Kerala HC: As per S.349 of BNSS, Magistrate Can Direct Any Person To Provide Voice Sample For Purpose Of Investigation

Similarly, no legal requirement can be read into the declaration of law made in Ritesh Sinha (supra), or for that matter Section 349 of the B.N.S.S, that the accused person should have been in custody at the time when an order for voice sample has to be made. While Ritesh Sinha (supra) uses the language 'any person', Section 349 B.N.S.S. would separately deal with 'any person', by suffixing with the expression 'including an accused person'. Similarly, the language in the first proviso to Section 349 is that the person should have been arrested at some time in connection with the investigation, which requirement is amply satisfied in the given facts. If this Court has to go by Ritesh Sinha (supra), there is no such requirement that the person should have been in the custody at the time when the order for voice sample is made. The requirement in Ritesh Sinha (supra) is that such an order has to be passed 'for the purpose of investigation of a crime'. Under Section 349, the criteria is the satisfaction of the Magistrate that it is expedient to direct any person to provide his voice sample, again, for the purposes of any investigation or proceeding under B.N.S.S. Therefore, the thrust is upon the question whether the voice sample is required for the purpose of investigation in a crime.

8. In the instant facts, this Court notice that the crime in question was registered pursuant to a trap. If, as contended by the learned counsel for the petitioner, the phenolphthalein test has turned negative, that is all the more a reason for the Investigating Agency to produce whatever evidence possible in support of the prosecution case. If, as claimed by the Investigating Officer, there exists a voice clip containing the voice of the petitioner, wherein, he had allegedly demanded bribe, the same would constitute an important evidence in the armoury of the prosecution. Such an attempt cannot be shut down, since it has to be conceded that it is fully within the realm and prerogative of the Investigating Officer to search, explore and furnish all and whatever legal evidence possible in support of the prosecution case.

 IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl. MC No. 9284 of 2024

Decided On: 14.11.2024

Sunil Rajan K Vs. Inspector of Police, Vigilance and Anti-Corruption Bureau and Ors.

Hon'ble Judges/Coram:

C. Jayachandran, J.

Citation: MANU/KE/5069/2024.

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Karnataka HC: Sending Voice Sample In Graft Case For Analysis To Private Lab Instead Of Govt Forensic Science Lab Affects Rights Of Accused

 It is pertinent to note that without exhausting

the remedy before the Forensic Laboratory of Karnataka,

sending the voice sample to the Truth Labs, which is a

private agency and collecting the report which is been

placed as a gospel truth in filing the charge sheet has also

resulted in affecting the rights of the accused. Therefore,

the very cognizance itself should not have been taken by

the learned Special Judge and charge sheet should have

been returned. {Para 19}.

The Karnataka High Court upheld a trial court order discharging a public servant of graft charges under the Prevention of Corruption Act as the Lokayukta police sent the voice sample of the conversation between the official and the complainant wherein he allegedly demanded a bribe, to a private agency instead of sending it to government Forensic Science Laboratory for analysis.

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

CRL.RP No. 699 of 2017

STATE OF KARNATAKA  Vs G. RAMACHARI

CORAM: HON'BLE MR JUSTICE V SRISHANANDA

DATED THIS THE 6TH DAY OF DECEMBER, 2024

Citation: 2024:KHC:50561.

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Supreme Court: Magistrate Has Power To Direct An Accused To Give Voice Samples During Investigation Without His Consent

In the light of the above discussions, we unhesitatingly take the view that until explicit provisions are engrafted in the Code of Criminal Procedure by Parliament, a Judicial Magistrate must be conceded the power to order a person to give a sample of his voice for the purpose of investigation of a crime. Such power has to be conferred on a Magistrate by a process of judicial interpretation and in exercise of jurisdiction vested in this Court under Article 142 of the Constitution of India.

REPORTABLE

IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO.2003 OF 2012

RITESH SINHA Vs   STATE OF UTTAR PRADESH 

Hon'ble Judges/Coram:
Ranjan Gogoi, C.J.I., Deepak Gupta and Sanjiv Khanna, JJ.


Citation: (2019) 8 SCC 1

RANJAN GOGOI, CJI.

Dated:August 02, 2019. 

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Whether accused can be compelled to give his voice sample?

Thus, having viewed the matter from all possible angles, I find it

extremely difficulty to take the view that by virtue of the provisions of

the Act, 1920, Section 53 of the Cr.P.C. and Sections 73 and 165 of the

Evidence Act, an accused can be compelled or asked to give his voice

sample for the purpose of Voice Spectrography Test. I have explained in

details the importance of the Voice Spectrography Test, and therefore, it

is now for the Parliament to look into this issue and effect the necessary

amendment in both, the Act, 1920 as well as in the Code of Criminal

Procedure. 

99 Let me invite the attention of the State Government to Section 8

of the Act, 1920. Section 8 of the Act, 1920 reads as under:

“8. Power to make rules

(1) The State Government may [by notification in the Official Gazette,]

make rules for the purpose of carrying into effect the provisions of this

Act.

