| 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 |
