Report No. 87
5.31. Need for amendment excluding from section 5 cases covered by section 73, Evidence Act.-
It is to be noted that section 5 covers finger impressions and (after the proposed amendment) will cover also signature1. Both are covered by section 73 also, in regard to the trial stage. That is how overlapping arises. In order to remove the overlapping, it is necessary that a provision should be inserted in section 5 to ensure that it does not apply in relation to any action that the court is competent to take under section 73 of the Evidence Act2.
1. Para. 5.32, infra, and para. 5.23, supra.
2. Para. 5.32, infra.