Wherein a drunk man is refusing to give his blood sample to check his alcohol level, can he be compelled to give his blood sample?
Or would the compelling of blood sample fall under the purview of violating his right to self incrimination granted to him under Art. 20(3) of the constitution of India?
“this Court finds that Art.20 (3) of the Constitution of India, which protects a person accused of an offence from being compelled to be a witness against himself, does not extend to protecting such an accused from being compelled to give his sample of blood etcetera for the purposes mentioned in S.53 of the CrPC during the course of investigation into an offence. Therefore, I find no infirmity in the order impugned “, the court finds.