Whether without any specific provision of law, directing the accused to give voice samples for spect

section 311-A Cr.P.C – Taking of voice samples from the accused – Trial court has powers. Kumaresan vs The State, Rep.by Inspector of Police, Central Bureau of Investigation, Anti-Corruption Branch, Chennai-600 006 – Crl.O.P.Nos.2580 & 2510 of 2019 and 21653 of 2018 – Pronounced on : 17.10.2019 – THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR .

Answering the above question Hon’ble Madras High Court after quoting Section 311-A and judgments relating to voice samples held as follows:

“Thus, the apex Court has now empowered the Magistrate with the power to order a person to give a sample of his voice for the purpose of investigation of a crime. The respondent to ensure that the text, which the petitioners would be called upon to read out for the purpose of drawing their voice samples will not have sentences from the inculpatory text. Similarly, permitting the text to contain words drawn from the disputed conversation would meet the legitimate concern of the investigating authorities for making a fair comparison”.

Judgments relied and cited:

1. Sudhir Chaudhary and others Versus State (NCT of Delhi) reported in (2016) 8 SCC 307.

2. P.Kishore Versus State reported in MANU/TN/3830/2017 decided on 16.11.2017.

3. Ritesh Sinha Versus State of Uttar Pradesh and another – CRIMINAL APPEAL NO.2003 OF 2012 – 2.8.2019 – S.C.

download full judgment here: 311ADownload

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