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Report No. 87

5.3. Section 49, Cr. P.C., 1973.-

Moreover, it is against the spirit of the Code of Criminal Procedure to read any implied power to direct a person to give a specimen of his signature under pain of penalty or to furnish other physical evidence. In this context, section 49 of the Code of Criminal Procedure quoted below is relevant-

"49. The person arrested shall not be subjected to more restraint than is necessary to prevent his escape". Thus, even if the testimony sought to be procured thereby is not of a "communicative" nature, the use of coercive measures would be illegal unless specific statutory authority exists. This shows the significance of sections 3-5, which confer such authority in regard to measurements as well as photographs.

Identification of Prisoners Act, 1920 Back

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