Wednesday, February 8, 2017

Gujarat high court takes sting out of audio evidence

In a recent order that will have far-reaching effects in matters of police probes and criminal prosecution, the Gujarat high court has ruled that police and courts do not have power to compel an accused to give voice samples for voice spectrography. With this there is no way investigators can verify whether the sound in audio file matches the voice of the accused.

While the court held that voice samples of an accused cannot be taken without hi consent, Justice J B Pardiwala also concluded that this process does not violate constitutional provisions which give an accused the right to remain silent. It is just that the courts and police have not been delegated powers to undertake this process by legislation.

No comments:

Post a Comment