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Report No. 87

5.9. Second alternative preferable.-

In comparison, the second alternative1 mentioned by us-amending the Act of 1920-appears to be a smoother one. The Act is a more appropriate place for inserting the requisite provisions (both substantive and consequential). The substantive additions-power to require a person to sign-can be made without much violence to its present structure. Moreover, amendment of that Act would involve adding the least amount of statutory matter. The Act already contains detailed provisions dealing with matters incidental to, or consequential on, a direction to furnish the specified types of demonstrative evidence.

Any new power to be conferred could be dealt with suitably by an amendment of the relevant operative provision; and provisions incidental to the exercise of the new power could also be conveniently accommodated in the existing incidental provisions of the Act. In fact, by making minor amendments to sections 6 to 8 of the Act, incidental matters could be adequately provided for and this process would involve addition of the minimum amount of statutory matter. It is therefore preferable to amend the Act of 1920.

1. Para. 5.7, supra.

Identification of Prisoners Act, 1920 Back

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