CHAPTER XXIV GENERAL PROVISIONS AS TO INQUIRIES AND TRIALS

Section 311A: Power of Magistrate to order person to give specimen signatures or handwriting

The Code of Criminal Procedure, 1973 (repealed)

Repealed by the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023) with effect from 1 July 2024.

¹[If a Magistrate of the first class is satisfied that, for the purposes of any investigation or proceeding under this Code, it is expedient to direct any person, including an accused person, to give specimen signatures or handwriting, 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 handwriting:

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.]

Footnotes in the official text

1.Ins. by Act 25 of 2005, s. 27 (w.e.f. 23-6-2006).

Now in the BNSS

As given in the correspondence table of the National Crime Records Bureau (Ministry of Home Affairs). Read both texts before relying on it. NCRB table

311A. Power of Magistrate to order person to give specimen signatures or handwriting.

BNSS 349

Leading cases

Ritesh Sinha v. State of Uttar Pradesh (2019)Until Parliament makes an express provision in the Code of Criminal Procedure, a Judicial Magistrate may order a person to give a voice sample for the investigation of a crime; this does not violate Article 20(3).

Questions on this section

1 question in 3 of our papers cite Section 311A.

Practise questions on Criminal Law