Supreme Court: Magistrate Can Direct Accused and Witnesses to Give Voice Samples

The Supreme Court has held that a Magistrate can order both the accused and witnesses to provide voice samples, along with other samples like fingerprints, handwriting, and DNA.

A Division Bench of Chief Justice BR Gavai and Justice K Vinod Chandran clarified that collecting such samples is part of gathering evidence and does not violate the right against self-incrimination under Article 20(3) of the Constitution.

The Court relied on Ritesh Sinha v State of Uttar Pradesh, which held that even in the absence of explicit mention in the CrPC, a Magistrate can direct a person to give voice samples for investigation.

[Rahul Agarwal v State of West Bengal & Anr.]