quesFaulty DNA samples.

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.

  • ansEven 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.

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