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Report No. 87

1.3. Scope of legal discussions so far.-

Legal discussions in India during the past 20 years or so concerning various measures of identification adopted by the police have centered mainly on the constitutional prohibition against self-incrimination laid down in Article 20(3) of the Constitution-or sometimes on the value of a particular species of identificatory evidence. The effect of the constitutional prohibition is now, as a result of a series of judgments of the Supreme Court, fairly clear. So far as is relevant to the present discussion, it can be stated that compulsion to procure "non-communicative" evidence is not prohibited by the Constitution. As regards the value of particular species of identificatory evidence, again, the position is now fairly clear as a result of decisions of various courts.



Identification of Prisoners Act, 1920 Back




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