• DNA sample tests

Can the company I work for take a hair sample to do a drug test without the order of a court or a police warrant?

Does the offer letter contract supersede the Indian Law?

Also if not, I would like to know the section of IPC that prohibits drug test without voluntary consent and without a court order or a police warrant.
Asked 3 years ago in Constitutional Law from Bangalore, Karnataka
No. The company cannot do so. It is violation of human rights under the Constitution. No offer letter or contract can supersede the Indian Law.

There are several Supreme Court judgments that prohibits drug test or narco test on individuals. However, DNA would require permission of the court or investigation by police in any matter; not otherwise.

thanks,
Feroz A. Shaikh
Advocate, Mumbai
407 Answers
58 Consultations
4.4 on 5.0
Even the police, let alone a company, cannot take hair sample of a person against his wish. Indian law is paramount and overrides any contract in violation of the law. 

Refusal to give hair sample for any drug test by an employee of the company does not and can not subject him to any action by the company.

There is no specific section of IPC in this regard. In many cases the High Courts have ruled that no person can be subjected to a drug test against his consent.
Ashish Davessar
Advocate, Jaipur
19108 Answers
484 Consultations
5.0 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
Ask a Lawyer

Constitutional Lawyers

Ajay Sethi
Advocate, Mumbai
25985 Answers
1414 Consultations
5.0 on 5.0
Ashish Davessar
Advocate, Jaipur
19108 Answers
484 Consultations
5.0 on 5.0
Devajyoti Barman
Advocate, Kolkata
6430 Answers
71 Consultations
4.9 on 5.0
Shivendra Pratap Singh
Advocate, Lucknow
2960 Answers
45 Consultations
4.9 on 5.0
Thresiamma G. Mathew
Advocate, Mumbai
1353 Answers
93 Consultations
5.0 on 5.0
Shashidhar S. Sastry
Advocate, Bangalore
1276 Answers
64 Consultations
5.0 on 5.0
S J Mathew
Advocate, Mumbai
1980 Answers
75 Consultations
5.0 on 5.0
Saptarshi Banerjee
Advocate, Kolkata
219 Answers
4 Consultations
4.9 on 5.0
Nahush Khubalkar
Advocate, Nagpur
45 Answers
7 Consultations
5.0 on 5.0
Shivam Sood
Advocate, Ludhiana
84 Answers
0 Consultations
2.9 on 5.0