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Report No. 87

3.12. Dichotomy.-

Here the Act employs a dichotomy. It makes a distinction between-(i) situations where the power to take such evidence is given to a police officer (of the prescribed rank), and (ii) situations where an order of the Magistrate is considered a pre-requisite before taking such evidence. The distinction so made is obviously based on the solicitude of the law for the freedom of the individual even while he is under arrest.

Identification of Prisoners Act, 1920 Back

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