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Obligated voice sampling: A judicial endorsement in Ritesh Sinha v. State of Uttar Pradesh

By: Goswami, G.K. Aditi, Goswami.
Material type: materialTypeLabelBookPublisher: Journal of The Indian Law Institute Description: 61(4), Oct-Dec, 2019: p. 455-462. In: Journal of The Indian Law InstituteSummary: The voiceprint is a potent forensic tool for speaker’s identification mainly used for corroboration to help in determination of culpability. Reference voice sample is required from a suspect for comparing the voice in question. The procedural laws in India are silent on the subject involving order by a court for providing voice sample a suspect without taking informed consent. In Ritesh Sinha case, the apex court, by using extraordinary powers under article 142 of the Indian Constitution, has made contingent arrangement to empower a magistrate in this regard till the Parliament enacts the law. The court verdict has dealt with several significant issues related to self-incrimination and power of a court in expanding the scope of law in absence of unequivocal legislative intent. – Reproduced
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Articles Articles Indian Institute of Public Administration
61(4), Oct-Dec, 2019: p. 455-462 Available AR123634

The voiceprint is a potent forensic tool for speaker’s identification mainly used for corroboration to help in determination of culpability. Reference voice sample is required from a suspect for comparing the voice in question. The procedural laws in India are silent on the subject involving order by a court for providing voice sample a suspect without taking informed consent. In Ritesh Sinha case, the apex court, by using extraordinary powers under article 142 of the Indian Constitution, has made contingent arrangement to empower a magistrate in this regard till the Parliament enacts the law. The court verdict has dealt with several significant issues related to self-incrimination and power of a court in expanding the scope of law in absence of unequivocal legislative intent. – Reproduced

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