jamal (business) 25 May 2009

voice sample

is court approval needed by police commossioner for taking voice samples or voice recordings of a person during enquiry.

without the f.i.r being filed can they take voice samples.

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Swami Sadashiva Brahmendra Sar (Nil) 25 May 2009

No for both questions.

Swami Sadashiva Brahmendra Sar (Nil) 25 May 2009

Dear prabhakar ji ! where is point of diference between you and me !

the question is without the f.i.r being filed can they take voice samples ? answer - No. this is exactly what you are saying.

Swami Sadashiva Brahmendra Sar (Nil) 25 May 2009

intimation to court is necessary but approval to take evidence is no necessary.

jamal (business) 26 May 2009

i am still not clear sir,

u mean to say that first the F.I.R must be lodged, and then court permission is needed for taking voice samples during investigation.

plz explain in little detail sir,

jamal (business) 26 May 2009

Sir, only if complaint is filed by a person, then can the police take voice samples during investigation or not.

Swami Sadashiva Brahmendra Sar (Nil) 26 May 2009

Yes he can file a writ petition as action of police in this matter amounts to torture and violation of personal liberty guaranteed under Art. 21 of the Constitution of India.

jamal (business) 26 May 2009

so even on the basis of complaint the police can take voice samples,

there is no need if F.I.R,

is it correct

jamal (business) 26 May 2009

what is the difference between a complaint and F.I.R.

Swami Sadashiva Brahmendra Sar (Nil) 26 May 2009

when police refused to lodge an FIR, then Complaint is made to the magistrate

Prakash Yedhula (Lawyer) 27 May 2009

The accused, at the stage of investigation, cannot be compelled to give his voice sample just as he cannot be compelled to undergo a test identification parade. It is for him to give or not to give his voice sample in the course of investigation and the court cannot, during investigation, direct the accused to give his voice sample.

It would be interesting to note a recent decision of the Supreme Court in the case of Amrit Singh v. State of Punjab: 2006 AIR SCW 5712 wherein the question of obtaining a hair specimen of the accused was in issue. An application was filed by the investigating officer in the court of the Judicial Magistrate for obtaining a specimen of the hair of the accused, but he refused to give any such specimen of hair. He made a statement before the court which was recorded, but he did not assign any reason for refusing to give samples of his hair. It was contended on behalf of the State of Punjab before the Supreme Court that an adverse inference, in the least, ought to have been drawn against him. In repelling this contention, the Supreme Court in para 19 of the said decision held as under:-

“Appellant had a right to give or not to give sample of his hair. He could not have been made a witness against himself against his will.”

This decision indicates that in the course of investigation, a accused cannot be compelled to provide a sample of his hair. The same would equally apply to the giving of a voice sample. This decision is also a clear endorsement of the view that the accused could not be directed to give their voice samples in the course of investigation.

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Prakash Yedhula (Lawyer) 27 May 2009

Find attached a Delhi High Court judgment on this aspect

Attached File : 59 voice sample.pdf downloaded: 134 times

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jamal (business) 27 May 2009

but sir what if they have already taken the samples.

what remedy is available, can we deny in the court that we dint give any sample,

can the voice samples be treated as a strong evidence

Swami Sadashiva Brahmendra Sar (Nil) 27 May 2009

you need not to deny. Mr Prakash has clarified the position. you can not be made a witness against yourself. otherwise will be violation of fundamental right guaranteed under art. 20 of the constitution.