission of the Sub-Divisional 
Police Officer, to conduct narco-analysis test of all the accused 
persons (including the appellant) and other witnesses, during 
the investigation; whether a report of a voluntary narco-analysis 
test can form the sole basis of conviction in the absence of other 
evidence on record; whether an accused can voluntarily seek a 
narco-analysis test, as a matter of an indefeasible right.
Headnotes†
Constitution of India – Art.20(3) and Art.21 – Code of Criminal 
Procedure, 1973 – s.439 – The High Court accepted the 
submission of the Sub-Divisional Police Officer, Mahua, that 
she would conduct narco-analysis test of all the accused 
persons (including the appellant herein) and other witnesses, 
during the investigation – Correctness:
Held: There was no reason for the High Court to accept a 
submission by the Investigating Officer, stating that they will 
conduct a narco-analysis test of all the accused persons – Such 
a submission and its acceptance, is in direct contravention to the 
judgment of this Court in Selvi, being hit by the protections u/
Arts.20(3) and 21 of the Constitution – Moreover, it is settled law 
that while entertaining an application for grant of bail, the Court 
has to take into consideration the allegations against the accused; 
period of custody undergone; nature of evidence and the crime 
in question; likelihood of influencing witnesses and other such 
relevant grounds – It does not involve entering into a roving enquiry 
or accepting the use of involuntary investigative techniques  – 
Therefore, the High Court has erred in accepting a submission 
to carry out a narco-analysis test of all accused persons by the 
Investigating Officer. [Paras 10, 11, 13]
* Author
[2025] 7 S.C.R. 
395
Amlesh Kumar v. The State of Bihar
Evidence, 1872 – s.27 – Whether a report of a voluntary 
narco-analysis test can form the sole basis of conviction in 
the absence of other evidence on record:
Held: This Court in Selvi had considered voluntary narco-analysis 
tests and opined that the reports thereof cannot be admitted directly 
into evidence – Information that is discovered, as a consequence 
thereof, can be admitted with the aid of s.27 of the Evidence Act, 
1872 – It is settled that in the absence of supporting evidence, a 
conviction cannot be based solely on such information – Therefore, 
a report of a voluntary narco analysis test with adequate safeguards 
as well in place, or information found as a result thereof, cannot form 
the sole basis of conviction of an accused person. [Paras 14, 15, 16]
Evidence – Voluntary narco-analysis test – Whether an accused 
can voluntarily seek a narco analysis test, as a matter of an 
indefeasible right:
Held: The accused has a right to voluntarily undergo a narco-
analysis test at an appropriate stage – The appropriate stage for 
such a test to be conducted is when the accused is exercising his 
right to lead evidence in a trial – However, there is no indefeasible 
right with the accused to undergo a narco-analysis test, for upon 
receipt of such an application the concerned Court, must consider 
the totality of circumstances surrounding the matter, such as free 
consent, appropriate safeguards etc., authorizing a person to 
undergo a voluntary narco-analysis test. [Para 21]
Case Law Cited
Selvi and Ors. v. State of Karnataka [2010] 5 SCR 381 : (2010) 
7 SCC 263; Sangitaben Shaileshbhai Datana v. State of Gujarat 
(2019) 14 SCC 522; Vinobhai v. State of Kerela, 2025 SCC Online 
SC 178; Manoj Kumar Soni v. State of M.P., 2023 SCC OnLine 
SC 984 – relied on.
Rajesh Talwar v. CBI, 2013 SCC Online All 5533; Dominic Luis v. 
State, 2014 SCC Online Bom 452; Mohd. Samir v. State, 2017 
SCC Online Bom 19; Ashwini Kumar Upadhyay v. Union of India, 
2023 SCC Online Del 3816; Louis v. State of Kerala, 2021 SCC 
Online Ker 4519; State of Gujarat v. Sanjay Kumar Kanchanlal 
Desai, 2014 SCC Online Guj 6150; Navjeet Kaur v. State of 
Punjab, 2015 SCC Online P&H 15351 – referred to.
396
[2025] 7 S.C.R.
Supreme Court Reports
Books and Periodicals Cited
B R Sharma, Forensic Science in Criminal Investigation & Trials, 
Sixth Edition, 2020 – Paragraph 32.1.1
List of Acts
Constitution o

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