AIROnline 2025 SC 966

Constitution of India , Art.20(3)— Bharatiya Nagarik Suraksha Sanhita (46 of 2023) , S.349— Voice sample – Order for collection of – Legality – Order of Magistrate permitting voice sample test was set aside by High Court on ground that similar question was referred to a Larger Bench – Said reference had already been closed – Plea that collection of voice sample would lead to infringement of right of witness under Art.20(3), which on comparison of the voice sample could result in arraigning witness as an accused – Supreme Court has held that Magistrate can direct a person to give voice sample even in absence of express provision in CrPC – ‘Person’ would include accused as well as witness – Presently, power to order a person to give voice sample has been specifically incorporated in S 349 BNSS – Mere furnishing of a sample would not incriminate the person – Order of Magistrate was restored.
AIROnline 2025 CAL 783-ReversedAIR 2019 SC 3592-Followed

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