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Supreme Court of India 2019-08-02 allowed

RITESH SINHA vs STATE OF UTTAR PRADESH

Bench: 3 — Ranjan Gogoi, Deepak Gupta, Sanjiv Khanna

In Brief

The appellant challenged a magistrate's order directing him to provide a voice sample for criminal investigation. The Supreme Court resolved conflicting judicial views on whether such an order violates Article 20(3) and whether magistrates have power to authorize voice samples absent specific statutory provision. The Court held that voice samples are material evidence (like fingerprints or handwriting), not testimony, and do not violate constitutional self-incrimination protections. Despite legislative silence, magistrates have power to order voice samples as a necessary measure for effective investigation, derived through judicial interpretation under Article 142 of the Constitution.

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Criminal Procedure Constitutional Law Criminal Investigation Evidence Fundamental Rights

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