Supreme Court Upholds Judicial Power to Collect Voice Samples for Investigation Purposes

In a recent judgment, the Supreme Court of India confirmed the power of Judicial Magistrates to order the collection of voice samples for investigation purposes until explicit provisions are enacted in the Code of Criminal Procedure (CrPC) by Parliament. The decision came in a case where the petitioner, Pravinsinh Nrupatsinh Chauhan, had challenged the collection of his voice sample by the police, arguing that it infringed upon his right to privacy.

The Court referred to the landmark case of Ritesh Sinha vs. State of Uttar Pradesh (2019), which established that a Judicial Magistrate possesses the authority to order the collection of voice samples until specific provisions are introduced in the CrPC by Parliament. This power was deemed to be within the purview of judicial interpretation and Article 142 of the Indian Constitution.

Addressing the petitioner's concern regarding the violation of the right to privacy, the Court clarified that the fundamental right to privacy is not absolute and must yield to compelling public interest. It concluded that the collection of voice samples for investigation purposes does not infringe upon an individual's fundamental right to privacy under Article 20(3) of the Constitution.

Supreme Court dismissed the petitioner's plea and upheld the judgments of the High Court and the Special Court, which had ordered the collection of the voice sample from the accused to facilitate the ongoing investigation.

Decided on: 15.05.2023

Pravinsinh Nrupatsinh Chauhan vs State of Gujarat