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Report No. 87

4.5. Scope of "criminal procedure".-

It is true that these matters (i.e. the taking of fingerprints etc.) were not "included in the Code of Criminal Procedure" at the commencement of the Constitution, so that the inclusive portion of the relevant constitutional entry relating to "criminal procedure" may not literally apply to them. But that does not necessarily imply that they do not belong to the domain of "criminal procedure". The ambit of that concept is fairly wide, if properly understood. Though the taking of measurements etc. is not specifically mentioned in the Code of Criminal Procedure, it cannot be denied that it is part of the investigative process, its object being to arrive at a certain tentative conclusion on the basis of material so collected.



Identification of Prisoners Act, 1920 Back




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