Report No. 87
3.14. Principle underlying the Act.-
It may be observed that the Act proceeds upon the principle that the less serious the offence, the more restricted should be the power to make coercive measures. Correspondingly, the more serious the offence, the wider the power to take coercive measures conferred by the Act. Thus, section 3 (which is mainly confined to offences of a serious nature) confers the specified powers on police officer. But, in contrast, section 5 (which has a much wider scope) requires magisterial orders before coercive measures can be taken thereunder. Section 5 is applicable to action to be taken for the purposes of "any investigation or proceeding under the Code of Criminal Procedure." (provided the person has been previously arrested) and is thus much wider than section 3).
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