Can the police force me to undergo a narco-analysis or polygraph test?

Question

The investigating officer wants me to undergo a narco-analysis and polygraph test during investigation. Am I legally bound to consent to this? Before I spend money on it, I want to know whether Constitution of India Art.20(3) gives me a remedy here and what proof I would need. Any Section numbers I can quote when I write to them would be useful.

MyVakeel Legal Desk · Accepted Answer

Constitution of India Art.20(3), BNSS 2023 s.176 and Constitution of India Art.21 is what decides this question in India. Read it alongside the provisions named, because the relief available to you turns on the facts you can prove on paper.

In Selvi v. State of Karnataka (2010), the Supreme Court held that narco-analysis, polygraph and brain-mapping tests cannot be administered without the free and voluntary consent of the accused or witness.

Involuntary administration of such tests violates the right against self-incrimination under Article 20(3) and the right to personal liberty and privacy under Article 21.

Even where consent is given, the results of these tests are not admissible as substantive evidence, though any factual information subsequently discovered as a result may be admissible under limited circumstances.

If consent is sought, it must be recorded before a Magistrate along with legal representation and medical safeguards, and consent can be withdrawn at any stage before the test is conducted.

Refusal to undergo such tests cannot by itself be treated as an adverse inference of guilt against the accused.

What to do next: 1) Do not sign any consent form under pressure without consulting a lawyer; 2) If consent is genuinely intended, insist it be recorded before a Magistrate with counsel present; 3) Challenge any attempt at forcible or coercive testing through a habeas corpus or writ petition; 4) Rely on Selvi v. Karnataka if such test results are sought to be used against you at trial.

If you are unsure whether your facts fall inside Constitution of India Art.20(3), that is worth checking with an advocate before you commit to a route, because switching later costs time. You can post the details on the MyVakeel forum for a practising advocate to review, or book a paid consultation with a Bar Council verified lawyer in criminal law.