AI Overview...
Summary of 2019 20 SCC 2017
-
Right to Privacy & Article 20(3) of the Constitution
The Supreme Court examined the intersection of the right to privacy with Article 20(3), which protects against self-incrimination. The Court held that the collection of voice samples for investigative purposes does not violate Article 20(3) or the right to privacy, provided due process is followed. The Court emphasized that voice samples are akin to fingerprint or handwriting samples, which are permissible for identification purposes.
References: Brahampal Singh Rana VS State Of Haryana - Punjab and Haryana, KAMAL PAL VS STATE OF PUNJAB - Punjab and Haryana -
Legal Validity of Voice Samples in Criminal Investigations
The Court clarified that taking voice samples under the Criminal Procedure Code (Cr.P.C.) is a lawful investigative measure and does not infringe upon constitutional rights if conducted lawfully. The Court distinguished between involuntary self-incrimination and voluntary collection of biometric data for identification.
Reference: KAMAL PAL VS STATE OF PUNJAB - Punjab and Haryana -
Application of the Prevention of Corruption Act & Other Statutes
The Court discussed how statutory provisions, including amendments and specific Acts like the Prevention of Corruption Act, interact with constitutional protections. It noted that procedural safeguards are essential but do not impede lawful investigative procedures.
References: Ravi Parkash Sharma VS State Of Punjab - Punjab and Haryana, Brahampal Singh Rana VS State Of Haryana - Punjab and Haryana -
Arbitration & Dispute Resolution
Several cases addressed arbitration clauses and the jurisdiction of courts versus arbitration tribunals, emphasizing the importance of contractual clauses and statutory frameworks in resolving disputes.
References: Abb India Limited VS Bharat Heavy Electricals Limited - Delhi, Navin Kumar Gupta vs New Delhi Municipal Council - Delhi, T. G. Boobalakrishnan VS Truliv Properties and Services Private Limited - Madras -
Judicial Functions & Habeas Corpus
The Court reiterated that certain judicial functions, such as directing remand, are not subject to challenge via habeas corpus, reinforcing the separation of judicial powers.
References: Salamdin Miyan S/o-Asmahmad Miyan VS State of Bihar through the Principal Secretary - Patna
Analysis and Conclusion
The core insight from the 2019 SCC 20 case is that the collection of voice samples for investigative purposes is constitutionally permissible and does not violate the right to privacy or Article 20(3), provided procedural safeguards are observed. The Court’s interpretation aligns biometric collection with other identification methods, balancing investigative needs with constitutional rights. This decision clarifies the lawful scope of biometric data collection in criminal investigations and affirms the primacy of due process.
References:
- Brahampal Singh Rana VS State Of Haryana - Punjab and Haryana
- KAMAL PAL VS STATE OF PUNJAB - Punjab and Haryana
- Ravi Parkash Sharma VS State Of Punjab - Punjab and Haryana
Search Results for "2019 20 Scc 2017"
2022 0 Supreme(P&H) 605 • India - Punjab and Haryana
AVNEESH JHINGAN
Voice Sample - Right to Privacy - Article 20(3) of the Constitution of India - 2019 (8) SCC 1, AIR 1961 SC 1808, 2016(3) S.C.T ... . 35, 2017 (10) SCC 1 - The court discussed the interpretation of Article 20(3) of the Constitution of India in relation to the right ... The petitioner objected, citing violation of Article 20(3) of the Constitution of India and infringement of the right to privacy. ... State of Uttar Pradesh; 2019 (8) SCC#HL_E....
2022 0 Supreme(Pat) 72 • India - Patna
ASHWANI KUMAR SINGH, RAJEEV RANJAN PRASAD
; (2019) 5 SCC 266; 2020 (2) PLJR 15; (2017) 10 SCC 800 ... (Paras 18, 19 and 20) (2014) 13 SCC 436; (2018) 9 SCC 745(2019) 5 SCC 266], the Supreme Court has held that the action of directing remand of an accused is a judicial function and challenge to the same is not to be entertained in habeas corpus writ petition. 18. ... Union of India & Anr., [(2017) 10 SCC 800], categorically held that in ca....
2020 0 Supreme(Del) 570 • India - Delhi
C.HARI SHANKAR
State of Himachal Pradesh, (2019) 2 SCC 488, wherein it was held that the provisions of the Amendment Act, 2015 shall not apply to ... 20. ... Clause 20.1 of the contract, in Bharat Broadband Network Ltd, (2019) 5 SCC 755 , required disputes to be referred to the sole arbitration of the ... 2017 SCCOnLineDel 7808 , S. ... The arbitration clause, in the agreement between BBNL and UTL, read thus: "20. ... Thereafter, consequent on the rendition of t....
