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In a case of drunken driving, blood alcohol level is crucial evidence that is required in order to determine the drunkenness of an individual.
But can someone be compelled to give their blood sample or is it violative of the constitutional principle of not being a witness unto himself or the right against self incrimination?
“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.”- The Supreme Court has held.
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