PC Act | Magistrate Can’t Make Declaration On Drawing Of Adverse Inference Against Accused For Refusing To Provide Voice Sample: Rajasthan High Court
1 year, 11 months ago

PC Act | Magistrate Can’t Make Declaration On Drawing Of Adverse Inference Against Accused For Refusing To Provide Voice Sample: Rajasthan High Court

Live Law  

The Rajasthan High Court recently set aside observations of a magistrate regarding drawing of adverse inference against an accused, who refused to provide his voice sample at investigation stage, in a corruption case. "As far as the observation made by the learned Magistrate regarding unfavourable reckoning is concerned, wherein he has stated that the accused shall be responsible if any adverse inference would be taken by the trial Court during trial upon his refusal to provide voice sample, it is felt that the learned Magistrate has exceeded his jurisdiction and it was beyond his competence to make a declaration regarding drawing of an adverse inference against the accused," said the court. The competence of the Magistrate in taking voice sample before him during investigation has been recognized by Hon’ble the Supreme Court in the case of Ritesh Sinha," said the court. "In the considered view of this Court, the accused had a legal right to raise objection regarding competence of the Magistrate to take voice sample before him, along with other objections which were statutorily provided to him, therefore, by doing so, it cannot be held that his denial from providing voice sample may lead him to a situation where an adverse inference regarding voice match may be taken by the learned trial Court during the course of trial," said the court.

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History of this topic

Individuals Not Charge-Sheeted Can Be Summoned To Face Trial If Evidence Establishes Their Involvement In Offence: Patna High Court
2 months, 2 weeks ago

Individuals Not Charge-Sheeted Can Be Summoned To Face Trial If Evidence Establishes Their Involvement In Offence: Patna High Court

Live Law  

The Patna High Court has held that those not charge-sheeted by the police can also be summoned to face trial under Section 319 of the Code of Criminal Procedure India, 1973 if strong and cogent evidence against them surfaces during the trial. Justice Jitendra Kumar, while dismissing the criminal revision petition filed by Draupadi Kunwar and others, observed, “The Court …

Collecting Voice Samples Against Wish Of Accused Not Violative Of Right To Privacy, Right Against Self-Incrimination: Rajasthan High Court
3 months, 4 weeks ago

Collecting Voice Samples Against Wish Of Accused Not Violative Of Right To Privacy, Right Against Self-Incrimination: Rajasthan High Court

Live Law  

Rajasthan High Court has ruled that Article 20 of the Constitution of India only states that accused could not be compelled to be a witness against himself and not that the accused could not be compelled to be a witness at all. The bench of Justice Sameer Jain further observed that under Section 349 of BNSS, the Legislature had explicitly …

[S.349 BNSS] Magistrate Can Direct Any Person To Provide Voice Sample For Purpose Of Investigation: Kerala High Court
4 months ago

[S.349 BNSS] Magistrate Can Direct Any Person To Provide Voice Sample For Purpose Of Investigation: Kerala High Court

Live Law  

The Kerala High Court held the criteria for the Magistrate to direct any person to give voice sample under Section 349 of BNSS is the satisfaction of the Magistrate that such sample is required for the purpose of investigation. “Under Section 349, the criteria is the satisfaction of the Magistrate that it is expedient to direct any person to provide …

Mere Transcripts Not Proof Of Voice In Tape-Records: Rajasthan High Court Reiterates
7 months ago

Mere Transcripts Not Proof Of Voice In Tape-Records: Rajasthan High Court Reiterates

Live Law  

The Rajasthan High Court has reiterated that mere transcript of a tape record is not proof that the voice so recorded is of the accused. where it was held that the tape records of speeches fall under the category of “Documents” under the Indian Evidence Act, standing on no different footing than photographs, which could be admissible in evidence only …

Hate speech case: Supreme Court stays order asking Azam Khan to send voice sample
1 year, 7 months ago

Hate speech case: Supreme Court stays order asking Azam Khan to send voice sample

Hindustan Times  

The Supreme Court on Wednesday stayed an Uttar Pradesh trail court order directing senior Samajwadi Party leader Azam Khan to give a voice sample in connection with a 2007 hate speech case. The case pertains to Azam Khan’s speech made during a public meeting in Tanda area of Rampur in August 2007 The case pertains to Khan’s speech made during …

"No One Can Be Arrested Simply On Basis Of Assumption & Perception": Murder Accused Argues In Rajasthan High Court, Secures Bail
2 years, 10 months ago

"No One Can Be Arrested Simply On Basis Of Assumption & Perception": Murder Accused Argues In Rajasthan High Court, Secures Bail