2023 0 Supreme(Pat) 929 • India - Patna
MOHIT KUMAR SHAH
(2019) 20 SCC 705, 1992 (2) PLJR 854, 2016 (4) PLJR 122, (2009) 14 SCC 294, (2001) 5 SCC 570 paras 15, 17, 19 & 23 (2017) 13 SCC 414 ... (Paras 20 & 26) (1982) 2 SCC 134, a href='00100063157' ... Thummala Krishna Rao & Another) (II) (2019) 20 SCC 705 (Kaikhosrou (Chick) Kavasji Framji vs. Union of India & Another) (III) 1992 (2) PLJR 854 (Smt. Rekha Singh & Others vs. ... Gurbach....
• India - Delhi High Court
C.HARI SHANKAR
HSCC (India) Ltd. (2020) 20 SCC 760, and TRF Limited v Energo Engineering Project Limited (2017) 8 SCC 377 - The unilateral appointment ... United Telecoms Ltd. (2019) 5 SCC 755, Perkins Eastman Architects DPC v. ... , (2019) 5 SCC 755, Perkins Eastman Architects DPC v. HSCC (India) Ltd., (2020) 20 SCC 760 and TRF Limited v Energo Engineering Project Limited, (2017) 8 SCC 377,....
2022 0 Supreme(P&H) 408 • India - Punjab and Haryana
AVNEESH JHINGAN
Voice Sample - Prevention of Corruption Act, 1988 - Article 20(3) of the Constitution of India - 2019 (8) SCC 1, AIR 1961 SC 1808 ... , 2016(3) S.C.T. 35, 2016) 7 SCC 353, (1975) 2 SCC 148, 2018(1) RCR (Civil) 398, 2017 (10) SCC 1 - The court discussed the interpretation ... Fact of the Case: FIR No. 10 dated 9.5.2019 was registered under the Prevention of Corruption Act, 1988 against individuals ... State of Uttar Pradesh; 2019 (....
2022 0 Supreme(Mad) 3920 • India - Madras
C. V. KARTHIKEYAN
, the dispute could not be brought under the Tamil Nadu Regulation of Rights and Responsibilities of Landlords and Tenants Act, 2017 ... referred to arbitration as it is governed by The Tamil Nadu Regulation of Rights and Responsibilities of Landlords and Tenants Act, 2017 ... referred to arbitration or was governed by the Tamil Nadu Regulation of Rights and Responsibilities of Landlords and Tenants Act, 2017 ... Durga Trading Corporation [(2021) 2 SCC 1] expressed by the Coordinate Bench while answering the reference ma....
2025 5 Supreme 58 • India - Supreme Court
SUDHANSHU DHULIA, AHSANUDDIN AMANULLAH
(Paras 15, 16, 19, 20, 21, 22 and 23) Facts of the case: FIR registered under Sections ... The view in Bhushan Kumar (supra) was reiterated in Mehmood Ul Rehman v Khazir Mohammad Tunda, (2015) 12 SCC 420 and State of Gujarat v Afroz Mohammed Hasanfatta, (2019) 20 SCC 539. ... The Additional Judicial Commissioner took cognizance against Vishnu Sahu and Appellants on 13.06.2019 in SC/ST Case No.08/2017. ... On 20.01.2017, an Order was....
2021 0 Supreme(P&H) 552 • India - Punjab and Haryana
AVNEESH JHINGAN
of Cr.P.C. - 2019 (8) SCC 1 - AIR 1961 SC 1808 - 2016(3) S.C.T. 35 - 2017 (10) SCC 1 Fact of the Case: The Vigilance ... The petitioners challenged this order, citing violation of Article 20(3) and right to privacy. ... Voice Samples - Right to Privacy - Code of Criminal Procedure, 1973 - Article 20(3) of the Constitution of India - Section 53 ... State of Uttar Pradesh; 2019 (8) SCC 1, held that the directions to take voice sample does not infringe....
2023 0 Supreme(Pat) 297 • India - Patna
MOHIT KUMAR SHAH
, 67, 68 & 71, 2019 SCC Online Del 8801 paras 63, 68 & 69, 2018 SCC Online Del 7626 paras 2, 3, 7, 16, 20, 21 to 23, 2018 SCC Online ... No. 13954/2012 D/- 18.10.2012 (All) paras 7 to 18, 2017 SCC Online Delhi 7451, 2018 SCC Online Del 11640 paras 20, 28, 41, 51, 65 ... Del 11640 paras 1, 2, 6, 14, 18, 19, 20, 23, 32 and 34 – Referred. ... No. 205 of 2017, reported in 2018 SCC On....
Filter by Legal Phrase
