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Report No. 87

1.7. Need for balance.-

The Report is therefore concerned with coercive measures employed in the investigative process. In the formulation of such coercive measures, a balance has to be struck between the rights of an individual and the imperative need in the interests of the society for the protection and punishment of crime. This is not an easy task. It is beset with difficulties.

There are in conflict two competing interests-the interest of the citizen to be protected from invasion of his physical privacy and the interest of the State to secure evidence which has a bearing upon the commission of crime are in conflict. Reconciliation of the two is the basic problem. Of course, we are here using the expression "privacy" as indicating those values which a civilised society would like to cherish for protecting the human desire for secrecy and anonymity as also for freedom from physical interference. The discussion is not intended to imply that such a right in all its amplitude is recognised in Indian law.

Identification of Prisoners Act, 1920 Back

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