web analytics

Menu

Skip to content
Shades of Knife
  • Home
  • True Colors of a Vile Wife
  • Need Inspiration?
  • Blog Updates
  • SOK Gallery
  • Vile News Reporter
  • About Me
  • Contact Me

Shades of Knife

True Colors of a Vile Wife

Tag: Ritesh Sinha Vs State of Uttar Pradesh and Anr

Ritesh Sinha Vs State of Uttar Pradesh and Anr on 2 Aug 2019

Posted on June 4, 2025 by ShadesOfKnife

A full bench of the Supreme Court answer the references before it in the following way…

From Paras 5 and 6,

5. Two principal questions arose for determination of the appeal which have been set out in the order of Justice Ranjana Prakash Desai dated 7th December, 2012 in the following terms.
“(1) Whether Article 20(3) of the Constitution of India, which protects a person accused of an offence from being compelled to be a witness against himself, extends to protecting such an accused from being compelled to give his voice sample during the course of investigation into an offence?
(2) Assuming that there is no violation of Article 20(3) of the Constitution of India, whether in the absence of any provision in the Code, can a Magistrate authorize the investigating agency to record the voice sample of the person accused of an offence?”
6. While the first question was answered in the negative by both the learned Judges (Justice Ranjana Prakash Desai and Justice Aftab Alam) following the ratio of the law laid down in State of Bombay vs.Kathi Kalu Oghad1, difference of opinion has occurred insofar as second question is concerned.

From Para 10,

10. We may now proceed to answer the second question, namely, whether in the absence of any specific provision in the Cr.P.C. would a Court be competent to authorize the Investigating Agency to record the voice sample of a person accused of an offence. We are told that no authoritative pronouncement of this Court has been rendered by this Court.

From Para 12,

12. None of the said amendments specifically authorize or empower a Magistrate to direct an accused person or any other person to give his/her voice sample for the purposes of an inquiry or investigation under the Code. “Omission” of the Legislature to specifically so provide has led the learned judge (Justice Aftab Alam) on the two judge Bench to doubt as to whether legislative wisdom was in favour of a specific exclusion or omission so as to make a judicial exercise through a process of interpretation impermissible.

Finally, from Paras 24 and 25,

24. Would a judicial order compelling a person to give a sample of his voice violate the fundamental right to privacy under Article 20(3) of the Constitution, is the next question. The issue is interesting and debatable but not having been argued before us it will suffice to note that in view of the opinion rendered by this Court in Modern Dental College and Research Centre and others vs.State of Madhya Pradesh and others11, Gobind vs. State of Madhya Pradesh and another12 and the Nine Judge’s Bench of this Court in K.S. Puttaswamy and another vs. Union of India and others13 the fundamental right to privacy cannot be construed as absolute and but must bow down to compelling public interest. We refrain from any further discussion and consider it appropriate not to record any further observation on an issue not specifically raised before us.
25. In the light of the above discussions, we unhesitatingly take the view that until explicit provisions are engrafted in the Code of Criminal Procedure by Parliament, a Judicial Magistrate must be conceded the power to order a person to give a sample of his voice for the purpose of investigation of a crime. Such power has to be conferred on a Magistrate by a process of judicial interpretation and in exercise of jurisdiction vested in this Court under Article 142 of the Constitution of India. We order accordingly and consequently dispose the appeals in terms of the above.

Ritesh Sinha Vs State of Uttar Pradesh and Anr on 2 Aug 2019

Citations: [2019 INSC 855]

Other Sources:

https://indiankanoon.org/doc/18061439/

https://www.casemine.com/judgement/in/5d5259333321bc4b5e57ce07

https://www.indianemployees.com/judgments/details/ritesh-sinha-vs-the-state-of-uttar-pradesh-anr

https://www.nayalegal.com/ritesh-sinha-v-state-of-up-2019

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 3-Judge (Full) Bench Decision Catena of Landmark Judgments Referred/Cited to Landmark Case Legal Procedure Explained - Interpretation of Statutes Referred to Large Bench Reportable Judgement or Order Ritesh Sinha Vs State of Uttar Pradesh and Anr | Leave a comment

