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, 9 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.

High Court Trial Investigation Application Accused Magistrate Voice Sample Inference Provide Voice Ritesh Sinha Sample Rajasthan  trial  regarding  accused  sample  rajasthan  drawing  inference  provide  voice  pc  magistrate  high  court  application  investigation  refusing

History of this topic

Collecting Voice Samples Against Wish Of Accused Not Violative Of Right To Privacy, Right Against Self-Incrimination: Rajasthan High Court
1 month 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
1 month, 1 week 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
4 months, 1 week 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, 4 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, 7 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
2 years, 9 months 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
2 years, 11 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, 2 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, 5 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, 8 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 …

Discover Related