Mr. Sanjay owned a small factory in Pune. In 2023, he was fined ₹50,000 by the Pollution Control Board for releasing untreated waste water into a nearby river. At that time, the law was to fine for such violations. Sanja

CS Executive · Jurisprudence, Interpretation and General Laws · PYQS · December 2025
Mr. Sanjay owned a small factory in Pune. In 2023, he was fined ₹50,000 by the Pollution Control Board for releasing untreated waste water into a nearby river. At that time, the law was to fine for such violations. Sanjay paid the fine and the case was closed. In 2024, the State Legislature amended the Environmental Law. Now the same offence carries mandatory imprisonment of one year along with fine. The authorities reopened Sanjay's old case and issued a warrant for his arrest under the new law even though the offence took place before the change. Police took Sanjay into custody and kept him in the police station for three days without producing him in front of a magistrate. During questioning, the officers forced him to give thumb impression and voice sample, arguing that it did not require his consent as they were not 'statements'. Sanjay was suffering from severe asthma. While in custody, he had a serious asthma attack but no proper medical care was provided. He collapsed finally before being taken to a hospital. Sanjay's family went to the High Court pleading that his fundamental rights under Article 20, 21 and 22 of the Constitution were violated. The State pleaded that the new law was necessary for public interest and environmental safety. Based on the above situation answer the following questions: (ii) Does compelling Sanjay to provide thumb impression and voice sample amount to violation of Article 20(3) of the Constitution? Explain.

Answer & Explanation:

Article 20(3) of the Constitution of India provides protection against self-incrimination. It states that "No person accused of any offence shall be compelled to be a witness against himself." This means that an accused person cannot be forced to give evidence that is of a testimonial nature, i.e., evidence that requires the use of his mental faculties to disclose personal knowledge about facts that could incriminate him. The Supreme Court in State of Bombay v. Kathi Kalu Oghad and others (1961) held that Article 20(3) protects only against testimonial compulsion. Physical evidence such as fingerprints, handwriting, blood samples, or voice samples can be lawfully obtained, even without consent, as they do not involve giving personal testimony. Thus, compelling Sanjay to give thumb impression and voice samples does not violate Article 20(3) of the Constitution.

Topics: Constitutional Law

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