Report No. 37
181. Sections 46 to 50.- No change is needed in existing sections 46 to 50.
182. Section 51.-
Section 51 is an important section, and has been considered by us at length. We may first note a small point, namely, whether it is necessary to replace the exception by a provision that the wearing apparel shall not be removed unless a substitute is provided. We think that no such change is needed.
183. Section 51 and medical examination of the accused.-
The question whether a provision authorising medical examination of the accused at the stage of investigation was needed, was considered by us in detail. The provisions in the Identification of Prisoners Act, 1920 and the Prisoners Act, were examined, and the scope of Article 20(3) of the Constitution also discussed.
Our conclusions on the subject are as follows1:-
(i) The existing law does not authorise medical or physical examination of the accused in aid of investigation (except to the limited extent provided for in the Identification of Prisoners Act or other special law).
The provision in the Prisoners Act is intended for a different purpose, namely, check-up of a prisoner for contagious diseases etc.
(ii) It is desirable to amend the Code of Criminal Procedure by inserting a provision on the subject.2
(iii) The second part of section 259, Queensland Criminal Code, which appeared to be a useful precedent, should be incorporated in our Code, with suitable adaptation.
(iv) The provision proposed to be added would not violate Article 20(3) of the Constitution.
(v) It is unnecessary to provide for matters not provided for in the Queensland section.
1. For detailed discussion, see Appendix 6.
2. See section 52A (as proposed).
184. Section 51 and articles of daily use.-
With reference to section 51, it has been suggested1 that articles of daily personal use and books etc. should be added in the Exception to section 51. We think, however, that it is unnecessary so to widen the section.
1. F. 27(5)/54-Judl. (Home Ministry File), Appendix II, Item (4).
185. Section 52.- No change is needed in existing section 52.
186. Section 52A (New).- As to section 52A (New), the matter has been discussed already.1
1. See discussion relating to section 51 and medical examination.
187. Section 53.- No change is needed in section 53.
188. Section 54.-
Section 54 is a very important section, dealing as it does with the law of arrest. The most important part of the section is that which gives power of arrest in respect of cognizable offences. Whether an offence is cognizable or not depends on the relevant entry in the Second Schedule. Here we shall note only the points whereon a change in the section itself is required or has been urged in the suggestions.
189. Section 54, clause Ninthly, needs to be amended by adding the words "whether such requisition is in writing or not", as there is a controversy on the point.1
1. See (i) State v. Ramchandra, AIR 1955 All 438 (440).
(ii) Roshan Lal, AIR 1950 MB 83.
190. Section 54-suggestion to limit powers.-
We are not inclined to accept the suggestion1 to limit the various clauses of section 54, or to provide for investigation of the (grounds of) arrest by a judicial officer.
1. F. 27(5) 54-Judl. (Home Ministry File), Appendix II, Item 5.