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Report No. 87

4.3. True position as to competence.-

Legislative competence of Parliament as to the subject-matter of the Act cannot in our opinion, be doubted as it falls within "criminal procedure."1 Section 3 of the Act (which deals with obtaining the measurement of convicted persons) is, no doubt, concerned with persons in prison and could arguably be related to the legislative entry-'prison and prisoners.'3 But pretty large portions of the Act-particularly, sections 4 and 5 (and so much of sections 6 to 9 as provides for matters connected with sections 4 and 5), are really relatable to 'criminal law' and 'criminal procedure'-matters which fall in the Concurrent List.3 If the investigation of an offence can be regarded as a part of 'criminal procedure,' then certainly these sections of the Act should also be regarded as forming part there of.

1. Concurrent List.

2. State List, Entry 4.

3. Concurrent List, Entries 1-2.

Identification of Prisoners Act, 1920 Back

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