Faulty 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.

Answers (1)


281 votes
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.


Googling your legal issue online?

The internet is not a lawyer and neither are you.
Talk to a real lawyer about your legal issue.

Popular Criminal Lawyers


Advocate Rajesh Rai
Sector-19, Dwarka, Delhi
20 years Experience
Advocate Sunil Kumar Bakshi
Sector-16, Faridabad
33 years Experience
Advocate J. P. Rinwa
Swej Farm, Sodala, Jaipur
19 years Experience
Advocate Jaspreet Singh Rai
Greater Kailash 1, Delhi
17 years Experience

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at LawRato.com and has been responded by one of the Criminal Lawyers at LawRato.com to address the specific facts and details. You may post your specific query based on your facts and details to get a response from one of the Lawyers at LawRato.com or contact a Lawyer of your choice to address your query in detail.

Related Questions


"LawRato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."



Related Articles