Question

True or False: “An accused has an absolute right to demand a narco-analysis test.”

Hint:

Narco-analysis is neither a right nor a punishment. It is a regulated scientific procedure permitted only with consent + court order.

Answer 1

\[ \boxed{False} \] An accused does not have an absolute right to demand a narco-analysis test.
The Supreme Court in **Selvi v. State (2010)** made two crucial clarifications:

The State cannot compel an accused to undergo narco-analysis (Article 20(3)).
An accused also does not have a right to insist on being subjected to the test.
Why can’t the accused demand it?

Narco-analysis can distort memory and cognition.
It is not a scientifically reliable method of truth determination.
Criminal procedure does not permit “self-administered scientific interrogation.”
Courts allow it only in rare situations and only when all parties (including the investigating agency) agree.
Thus, the test is neither:

a right of the accused, nor
a power of the State to impose involuntarily.
It is permitted only:
“On voluntary consent + judicial oversight + strict safeguards.”