Report No. 87
IX. Recommendation as to section 5
5.32. Recommendation to revise section 5. -
In the light of the above discussion, we recommend that section 5 should be revised as under:-
Revised section 5
"(1) If a Magistrate is satisfied that, for the purpose of any investigation or proceeding under the Code of Criminal Procedure, 1973, it is expedient to direct any person-
(a) to allow his measurements or photograph to be taken, or
(b) to furnish a specimen of his signature or writing, or
(c) to furnish a specimen of his voice by uttering the specified words or making the specified sounds. the Magistrate may make an order to that effect, recording his reasons for such an order.
(2) The person to whom the order relates-
(a) shall be produced or shall attend at the time and place specified in the order, and
(b) shall allow his measurements or photograph to be taken by a police officer, or furnish the specimen signature or writing or furnish a specimen of his voice, as the case may be in conformity with the orders of the Magistrate before a police officer.
(3) No order directing any person to be photographed shall be made except by a metropolitan Magistrate or a Magistrate of the first class.
(4) No order shall be made under this section unless the person has at some time been arrested in connection with such investigation or proceeding.
(5) Where a court has taken cognisance of an offence a Magistrate shall not under this section, give to the person accused of the offence any direction which could, under section 73 of the Indian Evidence Act, 1872, be given by such Magistrate."