Taking of Specimen Signature or Handwriting of any Person Before a Magistrate During Investigation - Its Legality
By
Jitendra Kumar Sharma
Though, every care is taken by law framers to frame a law which could serve the society for time to come, but, there are some situations not visualised by them, for which laws have to be amended subsequently to be more effective. Criminal courts are confronted every now and then with such a situation, for which no provision is made in the law.
It sometimes happens during investigation of a criminal case, that police requires specimen handwriting signatures of accused or any person for comparison with disputed or forged documents, to make out a case against the accused and file the police report under Section 173(2), Cr. P.C. Even the Hon’ble Supreme Court in State v. Dawood Ibrahim Kaskar, AIR 1997 SC 2494 : 1997 Cri LJ 2989 has observed in para 23 of the report that it cannot be gain-said that a Magistrate plays, not infrequently, a role during investigation, in that on the prayer of the Investigating Agency he holds a test identification parade, records the confessio ....