Testimonial Compulsion Obtaining specimen writing and thumb
impression from accused- Statement of accused in Police
custody used in evidence-If contravene constitutional
guarantee Constitution ... imply that compulsion was used for obtaining the
specimen handwritings. Even if there is compulsion, it does
not amount to testimonial compulsion. Action taken under
production of the incriminatory documents by the appellant under compulsion, amounted to testimonial compulsion. In support Sharma 's case ... testimonial compulsion is based, says:-
"I may say that the basic principle in favour of the doctrine of protection against testimonial compulsion is that
Indeed, every positive volitional act which furnishes evidence is testimony, and testimonial compulsion connotes coercion which procures the positive volitional evidentiary acts of the person ... this test, compulsion which requires an accused person to do any volitional act for furnishing evidence against himself amounts to testimonial compulsion, not the compulsion
ground, that allowing such a
request will amount to testimonial compulsion, and that
there is no provision in the Code of Criminal Procedure to
authorise ... order, directing the
accused to give voice specimen will amount to testimonial
compulsion under Article 20(3) of the Constitution of India,
and the other
itself will amount to
testimonial compulsion prohibited under Article
20(3) of the Constitution. The concept of
testimonial compulsion is relatable to the
protection given ... evidence. Indeed, every positive volitional
act which furnishes evidence is testimony,
and testimonial compulsion connotes coercion
which procures the positive volitional
evidentiary acts
Indeed every positive volitional act which furnishes evidence is testimony, and testimonial compulsion connotes coercion which procures the positive volitional evidentiary acts of the person ... learned trial Judge :- testimonial compulsion, therefore, is not a legal fetish. It is a necessity. Testimonial compulsion is the general rule. The constitutional prohibition
false statement or
false information. Learned senior counsel submits that such testimonial
compulsion against the second petitioner would, undoubtedly, amount
to incriminating him not only ... phrase to
be a witness is not merely in respect of testimonial compulsion
in the Court room but may well extend to compelled testimony
previously
ground, that allowing such a
request will amount to testimonial compulsion, and that
there is no provision in the Code of Criminal Procedure to
authorise ... order, directing the
accused to give voice specimen will amount to testimonial
compulsion under Article 20(3) of the Constitution of India,
and the other
Indeed, every positive volitional act which
furnishes evidence is testimony, and testimonial
compulsion connotes coercion which procures the
positive volitional evidential acts of the person ... itself will amount to
testimonial compulsion prohibited under Article
20(3) of the Constitution. The concept of testimonial
compulsion is relatable to the protection given
evidence. Indeed, every positive
volitional act, which furnishes evidence is testimony, and
testimonial compulsion connotes coercion which procures
the positive volitional evidentiary acts ... American decisions.” Indeed every
positive act which furnishes evidence is testimony and
testimonial compulsion connotes coercion which procures
positive oral evidence. The acts
