NEW DELHI: In a landmark judgment, the Supreme Court on Friday held that judicial magistrates “must be conceded” the power to direct a person to give voice sample to investigating agencies to effectively further probe in a case.
It used its plenary power under Article 142 of the Constitution to fill the void in the Code of Criminal Procedure, which until now did not force people, accused in criminal offences, to give voice samples to probe agencies against their wish.
The top court said until “explicit provisions” are engrafted in the CrPC by Parliament, judicial magistrates would be empowered to order a person to give voice sample for probe.
A three-judge bench headed by Justice Ranjan Gogoi decided the issue after a two-judge bench had given a split verdict in December 2012 on the subject and referred it to a larger bench. (AGENCIES)