Criminal Lawyer: The Magistrate can now order accused to give voice sample to the police; SC.

Supreme Court of India

CJI Ranjan Gogoi, Justice Deepak Gupta and Justice Sanjiv Khanna

Before SC {Ritesh Sinha versus State of Uttar Pradesh and Another} the question falling for consideration was whether in the absence of any provision in the CrPC, can a Magistrate authorise Investigation Agency to record the voice sample of the person accused of an offence.

It was held by the SC that when yawning gap in the statute, in the considered view of the Court, cause for temporary patchwork of filling up, to make the statute effective and workable, and to serve societal interest; a process of judicial interpretation would become inevitable. It was further held that until explicit provisions are engrafted in the CrPC by Parliament, a Judicial Magistrate must be conceded the power to order a person to give a sample of his voice for the purpose of investigation of a crime. It was held that such power has to be conferred on a Magistrate by a process of judicial interpretation and in exercise of Jurisdiction vested in the SC under Article 142 of the Constitution of India. And, accordingly, it was held that a Magistrate is henceforth empowered to order a person to give a sample of his voice to the investigation agency.