Narco Analysis Test -- Consent Can Be Withdrawan At Any Stage Before Or During Test -- Results of Test After Withdrawal Of Consent are Inadmissible
Consent given by an accused to undergo Narco Analysis Test is not irrevocable and may be withdrawn at any time before or during the conduct of such test. Conducting a Narco Analysis Test against the wishes of an accused, pursuant to withdrawal of earlier consent, violates the right to life and personal liberty under Article 21 and the right against self-incrimination under Article 20(3) of the Constitution. A drug-induced state suppresses free will, and any involuntary Narco Analysis Test amounts to compelled testimonial evidence, rendering results inadmissible. The right to undergo such a test is not indefeasible — the court must consider free consent and appropriate safeguards before authorising it.
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