For purposes of clarity, a narco-analysis test is an interrogation method whereby a suspect of a crime is injected with a psychoactive drug under controlled conditions to suppress their reasoning power or ability to determine what is good/bad for themselves. Selvi v. State of Karnataka, (2010) 7 SCC 263 held involuntary administration of this test is to be hit by Articles 20(3) and 21. It is clear, under no circumstances is an involuntary or forced narco-analysis test permissible under law. While need for modern investigative techniques may be true, such investigative techniques cannot be conducted at cost of constitutional guarantees.

– Hon’ble Justice Sanjay Karol, Amlesh Kumar v. State of Bihar, [Special Leave Petition (Criminal) No. 5392 of 2024].  

_____

Unlike an offender who can claim benefit of juvenility at any point in time, even after completion of proceedings, given beneficial nature of JJ Act, a victim cannot claim to be a juvenile at any point in time, for charges against which an offender is tried are intrinsically tied to age of victim. If a victim of a sexual offence was allowed to claim juvenility at any stage of proceedings, in same manner an offender can under JJ Act, it would have serious procedural and substantive consequences.

Amlesh Kumar v. State of Bihar, 2025 SCC OnLine SC 1326 observed, when a Court is exercising powers under Section 439, CrPC such power does not permit roving enquiries or use of involuntary investigative techniques.

– Hon’ble Justice Sanjay Karol, State of Uttar Pradesh v. Anurudh, [Special Leave to Appeal (Criminal) No.10656 of 2025] decided on 09.01.2026.