Report No. 87
5.18. Need to improve the section.-
We are of the opinion that many of these amendments, in view of their importance to the detection and prevention of crime and the maintenance of records of suspected criminals and otherwise with reference to achieve satisfactorily the various objects of identification, deserve to be adopted for the whole of India. While some of them are of local interest, a few others have art all-India importance. At the same time, we are not inclined to make the scope of the section very wide. As regards persons arrested by the police under section 41, it is enough to include section 41(2) of the Code of quoted below:-
"41.(2). Any officer in charge of a police station may, in like manner, arrest or cause to be arrested any person, belonging to one or more of the categories of persons specified in section 109 or section 110."
Section 151(1) of the Code may be expressly covered. It reads-
"151. (1) A police officer knowing of a design to commit any cognizable offence may arrest, without orders from a Magistrate and without a warrant, the person so designing, if it appears to such officer that the commission of the offence cannot be otherwise prevented."
Section 19 of the Dangerous Drugs Act, 1930 has already been referred to. It punishes a person who "engages in or controls any trade whereby a dangerous drug is obtained outside India and supplied to any person outside India, otherwise than in accordance with conditions of the licence granted under the Act."
Section 7 of the Drugs & Magic Remedies (Objectionable Advertisements) Act, 1954 punishes a person who "contravenes any of the provisions of the Act or the rules made thereunder".
Section 8 of the Suppression of Immoral Traffic in Women & Girls Act, 1956 punishes the act of abducting or soliciting for the purposes of prostitution.
Section 4 of the Passport (Entry into India) Act, 1920 provides for the arrest of "any person who has contravened or against whom a reasonable suspicion exists that he has contravened any rule or order made under section 3."
Section 5 of the Passport (Entry into India) Act, 1920 provides for the issue of a direction or order for the "removal of any person from India who, in contravention of any rule made under section 3 prohibiting entry into India without passport, has entered therein ".
Section 306 of the Code of Criminal Procedure, 1973 provides for the tender of pardon to any person supposed to have been directly or indirectly concerned in, or privy to, an offence to which the section applies. Pardon is tendered to such person on condition of his making a full and true disclosure.
Section 307 of the same Code provides for the tender of pardon to any person supposed to have been directly or indirectly concerned in, or privy to, certain offences.
These are all offences which represent serious anti-social conduct likely to be indulged in frequently because of profits. Identification material-such as fingerprints and photographs-would be particularly useful in such cases.