A plea was recently dismissed by the Rajasthan High Court in which the accused contended that his voice sample cannot lawfully be taken against his wishes, as that case would amount to self-incrimination under the purview of Article 20 of the Constitution of India. Article 20 (3) says that no individual who is deemed guilty of any offence shall be forced to be a witness against himself.
In front of the two-judge bench of Aftab Alam and Justices Ranjana Prakash Desai, the counsel submitted and observed that he was not pressing the challenge which said the order which was passed by the Magistrate is violative of the fundamental right given to the petitioner to protect himself from self-incrimination as is provided under Article 20(3) of the Constitution.
The court in accordance to this held: ‘To be a witness’ is not the same as ‘furnishing evidence’ in it’s the broadest significance; in other words, as it is not just speaking of oral or written statements but is also a production of documents or providing the necessary materials which may be relevant for a trial in order to determine the guilt or innocence of the accused.
