Power of Magistrate to order person to give specimen signatures or handwriting, etc
AI Assist
Summary
A first-class Magistrate can direct any person, including an accused, to give specimen signatures, finger impressions, handwriting or a voice sample when those samples are needed for an investigation or proceeding. The person must be produced or attend at the time and place specified and give the sample. Normally such an order is made only if the person has at some time been arrested, but the Magistrate may order samples without prior arrest if reasons are recorded in writing.
Example
Ravi is arrested after a complaint that loan documents were forged. The Magistrate orders Ravi to give specimen signatures and finger impressions so experts can compare them. Ravi must attend at the place and time specified and provide the samples. If Ravi had never been arrested, the Magistrate would need to record written reasons before making the order.
Bare Act
Enacted textIf a Magistrate of the first class is satisfied that, for the purposes of any investigation or proceeding under this Sanhita, it is expedient to direct any person, including an accused person, to give specimen signatures or finger impressions or handwriting or voice sample, he may make an order to that effect and in that case the person to whom the order relates shall be produced or shall attend at the time and place specified in such order and shall give his specimen signatures or finger impressions or handwriting or voice sample:
Provided that no order shall be made under this section unless the person has at some time been arrested in connection with such investigation or proceeding:
Provided further that the Magistrate may, for the reasons to be recorded in writing, order any person to give such specimen or sample without him being arrested.
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