Court mandates voluntary consent for narco-analysis and similar forensic tests, emphasizing constitutional safeguards.
In a significant ruling, the Chhattisgarh High Court, presided over by Chief Justice Ramesh Sinha and Justice Ravindra Kumar Agrawal, has reinforced the protection of individual rights against coercive investigative techniques. The court addressed the case of Laxminarayan Patel and others who alleged coercive practices by the police in the ongoing investigation of Crime No. 61/2026 at the Chakradharnagar Police Station, District Raigarh. The petitioners contended that they were subjected to undue harassment, including being coerced into undergoing narco-analysis, polygraph, and brain mapping tests without their consent.
The court unequivocally held that such tests constitute "testimonial compulsion" and violate the fundamental rights guaranteed under Articles 20(3) and 21 of the Indian Constitution, which protect against self-incrimination and ensure personal liberty, respectively. The judges referred to the Supreme Court's judgment in Selvi v. State of Karnataka, emphasizing that these invasive techniques can only be conducted with the individual's voluntary, informed, and unequivocal consent, recorded before a Judicial Magistrate.
Additionally, the court criticized the police for summoning the petitioners repeatedly without statutory notice, detaining them coercively, and seizing their mobile phones without due process. It was highlighted that such actions contravene the Bharatiya Nagarik Suraksha Sanhita, 2023, making them arbitrary and illegal.
The court's decision mandates investigative agencies to adhere to established legal procedures and constitutional safeguards, thereby preventing any form of involuntary forensic diagnostic techniques. This judgment not only reinforces the constitutional rights of individuals but also serves as a crucial reminder for law enforcement agencies to uphold due process and respect for personal liberties.
Bottom line:-
Investigative agencies cannot compel individuals to undergo narco-analysis, polygraph, or brain mapping tests without their voluntary, informed, and unequivocal consent, adhering strictly to constitutional safeguards and procedural guidelines.
Statutory provision(s): Articles 20(3), 21, and 226 of the Constitution of India, Bharatiya Nyaya Sanhita, 2023 (Sections 103(1) and 238A), Bharatiya Nagarik Suraksha Sanhita, 2023, Evidence Act, 1872 (Section 27)
Laxminarayan Patel v. State Of Chhattisgarh, (Chhattisgarh)(DB) : Law Finder Doc id # 2936519
