Headline
The Delhi High Court upholds the validity of Section 311A proviso of Criminal Procedure Code (CrPC)
Summary
The Delhi High Court upheld the constitutional validity of the proviso to Section 311A Criminal Procedure Code (CrPC), enabling magistrates to order specimen signatures for the purpose of investigations without compulsory arrest.
Key Facts
- Case Name: Court On Its Own Motion v. State
- Judges Name: Justice Prathiba M. Singh and Justice Amit Sharma
- The Delhi High court shed light that the proviso is directory, not mandatory, it means that magistrates can take specimen signatures even if the individual is not arrested.
Legal Insights
The judgment states that arrest is not essential for obtaining specimen signatures, consistent with the principle that arrest in non-bailable cases is discretionary.
Impact
This ruling of the Delhi High Court gives flexibility in the procedures of investigation, stopping unnecessary arrests and enhancing judicial efficiency.
Why It Matters
The decision focuses on a crucial balance between investigative requirements and protecting freedom of individuals, ensuring fairness in the legal process.
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