Report No. 87
Chapter 5-Taking of measurements, fingerprints and photographs: sections 3 to 5
(5) In section 3, the offence under section 19 of the Dangerous Drugs Act, 1930 should be added. Further, in the same section, person in respect of whom orders under section 18 of the Dangerous Drugs Act, 1930 have been passed should also be included1.
(6) In section 3(b), in place of present reference to the Code of 1898, a reference to the Code of 1973 should be substituted. Further, after the words "if so required," the words "by a police officer" should be added, for the sake of precision2.
(7) Section 4 should be amended so as to empower a police officer as defined in the Act to take photographs of the persons to whom the section3 applies.
(8) Section 4 should be further amended to cover the taking of identification data from certain other persons mentioned in the Report4, being persons arrested under various statutory provisions as specified.
(9) Section 5 should be amended to provide specifically for a power (to be exercisable by the authorities and subject to the safeguards given in the existing section) to require the persons mentioned in the section to furnish-
(a) specimen signature or writing;5
(b) specimen of voice6.
(10) For a direction given by the Magistrate under section 5, reasons should be given7
(11) Overlap between section 5 of the Act of 1920 and section 73 of the Evidence Act should be removed by excluding from the scope of section 5 a case in which a court can act under section 73.8
1. Paras. 5.13, 5.14 and 5.16.
2. Paras. 5.15 and 5.16.
3. Paras. 5.17 to 5.19.
4. Paras. 5.17 to 5.19.
5. Paras. 5.21 to 5.25 and 5.32.
6. Paras. 5.26 to 5.28 and 5.32.
7. Paras. 55.29 and 5.32.
8. Paras. 5.30, 5.31 and 5.32.