Live Law  

The Rajasthan High Court has granted bail to a murder accused after hearing his counsel's arguments contending that no one can be arrested simply on the basis of assumption, presumption and perception. The appellant's counsel submitted that there is no eye-witness of the incident and the case of the prosecution is based on circumstantial evidence, however no circumstances are available …

Production Of Certificate U/S 65B(4) Evidence Act Not Necessary To Obtain Voice Sample Of Accused For Further Probe: PH High Court
3 years ago

Production Of Certificate U/S 65B(4) Evidence Act Not Necessary To Obtain Voice Sample Of Accused For Further Probe: PH High Court

Live Law  

The Punjab and Haryana High Court has observed that at the stage of filing an application by the prosecution to obtain the voice sample of the accused for the purposes of further investigation, the production of a certificate under Section 65B of the Evidence Act is not necessary.The Bench of Justice Avneesh Jhingan observes thus as it relied upon the …

Consent Of Accused Not Necessary To Obtain Voice Sample; No Violation Of Article 20(3) Of Constitution: Kerala High Court
3 years, 2 months ago

Consent Of Accused Not Necessary To Obtain Voice Sample; No Violation Of Article 20(3) Of Constitution: Kerala High Court

Live Law  

The Kerala High Court has ruled that the consent of an accused is not necessary to acquire their voice sample for the purpose of comparison, since it has already been established that obtaining voice samples of the accused do not infringe Article 20 of the Constitution of India.While dismissing a petition alleging that the accused was not given an opportunity …

C.K. Janu’s voice samples collected in poll bribery case
3 years, 4 months ago

C.K. Janu’s voice samples collected in poll bribery case

The Hindu  

The Crime Branch unit from Wayanad on Friday collected the voice samples of Janadhipathya Rashtriya Party leaders C.K. The CB had already collected the voice samples of Mr. Surendran and Ms. Azhikode last month and submitted them to the Sulthan Bathery Judicial First Class Magistrate Court, which had ordered the collection of voice samples on a plea by the CB …

Judicial Order To Collect Voice Sample For Investigation Purposes Doesn't Violate Right To Privacy: Punjab & Haryana High Court
3 years, 8 months ago

Judicial Order To Collect Voice Sample For Investigation Purposes Doesn't Violate Right To Privacy: Punjab & Haryana High Court

Live Law  

The Punjab and Haryana High Court recently held that a judicial order to collect voice samples for Investigation purposes/comparison purposes can't be said to be violative of the right to privacy. Court's observations At the outset, the Court referred to Supreme Court's ruling in the case of Ritesh Sinha v. State of Uttar Pradesh, wherein it was held that a …

[17A PC Act] Before Initiating Any Inquiry/Investigation Against A Public Servant, Prior Sanction Of Govt. Mandatory: Rajasthan HC [Read Judgment]
4 years, 11 months ago

[17A PC Act] Before Initiating Any Inquiry/Investigation Against A Public Servant, Prior Sanction Of Govt. Mandatory: Rajasthan HC [Read Judgment]

Live Law  

Rajasthan High Court on Tuesday held that where investigation based on a private complaint for corruption cannot be conducted against public servants for want of "sanction to prosecute" from the government, the complaint cannot stand against private individuals also. As the public servants cannot be prosecuted in this mater, registration of the FIR by the Anti Corruption Bureau against the …

Can Investigating Agencies Be Permitted To Take Voice Sample Of The Accused? SC To Decide [Read Order]
6 years, 11 months ago

Can Investigating Agencies Be Permitted To Take Voice Sample Of The Accused? SC To Decide [Read Order]

Live Law  

The Supreme Court has issued a notice in a Special Leave Petition filed by the National Investigation Agency against a Kerala High Court order that refused to permit the investigating agency to take the voice sample of the accused for the purpose of comparing his voice with the voice in a video clipping collected during the investigation.Against the NIA court …

Can Investigating Agencies Be Permitted To Take Voice Sample Of The Accused? SC To Decide [Read Order]
6 years, 11 months ago

Can Investigating Agencies Be Permitted To Take Voice Sample Of The Accused? SC To Decide [Read Order]

Live Law  

The Supreme Court has issued a notice in a Special Leave Petition filed by the National Investigation Agency against a Kerala High Court order that refused to permit the investigating agency to take the voice sample of the accused for the purpose of comparing his voice with the voice in a video clipping collected during the investigation.Against the NIA court …

Magistrate Has No Express Or Implied Power To Direct Accused To Give Voice Samples For Investigation Purposes: Kerala HC [Read Judgment]
7 years, 2 months ago

Magistrate Has No Express Or Implied Power To Direct Accused To Give Voice Samples For Investigation Purposes: Kerala HC [Read Judgment]