Search within entire Content of “Shades of Knife”

My Legal X Timeline

Advocate Sandeep Pamarati ๐Ÿ‡ฎ๐Ÿ‡ณ๐Ÿ’ช๐Ÿ‘จ๐Ÿปโ€๐ŸŽ“ Follow

AP High Court Advocate with M Tech (CS) || 12 years in 'Software Industry' as Solution Architect || Blogs at https://t.co/29CB9BzK4w || #TDPTwitter

SandeepPamarati
Retweet on Twitter Advocate Sandeep Pamarati ๐Ÿ‡ฎ๐Ÿ‡ณ๐Ÿ’ช๐Ÿ‘จ๐Ÿปโ€๐ŸŽ“ Retweeted
narendramodi

Narendra Modi

Verified account @narendramodi ·
20 Oct

Today, on the special occasion of RSS Sthapana Divas, my greetings to all Swayamsevaks. I also pay homage to all those greats who have nurtured the RSS over the years.

The RSS has completed a remarkable century of service, nation-building and social harmony. Countless

Reply on Twitter 2112404199615115737 Retweet on Twitter 2112404199615115737 8923 Like on Twitter 2112404199615115737 49163 X 2112404199615115737
Retweet on Twitter Advocate Sandeep Pamarati ๐Ÿ‡ฎ๐Ÿ‡ณ๐Ÿ’ช๐Ÿ‘จ๐Ÿปโ€๐ŸŽ“ Retweeted
vlkas_pr0nam0

Viเค•เคผas

Verified account @vlkas_pr0nam0 ·
20 Oct

This is what the real Gen Z think about CJP and other Anti Nationals ๐Ÿคก

Reply on Twitter 2112512156776411535 Retweet on Twitter 2112512156776411535 2025 Like on Twitter 2112512156776411535 9975 X 2112512156776411535
Retweet on Twitter Advocate Sandeep Pamarati ๐Ÿ‡ฎ๐Ÿ‡ณ๐Ÿ’ช๐Ÿ‘จ๐Ÿปโ€๐ŸŽ“ Retweeted
rishibagree

Rishi Bagree

Verified account @rishibagree ·
19 Oct

PM Modi literally forced Pakistani and Bangladeshi to wave Indian flag and sing Indian national Anthem ๐Ÿ”ฅ

Reply on Twitter 2112206683229520142 Retweet on Twitter 2112206683229520142 1591 Like on Twitter 2112206683229520142 7587 X 2112206683229520142
Retweet on Twitter Advocate Sandeep Pamarati ๐Ÿ‡ฎ๐Ÿ‡ณ๐Ÿ’ช๐Ÿ‘จ๐Ÿปโ€๐ŸŽ“ Retweeted
hphobiawatch

Hindutva Knight

Verified account @hphobiawatch ·
19 Oct

RSS wing in Japan HSS

Reply on Twitter 2112119154967023698 Retweet on Twitter 2112119154967023698 2578 Like on Twitter 2112119154967023698 18630 X 2112119154967023698

Recent Posts

  • Brijesh Rajkumar Suri Vs Navita Brijesh Suri on 16 Sep 2026 October 20, 2026
  • Rajkumar Madki Vs Dr. Shailendra Beldale on 16 Oct 2026 October 20, 2026
  • Ram Singh Vs State of UP on 21 Feb 2024 October 19, 2026
  • G.Abdul Rafi Vs State of AP and Anr on 12 Aug 2026 October 18, 2026
  • Case Lifecycle Explorer – BNS s.85, DV Act and Maintenance October 16, 2026