(2) In particular and without prejudice to the generality of the foregoing

provision, such rules may provide for ­

(a) restrictions on the taking  of photographs  of persons under

Section 5;

(b) the places at which measurements and photographs may be

taken;

(c) the nature of the measurements that may be taken;

(d) the method in which any class or classes of measurements shall

be taken;

(e) the dress to be worn by a person when being photographed

under Section 3; and

(f)   the   preservation,   safe   custody,   destruction   and   disposal   of

records of measurements and photographs.

[(3) Every rule made under this section shall be laid, as soon as may be

after it is made, before the State legislature.]”

100 Section 8 of the Act, 1920 empowers the State Government

to frame rules which would include the nature of the measurements

that   may  be   taken.  The   State   Government  should  consider   framing

appropriate rules in this regard and explore the possibility of including

voice   sample   as   one   of   the   measurements   that   can   be   done   of   an

accused in the course of the investigation. The State Government should

consider this at the earliest. 

101 My conclusions are as under:

[a] The   Voice   Spectrography   Test   does   not   fall   within   the

ambit of a psychiatric treatment. The Voice Spectrography Test is

in no manner violative of Article 20(3) of the Constitution of

India.

[b] However,   in   the   absence   of   any   specific   provision

empowering   the   police   officer   or   the   Court   in   law,   it   is   not

permissible to subject an accused to the Voice Spectrography Test.

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

SPECIAL CRIMINAL APPLICATION (DIRECTION) NO. 5226 of 2015

NATVARLAL AMARSHIBHAI DEVANI

V

STATE OF GUJARAT & 1

CORAM:  MR.JUSTICE J.B.PARDIWALA

Date : 18/01/2017

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When accused can be permitted to give voice sample of only words and not sentences from disputed conversation?

By an Order of this Court dated 1 July 2016, the
Investigating officer was directed to file a transcript of the
disputed conversation in a sealed cover. The Director
CFSL-CBI, was called upon to file in a sealed cover a
proposed passage of a written text which the Appellants
shall be required to read out for the purpose of giving their
voice samples using words, but not the sentences,
appearing in the disputed conversation in such number as
the Director/Scientific Officer may consider necessary for
the purpose of comparison.
13 We are of the view that the aforesaid directions which
have been issued by this Court would allay the
apprehension of the Appellants in regard to the fairness of
the process involved in drawing the voice sample. Our
directions ensure that the text which the Appellants would
be called upon to read out for the purpose of drawing their
voice samples will not have sentences from the inculpatory
text. Similarly, permitting the text to contain words drawn
from the disputed conversation would meet the legitimate
concern of the investigating authorities for making a fair
comparison.
14 In pursuance of the directions issued by this Court the
Investigating officer has filed in sealed cover: (i) transcripts
of the disputed conversations; and (ii) a proposed passage
of a written text required to be read out by the Appellants
for the purpose of giving their voice samples. The passage
contains words but not the sentences appearing in the
disputed conversation. Having perused the contents of the
sealed covers, we are satisfied that the Investigating officer
has complied with our directions. We order accordingly.
15 The order passed by the High Court shall accordingly
stand modified and be substituted by the aforesaid
directions.
REPORTABLE
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL Nos. 700-701 OF 2016

SUDHIR CHAUDHARY   Vs  STATE (NCT OF DELHI) 

 Dr. D Y CHANDRACHUD, J.
Dated:JULY 29, 2016.
Citation: 2016 SCC ONLINE SC 747,(2016) 8 SCC307

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Whether Magistrate can permit taking of voice sample of accused?

 Should the Court still insist that voice sample is included in the definition of "measurements" under the Identification of Prisoners Act andin the Explanation to Section 53 of the Code of Criminal Procedure? I would answer in the negative.

43. In light of the above discussion, I respectfully differ from the judgment proposed by my sister Desai J. I would allow the appeal and set aside the order passed by the Magistrate 

and affirmed by the High Court.

Reportable
 In the Supreme Court of India

Criminal Appellate Jurisdiction

Ritesh Sinha Vs. State of Uttar Pradesh & ANR.

[Criminal Appeal No. 2003 of 2012 arising out of Special Leave Petition (CRL.) No.7259 of 2010]

(SMT.) RANJANA PRAKASH DESAI, J.

Citation: AIR 2019 SC 3592

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WHAT IS SOUND SPECTROGRAPH AND VOICE PRINTS ??

SOUND SPECTROGRAPH AND VOICE PRINTS – A NEW PARADIGM IN THE CRIMINAL JUDICIAL ADMINISTRATION

The idea that someone could be identified by the sound of his voice had its origins in the work of Alexander Melville Bell (father to Alexander Graham Bell).  Over one hundred years ago, he developed a visual representation of what the spoken word would look like.  It was based on pronunciation and he showed that there were subtle differences among different people who said the same things. Then in 1941, the laboratories of Bell Telephone inNew Jersey produced a machine—the sound spectrograph—for mapping a voice onto a graph.  It analyzed sound waves and produced a visual record of voice patterns that were based on frequency, intensity, and time.  Acoustic scientists used it during World War II to identify enemy voices on telephones and radios.  However, with the war's end, the urgency for this technology diminished and little came of it until later.

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