Taking voice sample of accused not infringement of Art.20(3) of Constitution – P&H HC

07 May 2024 8:19 AM

By: Admin

D.D 30^th March 2022

Whether getting voice sample of accused is infringement of Article 20 of Indian Constitution , No replied by P&H HC in Ravi Parkash Sharma Petitioner Versus State of Punjab D.D 30^th March 2022

One FIR was registered under the Prevention of Corruption Act against Dr. Lakhbir Singh Bhaghowalia and Sajan Kumar, who allegedly used to take illegal gratification from Managers and owners of the hotels and shops etc. In the investigation, it revealed that present petitioner along with other co accused were also involved along with Dr. Lakhbir Singh Bhaghowalia and Sajan Kumar in collecting gratification from owners or managers of the hotels. Their telephone conversation with Dr. Lakhbir Singh Bhaghowalia, and Sajan Kumar was taken into possession by the police. An application was filed by the prosecution for taking voice sample. Same was allowed by trial court. Petitioner approached High Court.

Petitioner contended on the ground that order is in violation of Article 20(3) of the Constitution of India and infringes the right of privacy.

Hon’ble High Court held that Voice sample in a sense resemble fingerprints and handwriting, each person has a distinctive voice with characteristic features dictated by vocal cavities and articulates. The samples are collected after having permission in accordance with law. The sample taken itself would not be evidence, rather they are for comparing the evidence already collected.

Taking voice sample not infringement of Art.20 of Constitution – P&H HC

Ravi Parkash Sharma Petitioner

Versus

State of Punjab