Report No. 87
5.25. Suggestion of Supreme Court.-
In India, the deficiency in section 5, resulting from the absence of a provision as to the taking of signature became crucial in the case before the Supreme Court.1 The Supreme Court, after holding that section 73 of the Indian Evidence Act did not apply at the stage of investigation, made the following pertinent observations:-
"We accordingly dismiss the appeal and while doing so, we would suggest that suitable legislation2 may be made on the analogy of section 5 of the Identification of Prisoners Act, to provide for the investiture of magistrates with the power to issue directions to any person, including an accused person to give specimen signatures and writings."
Since a difficulty has already arisen as to specimen signature, a suitable amendment of the law is necessary on the point. We shall, towards the close of this Chapter,3 suggest a suitable re-draft of section 5.
1. State of Uttar Pradesh v. Ram Babe Misra, (1980) 2 SCC 341, para. 8 (1st May, 1980).
2. Emphasis added.
3. Para. 5.32, infra.
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