Supreme Court of India · 2012-12-07
Ritesh Sinha vs State Of U.P.& Anr
- Citation / case number
- AIR 2013 SUPREME COURT 1132
- Court
- Supreme Court of India
- Petitioner
- Ritesh Sinha
- Respondent
- State Of U.P.& Anr
- Bench
- Aftab Alam, Ranjana Prakash Desai
Judgment text excerpt
The Supreme Court addressed whether Article 20(3) of the Constitution protects an accused from being compelled to provide a voice sample during an investigation. The Court held that there is no provision in the Code of Criminal Procedure, 1973, that authorizes a Magistrate to compel an accused to provide a voice sample, thus ruling that such an order is beyond the Magistrate's inherent powers. The appeal was allowed, quashing the order of the High Court that had upheld the Magistrate's summons for the voice sample.