Delhi High Court rules Narco Test cannot be forced on unwilling accused

The Delhi High Court issued a judgment clarifying that a complainant cannot compel an accused person to undergo a Narco Analysis Test against their will, upholding the constitutional right against self-incrimination under Article 20(3). This matters to citizens as it establishes legal boundaries for investigative procedures in criminal cases.

The complainant (petitioner) and accused persons in criminal cases

• The Delhi High Court dismissed a petition seeking to compel accused persons to undergo a Narco Analysis Test against their will.
• The court cited the Supreme Court's Selvi case ruling that involuntary administration of Narco Analysis Test violates Article 20(3) of the Constitution (right against self-incrimination).
• The court held that the application for Narco Test should have been filed by the Investigating Officer, not the complainant.
• The court stated that even in grave offences, the accused's refusal to consent cannot be overridden.
• The court noted that the Trial Court's order was correct in dismissing the application as the accused persons had refused the test.

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