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Rahul Agarwal vs. State of West Bengal & Anr. (SC)

54.00 5.40

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Bharatiya Nagarik Suraksha Sanhita, 2023–Sec. 349, Proviso (Newly Inserted)–Whether the direction of this Court enabling the Magistrate to pass an order directing the accused to provide a voice sample would also apply in the case of a witness ?–Held, yes–This Court not has spoken only to the accused and specifically employed the word “a person”, consciously because the Rule against self-incrimination applies equally to any person whether he be an accused or witness–Impugned judgment passed by the Magistrate is liable to be upheld.