Code
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.]
Explain it
Section 311A of the CrPC empowers a Magistrate to order a person to provide a specimen of their signature or handwriting for comparison with a disputed document in a criminal case. This is done to help determine the genuineness of the disputed document.
The Magistrate can only order this if:
- The disputed document is relevant to the case.
- The person is likely to have written the document.
- The Magistrate considers it necessary to compare the specimen with the disputed document.
Illustrate it
Suppose a person is accused of forging a cheque. The prosecution may ask the Magistrate to order the accused to provide a specimen of their handwriting for comparison with the signature on the cheque. This will help determine whether the accused’s signature matches the one on the cheque.
Common Questions and Answers
Q: Can the Magistrate force a person to provide a specimen?
A: Yes, the Magistrate has the power to compel a person to provide a specimen under this section. However, this must be done in accordance with the law and the person’s rights must be respected.
Q: What happens if the person refuses to provide a specimen?
A: Refusal to provide a specimen may be considered contempt of court. The Magistrate may take appropriate action, including issuing a warrant to secure the specimen.
Q: Can the person be forced to provide a specimen of their voice or other personal characteristics?
A: Section 311A specifically refers to signatures and handwriting. It does not extend to other characteristics like voice or fingerprints.
