Rajasthan High Court allows Police to take voice samples of criminals
May 28, 2018The Rajasthan High Court in it’s recent order stated that the police shall be empowered to take the voice sample of an accused for conducting their investigations, even if there is no explicit provision under the law.
In this case, the Magistrate while rejecting an application filed by the prosecution held that the question on the authority of a Magistrate to allow the investigating authority to record the voice sample of an accused has been referred to a larger bench of the Supreme Court, in the case of Ritesh Sinha v. State of UP. The issue had also been addressed by the Gujarat High Court to permit the use of spectrography test, when there is no law supporting it.
J. Bishnoi of the Rajasthan High Court, reiterating the idea, has said the Magistrate while rejecting the application on the power of the Magistrate to allow the police to take a voice test can do so, in the interest of justice even if the matter is pending before a larger bench.
In its judgment the court held that an accused can be subjected to voice spectrography test in the absence of any law establishing the same.
The incident involves a gang that used to make calls through Whatsapp or Voip from within India or abroad. It would be difficult for the police to identify the offenders without having their voice sample. The only counter to any misuse of technology would be through good use of that technology.
In this case, the Magistrate while rejecting an application filed by the prosecution held that the question on the authority of a Magistrate to allow the investigating authority to record the voice sample of an accused has been referred to a larger bench of the Supreme Court, in the case of Ritesh Sinha v. State of UP. The issue had also been addressed by the Gujarat High Court to permit the use of spectrography test, when there is no law supporting it.
J. Bishnoi of the Rajasthan High Court, reiterating the idea, has said the Magistrate while rejecting the application on the power of the Magistrate to allow the police to take a voice test can do so, in the interest of justice even if the matter is pending before a larger bench.
In its judgment the court held that an accused can be subjected to voice spectrography test in the absence of any law establishing the same.
The incident involves a gang that used to make calls through Whatsapp or Voip from within India or abroad. It would be difficult for the police to identify the offenders without having their voice sample. The only counter to any misuse of technology would be through good use of that technology.
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