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Report No. 87

5.8. Amendment of the Code not preferred.-

The first alternative1 would be to amend the Code of Criminal Procedure, 1973 by inserting suitable provisions either in the Chapter of that Code relating to investigation (say, as sections 165A, 165B and so on) or in the Chapter dealing with search. In that case, however, a number of further provisions-provisions by way of penalties, definitions and rules-would have to be inserted to deal with several incidental matters, and these might spoil the compactness of Chapter 14 of the Code, if not the symmetry of the entire Code. Moreover, for the detailed implementation of the power proposed to be added, some matters would have necessarily to be left to rules-a course which does not fit in with the general pattern and style of the Code. An amendment of the Code would therefore suffer from certain serious drawbacks.

1. Para. 5.7, supra.

Identification of Prisoners Act, 1920 Back

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