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august 2019

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.

RITESH SINHA vs STATE OF UTTAR PRADESH · Niyam