264. In light of these conclusions, we hold that no individual should be forcibly subjected to any of the techniques in question, whether in the context of investigation in criminal cases or otherwise. Doing so would amount to an unwarranted intrusion into personal liberty. However, we do leave room for the voluntary administration of the impugned techniques in the context of criminal justice, provided that certain safeguards are in place. Even when the subject has given consent to undergo any of these tests, the test results by themselves cannot be admitted as evidence because the subject does not exercise conscious control over the responses during the administration of the test. However, any information or material that is subsequently discovered with the help of voluntary administered test results can be admitted in accordance with Section 27 of the Evidence Act, 1872.”
SUPREME COURT OF INDIAN
(Before Sanjay Karol and Prasanna B. Varale, JJ.)
Amlesh Kumar Vs State of Bihar
Criminal Appeal No.____ of 2025 (Arising out of SLP(Crl.) No. 5392 of 2024)
Decided on June 9, 2025
Citation: 2025 SCC OnLine SC 1326,2025 INSC 810.
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