Rajasthan High Court: A Single Judge Bench comprising of Vijay Bishnoi J., while allowing to take the voice sample of the accused pronounced that “when the criminals are using the modern technologies to commit the crime, it is not justified to restrain the police or investigating agency to counter it”.
The accused in the present case had indiscriminately fired gunshots at the residence of two persons and for the same reason, an FIR was registered by the victims. It was also noted that immediately after the filing of the FIR victims had received phone calls pertaining to life threats. In the course of the investigation, police had arrested two persons and for that purpose, an identification test was called for, but the victim again received calls from Italy through Voice over Internet Protocol (VOIP).
On arrest of the accused person, police felt that the information given on the part of the respondent may not be admissible and for that reason the police authorities had filed an application before the Additional Chief Magistrate to give directions to the respondent for submission of his voice sample which was rejected on the basis of ‘no consent” of the respondent. Courts below had rejected the application of the respondent for the collection of the voice sample.
The Hon’ble High Court, on analysing the contentions placed in reference to the issue for recording of the voice sample of the accused, explained its stance by relying on the Supreme Court judgment of Ritesh Sinha v. State of U.P., (2013) 2 SCC 357, in which it was well settled that if an accused person is compelled to give his voice sample it is no violation of his rights under Article 20(3) of the Constitution of India and the law is silent on the same. Therefore, the Court by explaining the various aspects of this issue and allowing the criminal misc. petition stated that the police cannot be restrained from taking voice sample of respondent for establishing his involvement in the crime. [State of Rajasthan v. Vikramjeet Singh, 2018 SCC OnLine Raj 1343, dated 23-05-2018]