Most Read Posts

  • Parvinder Singh Khurana Vs Enforcement of Directorate on 19 May 2026 (1,234 views)
  • Application for Exemption from Personal Appearance During Investigation โ€“ Format, Procedure & Sample Draft (1,129 views)
  • Application for Modification of Bail Conditions โ€“ Format, Procedure & Sample Draft (1,017 views)
  • Myth vs Reality: Bail in 498A Cases โ€“ Legal Position Explained (975 views)
  • Exemption Application Under Section 205 CrPC โ€“ Format, Procedure & Sample Draft (947 views)
  • Representation for Deletion of Name from FIR โ€“ Format, Procedure & Sample Draft (940 views)
  • Pune Bar Association Vs Union of India on 22 May 2026 (871 views)
  • Life Cycle Stages of a Criminal Writ Petition Before a High Court (816 views)
  • Dr. Garima Dubey and Ors Vs Dr. Saurabh Anand Dubey on 21 Apr 2026 - Judgement Summary (768 views)
  • Surety Affidavit Format โ€“ Draft, Legal Requirements & Sample Template (760 views)

Tags

Reportable Judgement or Order (451)2-Judge (Division) Bench Decision (435)Legal Procedure Explained - Interpretation of Statutes (390)Landmark Case (390)1-Judge Bench Decision (381)Catena of Landmark Judgments Referred/Cited to (303)Work-In-Progress Article (215)3-Judge (Full) Bench Decision (102)Sandeep Pamarati (92)Article 21 - Protection of life and personal liberty (80)Issued or Recommended Guidelines or Directions or Protocols to be followed (72)Perjury Under Section 340 CrPC (71)Absurd Or After Thought Or Baseless Or False Or General Or Inherently Improbable Or Improved Or UnSpecific Or Omnibus Or Vague Allegations (63)Reprimands or Setbacks to YCP Govt of Andhra Pradesh (49)Summary Post (47)CrPC 482 - Quash (44)Abuse Or Misuse of Process of Court (44)CrPC 125 or BNSS 144 - Order for Maintenance of Wives Children and Parents (43)HM Act Sec 13 - Divorce Granted to Husband (42)Divorce Granted on Cruelty ground (42)

Categories

Supreme Court of India Judgment or Order or Notification (772)Bare Acts or State Amendments or Statutes or GOs or Notifications issued by Central or State Governments (329)High Court of Andhra Pradesh Judgment or Order or Notification (193)High Court of Delhi Judgment or Order or Notification (168)High Court of Bombay Judgment or Order or Notification (112)High Court of Karnataka Judgment or Order or Notification (96)Legal Procedure/Tool (86)High Court of Madras Judgment or Order or Notification (71)High Court of Allahabad Judgment or Order or Notification (63)LLB Study Material (60)General Study Material (56)Assorted Court Judgments or Orders or Notifications (54)High Court of Punjab & Haryana Judgment or Order or Notification (53)High Court of Kerala Judgment or Order or Notification (48)Judicial Activism (for Public Benefit) (47)Prakasam DV Cases (46)District or Sessions or Magistrate Court Judgment or Order or Notification (44)High Court of Madhya Pradesh Judgment or Order or Notification (38)High Court of Telangana Judgment or Order or Notification (29)High Court of Calcutta Judgment or Order or Notification (28)

Recent Comments

  • Aman Kumar on Case Lifecycle Explorer – BNS s.85, DV Act and Maintenance
  • ShadesOfKnife on How to Challenge Ex Parte Orders in Criminal and Matrimonial Proceedings โ€“ Legal Remedies
  • pradeep jain on How to Challenge Ex Parte Orders in Criminal and Matrimonial Proceedings โ€“ Legal Remedies
  • Lawyer Sonia on Regular Bail Application Format (Section 437/439 CrPC)
  • vinod gupta on Reply to Section 41A CrPC Notice โ€“ Format with Legal Explanation

