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Nothing Illegal In Drawing Voice Sample Of Accused For Test

In Shri Rabindra Kumar Bhalotia Vs State rep.,by Inspector of Police, CBI, Chennai, the Madras High Court,  has upheld trial court orders allowing prosecution to draw voice sample of the accused persons for comparison with that of the questionable voice recorded in the course of intercepted telephonic conversion between the accused.

Justice G Jayachandran held that requesting the to give their voice sample for comparison with that of the questionable voice recorded in the course of intercepted telephonic conversion between them by no stretch of imagination falls within the mischief of testimonial compulsion.

The contention put forth by the counsel for the accused was that Section 311-A includes only ‘handwriting’, but ‘no voice samples’. Rejecting the said contention, the court observed: “Drawing of voice sample is only a measurement of waves emanating through vocal cord. It is only a measurement and fall within the meaning of physical examination and not testimonial compulsion. While so, it is incorrect to plead that in the absence of express provision enabling the investigation agency to draw the voice sample prohibits them to do so. Any methodology which does not have the trappings of invasiveness is permissible in law.”

 Article referred: http://www.livelaw.in/nothing-illegal-drawing-voice-sample-accused-test-madras-hc-read-orders/

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