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Introduction: A Liberty-Centric Recalibration of Criminal Procedure In a significant reaffirmation of personal liberty, the Supreme Court has held that no person accused of an offence punishable with imprisonment up to seven years should be arrested unless such arrest is absolutely warranted . Emphasising that issuance of notice to cooperate with investigation is the norm , the Court ruled that arrest must remain a rare and carefully justified exception . This judgment assumes heightened importance as it offers one of the first authoritative interpretations of arrest-related provisions under the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 , which replaced the Code of Criminal Procedure, 1973 (CrPC) with effect from 1 July 2024 . Background of the Case and Reference Before the Court The ruling was delivered by a bench comprising Justice MM Sundresh and Justice N Kotiswar Singh , while answering a reference concerning the scope and mandatory nature of Section 35 of the BNSS . The cor...

In a significant development that clarifies an important aspect of criminal procedure, the Supreme Court of India has ruled that a court can order voice sample collection not only from the accused but also from witnesses , if such evidence is necessary for a criminal investigation. The ruling further strengthens the scope of forensic evidence admissibility while ensuring that such orders do not violate the constitutional protection against self-incrimination. Voice Samples Do Not Amount to Self-Incrimination A bench comprising Chief Justice of India Bhushan R. Gavai and Justice K. Vinod Chandran observed that the act of furnishing a voice sample does not violate Article 20(3) of the Constitution, which protects an accused person from being compelled to be a witness against themselves. The bench clarified that providing a voice sample falls in the same category as submitting fingerprints, handwriting, or signature specimens , none of which amount to testimonial compulsion. Quoti...