Question

Under what section of the Evidence Act can information discovered via narco-analysis (if voluntary) be admitted?

Hint:

Remember: Narco → Statement inadmissible; Discovery admissible under **Section 27** only if test was voluntary.

Answer 1

Even when narco-analysis is conducted voluntarily, the statements made during the test themselves are not admissible because they are not made consciously and violate the rule against self-incrimination.
However, the Supreme Court in Selvi v. State (2010) held that: \[ \boxed{Only material facts discovered as a consequence of such a voluntary statement may be admitted under Section 27 of the Evidence Act.} \]
Why Section 27?
Because Section 27 allows:
“Discovery of a fact in consequence of information received from a person accused of any offence…”
Even if the statement itself is inadmissible, the **“discovery”** that follows is admissible, provided:

the test was conducted with informed consent,
the discovery is independently verifiable,
the information was not extracted involuntarily.
Thus: \[ \text{Narco statement} \; = inadmissible \] \[ \text{Discovery under Section 27} \; = admissible (if voluntary) \]