In the case of Kamal Pal v. the State of Punjab, the Punjab and Haryana High Court have ruled
that if any judicial order is passed which allows for collecting the voice sample of a person for the aim of police
investigation shall not be considered as violated of right to privacy or the immunity against the self-incrimination as per Article 20, clause 3 of the Constitution of India. It was also noted that as
per the advancement in technology and the changing channels of communication, the new
technologies must be used in order to compare and collect the evidence so that the judiciary is kept pace with the changes. It was noted that the fundamental right to have privacy cannot be taken as an absolute right rather it must be bored down in order to compel with the public interest.
The court noted that that the Magistrate has the power to make an authorization for recording the voice samples when there is an absence of any of the specific provisions in any code. The Supreme Court of India also exercised its power under Article 142 of the Constitution of India till a specific provision is not enumerated in CrPC for the taking of voice samples and conceded the same power on Judicial Magistrate for giving order if there is a need for voice sample.