RITESH SINHA versus STATE OF UTTAR PRADESH & ANR.

RITESH SINHA versus STATE OF UTTAR PRADESH & ANR.

Until explicit provisions are engrafted in Cr.P.C. by Parliament, a Judicial Magistrate shall be conceded the power to order a person to give a sample of his voice for investigation, such power conferred through judicial interpretation and Article 142 of Constitution; Article 20(3) is not violated by non-testimonial, non-self-incriminatory material like voice samples.

Parties
Appellant: Ritesh Sinha; Respondent: State of Uttar Pradesh; Respondent: Dhoom Singh
Jurisdiction
India
Judgment Date
02 August 2019
Procedural Posture
Criminal Appeal / Final Disposal After Split Verdict and Reference to Larger Bench
Outcome
Appeal disposed of; Judicial Magistrate has power to direct voice sample collection for investigation pending statutory amendment.
Legal Topics
Voice Sample, Article 20(3) Self Incrimination, Powers of Magistrate, Judicial Interpretation, Investigation
Criminal Law Constitutional Law Procedural Law Voice Sample Article 20(3) Self Incrimination Powers of Magistrate Judicial Interpretation Investigation

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Parties

Ritesh Sinha

Appellant

State of Uttar Pradesh

Respondent

Dhoom Singh

Respondent

Procedural Posture

Criminal Appeal / Final Disposal After Split Verdict and Reference to Larger Bench

Legal Issues

  1. 1 Whether Article 20(3) of the Constitution protects an accused from being compelled to give voice sample during investigation
  2. 2 Whether, in the absence of explicit statutory provision, a Magistrate can authorize the recording of voice sample of an accused

Ratio Decidendi

Until explicit provisions are engrafted in Cr.P.C. by Parliament, a Judicial Magistrate shall be conceded the power to order a person to give a sample of his voice for investigation, such power conferred through judicial interpretation and Article 142 of Constitution; Article 20(3) is not violated by non-testimonial, non-self-incriminatory material like voice samples.

Court Disposition

Appeal disposed of; Judicial Magistrate has power to direct voice sample collection for investigation pending statutory amendment.

Orders

  • Judicial Magistrate is conceded power to order voice sample collection for investigation.
  • Appeals disposed of accordingly.