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Magistrate Has Power To Direct An Accused To Give Voice Samples During Investigation Without His Consent.
02 Aug 2019 07:40 pm
Court held that a judicial magistrate can direct an accused to provide his voice samples for investigation even without his consent.
The three-judges bench led by the CJI thus settled the confusion which arose out of the split verdict in the 2012 verdict by a two judges bench in Ritesh Sinha v State of UP.
The CJI-led bench said that in the absence of specific powers in the Code of Criminal Procedure, inherent powers under Article 142 of the Constitution should be invoked to confer such power on the Magistrate.
It may be noted that Section 53 of the CrPC deals with the power to order medical examination of the accused by a registered medical practitioner, which includes examination of bodily fluids, hair samples, nail clippings etc. Section 5 of the Identification of Prisoners Act 1920 deals with taking photographs and measurements of persons in custody. None of these provisions make explicit reference to voice samples.
