Supreme Court of India · 2019-08-02
RITESH SINHA vs STATE OF UTTAR PRADESH
- Citation / case number
- SC 2010/27352
- Court
- Supreme Court of India
- Petitioner
- RITESH SINHA
- Respondent
- STATE OF UTTAR PRADESH
- Author
- HON'BLE THE CHIEF JUSTICE RANJAN GOGOI
- Bench
- HON'BLE MR. JUSTICE DEEPAK GUPTA HON'BLE THE CHIEF JUSTICE RANJAN GOGOI
Judgment text excerpt
The Supreme Court addressed the issue of 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 such compulsion does not violate Article 20(3), following the precedent in State of Bombay vs. Kathi Kalu Oghad. However, the Court was divided on whether a Magistrate has the implied power under Section 53 of the Code of Criminal Procedure, 1973 to authorize the taking of voice samples, with one judge supporting this interpretation and the other advocating for legislative authority instead.