The Chhattisgarh High Court has ruled that investigating agencies cannot compel any person to undergo narcoanalysis, polygraph, Brain Electrical Activation Profile (BEAP) or similar scientific investigative tests without their voluntary and informed consent. The court directed that such examinations can be conducted only in accordance with constitutional and legal safeguards.
A division bench comprising Chief Justice Ramesh Sinha and Justice Ravindra Kumar Agrawal passed the order while disposing of a writ petition filed by two residents of Raigarh, who alleged that the police were attempting to subject them to scientific forensic tests despite the absence of any evidence against them and without their consent.
Background Of The Case
The petition arose from a murder investigation registered this year at Chakradharnagar Police Station in Raigarh under Sections 103(1) (murder) and 238A of the Bharatiya Nyaya Sanhita relating to causing disappearance of evidence or giving false information.
According to the petitioners, they were not named in the First Information Report and no incriminating material had been found against them. They relied on an investigation report dated June 16 submitted by the investigating officer before the sessions court, which stated that no evidence had emerged against them during the investigation.
They nevertheless alleged that they were repeatedly summoned to the police station for nearly 18 consecutive days, detained for extended periods, made to sign an undertaking, and deprived of their mobile phones without seizure memos. They further claimed the police directed them to appear in Raipur for narcoanalysis, brain mapping and polygraph examinations without obtaining either judicial authorisation or their consent.
State Opposed The Petition
The State argued that the writ petition had been filed prematurely because the investigation was still in progress. It maintained that the petitioners had only been called for questioning after certain facts surfaced during the investigation.
The prosecution denied allegations of harassment, unlawful detention and coercion. It also submitted that no forensic examination could be conducted except in accordance with the law.
Court Reiterates Constitutional Safeguards
The High Court observed that the petitioners were not named in the FIR and noted that the investigating officer’s own report acknowledged that no evidence had yet been found against them.
The bench held that no individual can be forcibly subjected to narcoanalysis, polygraph examination, BEAP testing or any comparable scientific investigative method. It said such techniques may be administered only in accordance with law and after complying with constitutional and procedural safeguards, including obtaining informed consent.
Relying on the Supreme Court’s decision in Selvi v. State of Karnataka (2010), the High Court reiterated that compulsory administration of narcoanalysis, polygraph and BEAP tests violates the constitutional protection against self-incrimination under Article 20(3) as well as the rights to personal liberty and mental privacy guaranteed under Article 21.
The court further stated that before any such examination is conducted, the person’s voluntary and informed consent must be recorded before a judicial magistrate. It also stressed the need to ensure access to legal assistance and compliance with the safeguards prescribed by the Supreme Court and the National Human Rights Commission.
Directions Issued
Without expressing any opinion on the merits of the criminal investigation, the High Court directed the investigating agency not to compel or coerce the petitioners into undergoing narcoanalysis, polygraph, brain mapping or any similar scientific investigative procedure.
It clarified that if such tests are proposed, they may be carried out only after obtaining the petitioners’ voluntary, informed and unequivocal consent, which must be recorded before the competent judicial magistrate in compliance with all constitutional and statutory safeguards.
The writ petition was disposed of on June 29, 2026.
