Report No. 87
6.2. Questions raised by section 6(1)-"means necessary".-
The provision in section 6(1) to the effect that on the resistance to the taking of measurements or photographs or on the refusal to allow the taking of the same, "it shall be lawful to use all means necessary to secure the taking thereof" raises an interesting question, namely, how far is the person using such "necessary means" allowed to go and what is the extent of force that he can employ for the purpose?
This sub-section is modelled on the provision relating to arrest in the Code of Criminal Procedure1. Under that Code, if a person to be arrested resists forcibly the endeavour to arrest him or attempts to evade the arrest, the police officer or other person arresting him "may use all means necessary to effect the arrest". The Code, however, further provides that nothing it the section gives a right to cause death of a person who is not accused of an offence punishable with death or with Simprisonment for life. In the context of measures for identification, no such qualification was apparently considered necessary, because it would be unthinkable that the person taking "measurements" would go to the length of causing death or even serious bodily injury. We would leave section 6(1) undisturbed, no difficulty having arisen so far.
1. Sections 46(2) and 46(3), Code of Criminal Procedure, 1973.