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Report No. 87

5.28. Need to extend the scope of section 5.-

In view of this scientific advance, it may be useful to expand the scope of the coercive measures sanctioned by the Act, so as to cover identification by voice. Though the need for such identification may arise only occasionally, such a provision could be of great value. Of course, a provision requiring a person arrested to speak certain words or to make certain sounds cannot be enforced directly, in as much as, if the person concerned refuses to do so, it is not physically possible to compel him to speak. At the same time, indirect sanctions in the shape of a penalty (compare section 6) for refusal to do the specified act could be applied. If the above approach is accepted, the object could be carried out by adding, in section 5, suitable words at the appropriate place1.

1. See para. 5.32, infra.



Identification of Prisoners Act, 1920 Back




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