AdvocateKhoj
Login : Advocate | Client
Home Post Your Case My Account Law College Law Library
    

Report No. 87

Identification of Prisoners Act, 1920

Contents
Chapter 1 Introductory
1.1 Genesis of the Report and scope
2. Comprehensive examination not undertaken previously
3 Scope of legal discussions so far
4. Need to focus attention on legal aspect
5. Coercive measures adopted in investigation
6. Powers of the police
7. Need for balance
8. Article 21 of the Constitution-procedure established by law
9. Guidelines in judicial pronouncements
10. Scheme of discussion
11. Constitutional competence
Chapter 2 Historical
2.1. Fingerprints
2. Case in Australia
3. Statement of objects and Reasons
4. History of section 5
Chapter 3 Significance of The Act: Its General Scheme and Analogous Laws
I. Significance
3.1. Significance
2. Object of coercive measures and relationship to criminal procedure
3. Criminalistics and physical evidence
4. Relationship of the Act to the law of Tort
5. Relationship of the Act to the Law of Evidence
6. Object of evidence
7. Vital question in a criminal case
8. Physical evidence and personal characteristics
II. Demonstrative Evidence
9. Real or demonstrative evidence
III. Objects of identification
10. The objects of identification
IV. Scheme of the Act
11. Scheme of the Act
12. Dichotomy
13. Provisions analysed
14. Principle underlying the Act
V. Scope
15. Act not exhaustive-other techniques of identification
16. Voice prints furnish one example of physical evidence not dealt with by the Act
17. Categories of identification material not closed
18. Manifold aspects of the Act
VI. Analogous provisions
19. Analogous provisions in the Evidence Act
20. Earlier recommendation as to section 73, Evidence Act
21. Foreigners Act
22. Section by section examination
Chapter 4 Preliminary Matters: Sections 1 and 2
4.1. Section 1(1)-Comment regarding the short title of the Act
2. Section 1(2) of the Act of 1920
3. True position as to competence
4. Section 3 as falling within "Criminal procedure"
5. Scope of "criminal procedure"
6. Academic practice-Criminal procedure an extensive concept
7. Objects connected with criminal justice
8. Section 1(2) to be amended
9. Section 2-Definitions
10. Changes recommended in section 2(a) and section 2(b)
Chapter 5 Taking of Measurements, Fingerprints and Photographs: Sections 3 To 5
I. Statutory authority for use of force
5.1. Importance of statutory authority
2. Use of force illegal without authority
3. Section 49, Cr. P.C., 1973
4. Taking of Photographs
II. The proper approach-balance between law enforcement and liberty
5. Importance of sections 3-5
6. Aspect of human rights
III. Taking of specimen signature and possible legislative devices for making an amendment
7. Legislative device considered
8. Amendment of the Code not preferred
9. Second alternative preferable
10. Question of separate legislation
11. Act of 1920 to be amended
IV. Powers of the police: sections 3 and 4
12. Section 3-changes recommended
13. Section 3-State Amendment
14. Section 18, Dangerous Drugs Act
15. Other minor changes in section 3
16. Suggested redraft of section 3
17. Section 4-State Amendments
18. Need to improve the section
19. Recommendation to revise section 4
V. Magisterial orders-section 5-the present position as to signature
20. Section 5
21. Position as to taking of specimen signature
22. Position before and after 1915
23. Legal questions not raised so fa
24. Suggestion of Supreme Court
25. Suggestion of Supreme Court
VI. Recording of voice
26. Identification of voice-present position
27. Chapter 5-Utility voice record
28. Need to extend the scope of section 5
VII. Recording of reasons for order of the Magistrate
29. Reasons for a direction under section 5
VIII. Overlapping between section 5 and section 73
30. Overlapping between section 5, Act of 1920 and section 73, Evidence Act
31. Need for amendment excluding from section 5 cases covered by section 73, Evidence Act
IX. Recommendation as to section 5
32. Recommendation to revise section 5
Chapter 6 Incidental Provisions: Sections 6 to 9
6.1. Section 6
2. Questions raised by section 6(1)-"means necessary"
3. Changes needed in section 6(2)
4. Suggested re-draft of section 6
5. Section 7
6. Section 7 to be revised
7. Section 8
8. Revised section 8
9. Section 9-No change
Chapter 7 Summary of Recommendations
Chapter 4-Preliminary matters
Chapter 5-Taking of measurements, fingerprints and photographs: sections 3 to 5
Chapter 6-Incidental provisions: sections 6 to 9
Appendix 1 English Law as to Fingerprints and Photographs
I. Common law
Search of body
Position in England as to battery
II. Present statutory provisions as to fingerprints
Position in England as to fingerprints
Use offorce
Regulations under the Prisons Act
Photographs
Compulsion to attend identification parade
III. History of English law
History
IV. Evidence illegally obtained in England
Evidence not inadmissible because of force
V. Position in Australia
Photographs in Australia
Evidence illegally obtained
VI. Canada
VII. Civil law countries
Appendix 2 American Law as to Fingerprints and Measurements
I. The basis for federal jurisdiction
II. Self-incrimination in U.S.A.
Origin of the privilege against self-incrimination
No compulsion and no adverse comment permitted
Evolution
Accused as witness
III. Non-testimonial compulsion permitted
IV. Due process
V. Fingerprints and photographs
Non-testimonial compulsion in U.S.A
Question of legality
Model Code of Pre-arrangement procedure
VI. Voice-prints
Voice-prints
No privilege as regards voice-prints
Use of voice-prints
Appendix 3 Selected Cases on Article 21 of The Constitution- Procedure Established By Law
1. Maneka Gandhi v. Union of India, AIR 1978 SC 597: 1978 (1) SCC 248
2. In the Special Courts Bill, 1978, AIR 1979 SC 478 (516): 1979 (1) SCC 430 (433)
3. Sita Ram v. State of Uttar Pradesh, AIR 1979 SC 745 (753): 1979 (2) SCC 656 (669)
4. Hussainara Khatoon (I) v. Home Secretary, AIR 1979 SC 1360 (1361): 1980 (1) SCC 81 (84)
5. Hussainara Khatoon (IV) v. Home Secretary, AIR 1979 SC 1369: (1979) 3 SCR 532 (537)
6. Gurbaksh Singh Sibbia v. State of Punjab, (1980) 2 SCC 565 (586)
7. P.S.R. Sadhanantham v. Artinachaiam, AIR 1980 SC 856 (858-859)
8. Anand Vardhan Chandel v. University of Delhi, AIR 1978 Del 308 (314)
9. Inder Parkash v. Dy. Commissioner, Delhi, AIR 1980 Del 87 (92)
Appendix 4 Identification of Prisoners Act, 1980-analysis of Substantive Provisions


Law Reports Back




Client Area | Advocate Area | Blogs | About Us | User Agreement | Privacy Policy | Advertise | Media Coverage | Contact Us | Site Map
powered and driven by neosys