Live Law  

The Kerala High Court has held that there is no express or implied power conferred by the statute to the magistrate to direct the accused to give voice samples for the purposes of investigation. While rendering the ruling, the division bench overruled an earlier decision of a single bench in Pratap v CBI KLT 458, which had held that the …

Magistrate Has No Express Or Implied Power To Direct Accused To Give Voice Samples For Investigation Purposes: Kerala HC [Read Judgment]
7 years, 2 months ago

Magistrate Has No Express Or Implied Power To Direct Accused To Give Voice Samples For Investigation Purposes: Kerala HC [Read Judgment]

Live Law  

The Kerala High Court has held that there is no express or implied power conferred by the statute to the magistrate to direct the accused to give voice samples for the purposes of investigation. While rendering the ruling, the division bench overruled an earlier decision of a single bench in Pratap v CBI KLT 458, which had held that the …

Nothing Illegal In Drawing Voice Sample Of Accused For Test: Madras HC [Read Orders]
7 years, 3 months ago

Nothing Illegal In Drawing Voice Sample Of Accused For Test: Madras HC [Read Orders]

Live Law  

When his “voice” itself becomes subject matter for trial, “silence” cannot be a shield, the Court observed.The Madras High Court, in its two recent judgments, has upheld trial court orders allowing prosecution to draw voice sample of the accused persons for comparison with that of the questionable voice recorded in the course of intercepted telephonic conversion between. The Madras High …

Nothing Illegal In Drawing Voice Sample Of Accused For Test: Madras HC [Read Orders]
7 years, 3 months ago

Nothing Illegal In Drawing Voice Sample Of Accused For Test: Madras HC [Read Orders]

Live Law  

When his “voice” itself becomes subject matter for trial, “silence” cannot be a shield, the Court observed.The Madras High Court, in its two recent judgments, has upheld trial court orders allowing prosecution to draw voice sample of the accused persons for comparison with that of the questionable voice recorded in the course of intercepted telephonic conversion between. The Madras High …

Accused Can’t Be Subjected To Voice Spectrography Test: Gujarat HC [Read Judgment]
8 years, 1 month ago

Accused Can’t Be Subjected To Voice Spectrography Test: Gujarat HC [Read Judgment]

Live Law  

The Gujarat High Court has recently held that though voice spectrography test is not violative of Article 20 of the Constitution of India, it is not permissible to subject an accused to it, in the absence of any specific provision empowering the police officer or the court in law.Justice JB Padiwala considered the following questions in the case: Whether calling …

Voice samples of Lakhvi cannot be used as evidence said Pak media | India TV News
9 years, 8 months ago

Voice samples of Lakhvi cannot be used as evidence said Pak media | India TV News

India TV News  

Islamabad: Mumbai terror attack mastermind Zakiur Rehman Lakhvi's voice samples cannot be used as evidence as their is no law to prove its authenticity, a media report said on Saturday. Pakistan's Federal Investigation Agency has said Lakhvi's voice samples cannot be used as evidence as they are irrelevant to the trial, ther media report said. FIA special prosecutor Mohammad Azhar …

Pakistan U-turn on Lakhvi Audio Samples After Modi-Sharif Ufa Meet
9 years, 8 months ago

Pakistan U-turn on Lakhvi Audio Samples After Modi-Sharif Ufa Meet

The Quint  

Pakistan did a U-turn on Sunday stating that voice sample of LeT operations commander and Mumbai attack mastermind Zaki-ur-Rehman Lakhvi is not likely to be provided. Prosecution team’s chief Chaudhry Azhar said, four years ago a Rawalpindi court handling the Mumbai terror attack case had dismissed an application for obtaining voice samples of Lakhvi. Azhar said that Pakistan government will …

Pakistan not to give 26/11 mastermind Lakhvi’s voice sample
9 years, 8 months ago

Pakistan not to give 26/11 mastermind Lakhvi’s voice sample

The Hindu  

Pakistan did a U-turn on Sunday stating that voice sample of LeT operations commander and Mumbai attack mastermind Zaki-ur-Rehman Lakhvi is not likely to be provided, two days after Prime Minister Nawaz >Sharif gave a commitment in this regard to his Indian counterpart Narendra Modi. Prosecution team’s chief Chaudhry Azhar said that four years ago a Rawalpindi court handling the …

Legality of ordering voice samples of accused splits Supreme Court bench
12 years, 3 months ago

Legality of ordering voice samples of accused splits Supreme Court bench

Hindustan Times  

Can a court direct an accused to give his/ her voice sample against his/her consent during a criminal investigation? HT Image These questions have remained unanswered as the Supreme Court delivered a split verdict on the issue that would have a bearing on several criminal cases where the police require voice samples of accused for completing a probe. On Monday, …

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