Archives of SoK

  • October 2026 (12)
  • September 2026 (13)
  • August 2026 (6)
  • July 2026 (19)
  • June 2026 (19)
  • May 2026 (24)
  • April 2026 (33)
  • March 2026 (42)
  • February 2026 (30)
  • January 2026 (21)
  • December 2025 (2)
  • November 2025 (3)
  • October 2025 (17)
  • September 2025 (12)
  • August 2025 (5)
  • July 2025 (10)
  • June 2025 (15)
  • May 2025 (3)
  • April 2025 (10)
  • March 2025 (7)
  • February 2025 (8)
  • January 2025 (1)
  • December 2024 (3)
  • November 2024 (4)
  • October 2024 (16)
  • September 2024 (15)
  • August 2024 (14)
  • July 2024 (11)
  • June 2024 (18)
  • May 2024 (13)
  • April 2024 (9)
  • March 2024 (23)
  • February 2024 (15)
  • January 2024 (11)
  • December 2023 (11)
  • November 2023 (9)
  • October 2023 (13)
  • September 2023 (12)
  • August 2023 (15)
  • July 2023 (17)
  • June 2023 (11)
  • May 2023 (6)
  • April 2023 (5)
  • March 2023 (10)
  • February 2023 (9)
  • January 2023 (12)
  • December 2022 (12)
  • November 2022 (8)
  • October 2022 (13)
  • September 2022 (17)
  • August 2022 (10)
  • July 2022 (21)
  • June 2022 (27)
  • May 2022 (23)
  • April 2022 (32)
  • March 2022 (17)
  • February 2022 (6)
  • January 2022 (2)
  • December 2021 (7)
  • November 2021 (7)
  • October 2021 (6)
  • September 2021 (10)
  • August 2021 (31)
  • July 2021 (45)
  • June 2021 (17)
  • May 2021 (17)
  • April 2021 (18)
  • March 2021 (58)
  • February 2021 (14)
  • January 2021 (50)
  • December 2020 (35)
  • November 2020 (68)
  • October 2020 (67)
  • September 2020 (28)
  • August 2020 (41)
  • July 2020 (20)
  • June 2020 (36)
  • May 2020 (40)
  • April 2020 (38)
  • March 2020 (26)
  • February 2020 (43)
  • January 2020 (35)
  • December 2019 (34)
  • November 2019 (4)
  • October 2019 (18)
  • September 2019 (57)
  • August 2019 (33)
  • July 2019 (12)
  • June 2019 (18)
  • May 2019 (5)
  • April 2019 (19)
  • March 2019 (58)
  • February 2019 (11)
  • January 2019 (90)
  • December 2018 (97)
  • November 2018 (43)
  • October 2018 (31)
  • September 2018 (73)
  • August 2018 (47)
  • July 2018 (143)
  • June 2018 (92)
  • May 2018 (97)
  • April 2018 (59)
  • March 2018 (8)

Blogroll

  • Daaman Promoting Harmony 0
  • Fight against Legal Terrorism Fight against Legal Terrorism along with MyNation Foundation 0
  • Good Morning Good Morning News 0
  • Insaaf India Insaaf Awareness Movement 0
  • MyNation Hope Foundation Wiki 0
  • MyNation.net Equality, Justice and Harmony 0
  • Sarvepalli Legal 0
  • Save Indian Family Save Indian Family Movement 0
  • SIF Chandigarh SIF Chandigarh 0
  • The Male Factor The Male Factor 0
  • Unitedmen Foundation a dedicated community forged with the mission to unite men facing legal challenges in marital disputes. 0
  • Vaastav Foundation The Social Reality 0
  • Vinayak my2centsworth – This blog is for honest law abiding men, married or planning to get married 0
  • Voice4india Indian Laws, Non-profits, Environment 0
  • Writing Law Writing Law by Ankur 0

RSS feed: Cloudflare Status Cloudflare Status

  • KTM (Kathmandu) on 2026-11-02 November 2, 2026
    Oct 8, 16:40 UTCScheduled - We will be performing scheduled maintenance in KTM (Kathmandu) datacenter between 2026-11-02 21:00 and 2026-11-03 01:00 UTC. Traffic might be re-routed from this location, hence there is a possibility of a slight increase in latency during this maintenance window for end-users in the affected region. For PNI / CNI customers […]
    Cloudflare Status

RSS feed: List of Spam Server IPs from Project Honeypot List of Spam Server IPs from Project Honeypot

  • 188.75.3.66 | S October 22, 2026
    Event: Bad Event | Total: 9 | First: 2026-09-30 | Last: 2026-10-22
Owned and Operated by Advocate Sandeep Pamarati and Advocate Suprajaa Rajan
Proudly powered by WordPress
Theme: Flint by Star Verte LLC

Bad Behavior has blocked 265 access attempts in the last 7 days.

pixel