Magistrate Can Compel Voice Samples In Domestic Violence Cases If Sufficient Electronic Evidence Exists: Bombay High Court
The husband sought a direction to compel his estranged wife to submit her voice samples for forensic examination, to verify alleged conversations suggesting her involvement in an extramarital affair.
Justice Shailesh Brahme, Bombay High Court
The Bombay High Court held that individuals can be compelled to provide voice samples, even in proceedings under the Protection of Women from Domestic Violence (PWDV) Act, provided there is sufficient material on record that could assist in proving relevant facts.
An appeal was filed by a husband and his family members who were respondents in a domestic violence case. The husband sought a direction from the court to compel his estranged wife to submit her voice samples for forensic examination, to verify alleged conversations suggesting her involvement in an extramarital affair.
A bench of Justice Shailesh Brahme said, “If there is adequate material on record having potential to prove the relevant facts, a person can be compelled to give voice sample. Such power is conceded with the Magistrate. Due to advent of technology, electronic evidence is being introduced. The electronic evidence is replacing conventional evidence. There is more need to invest such powers to the Magistrate who is a fact finding authority.. I find force in the submissions of learned counsel for the petitioners. Respondent is bound to give her voice sample to be referred to the forensic laboratory for verification.”
Advocate Nikhil P.Ghanwat appeared for the petitioners and Advocate Mukul S.Kulkarni appeared for the respondents.
The husband submitted the data to the trial court in the form of a memory card and a compact disc (CD), both certified in accordance with Section 65B of the Indian Evidence Act, which governs the admissibility of electronic records.
Despite this, the wife objected to the admissibility of the audio evidence, contending that the memory card and CD were not original sources and that the request for her voice sample was made at a belated stage in the proceedings.
The Court emphasized the growing significance of electronic evidence due to technological advancements and noted that such evidence is increasingly replacing traditional forms of evidence. The Court underscored that when there is prima facie material capable of proving crucial facts, the Magistrate has the authority to order voice sampling under their fact-finding powers. This is particularly relevant in matters under the PWDV Act, which, under Section 28(2), allows a Magistrate to adopt suitable procedures depending on the nature of the case.
The Court remarked that the probative value of the electronic material would be determined at the trial stage. He added, "The probative value of electronic material can be gone into during the course of trial. At this stage, it is inappropriate to discard the material on the ground that original was not placed on record or source and the genuineness of the electronic material is doubtful. This Court can not be oblivious of the fact that transcript at Exhibit-109 runs into 35 pages disclose prolonged conversation on different occasions."
The High Court allowed the husband's appeal, setting aside the earlier Magistrate’s order which had denied the request for the wife’s voice sample. The Court concluded that in appropriate circumstances, and when backed by relevant material, a Magistrate has the authority to compel a party to provide voice specimens even in cases arising under the Domestic Violence Act.
Cause Title: X & Ors. v. Y & Anr., [2025:BHC-AUG:14225]
