Magistrate Has No Express Or Implied Power To Direct Accused To Give Voice Samples For Investigation Purposes: Kerala HC [Read Judgment]
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 power under Section 311A of the Code of Criminal Procedure to direct the accused to give voice samples. The court noted that Section 311A CrPC dealt with the power of magistrate to direct the accused to give specimen signatures or handwriting, and did not deal with voice samples. However, in the Supreme Court decision in Ritesh Sinha, there was a split in verdict on the point whether the magistrate had implied powers to direct the accused to give voice samples.
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