Arrest Not Mandatory for Giving Specimen Signature: Delhi High Court
- Case Name: Court On Its Own Motion v. State
- Judge(s): Justice Prathiba M Singh and Justice Amit Sharma
- Advocate(s): Puneet Mittal, Amit Peswani and others
The Delhi High Court upheld the constitutional validity of the proviso to Section 311A of the Code of Criminal Procedure, which authorizes magistrates to order individuals to provide specimen signatures to assist in criminal investigations.
The Court emphasized that arrest is discretionary and unnecessary when an individual voluntarily complies with providing a specimen signature.
This interpretation aligns with Section 349 of the BNSS, which allows magistrates to order such signatures without arrest, provided reasons are recorded.
The judgment strikes a balance between facilitating investigations and safeguarding individual liberty, rejecting the notion of automatic arrest under this provision.
RamanBookmark