The main legal point established in the judgment is that the power to obtain a handwriting sample from a person accused of an offence is that of the Court concerned and is to be found in Section 73 of the Indian Evidence Act 1872. The legislative empowerment has empowered the Magistrate concerned with reference to signatures and handwriting through Section 311A of the Code of Criminal Procedure, 1973.

PRADEEP NANDRAJOG, J.

1. On the subject of admissibility of sample handwriting or signature obtained from a person accused of having committed an offence or during investigation of a crime by the Investigating Officer, the matter has been referred to a larger Bench vide order dated August 11, 2011 since the Division Bench noted a divergence of opinion on the subject by various Division Benches of this Court.

2. Deciding a reference made to it, vide opinion dated September 30, 2011 in Crl. Appeal No.1005/2008 Bhupinder Singh v. State, on the question :-

Whether the sample finger prints given by the accused during investigation under Section 4 of the Identification of Prisoners Act 1920 without prior permission of the Magistrate, under Section 5 of the Act will be admissible or not?, a Full Bench of this Court overruled the view taken by Division Benches holding against the admissibility of such evidence and affirmed the view taken by Division Benches holding in favour of admissibility of such evidence but proceeded to decide the reference, as would be evident from a reading of paragraph 18 of the opinion dated September 30, 2011, as if the question referred to the Full Bench embraced even a handwriting or a signature obtained from a person accused of an offence whilst in police custody.

3. We proceed our journey by noting the relevant provisions of the Identification of Prisoners Act 1920. At the forefront stands the definition of the expression measurements as defined in clause (a) of Section 2 of the said Act. It reads as under:-

“Measurements includes finger impressions and foot-print impressions;”

4. Section 4 reads as under:-

“Taking of measurements, etc., of non-convicted persons – Any person who has been arrested in connection with an offence punishable with rigorous imprisonment for a term of one year or upwards shall, if so required by a police officer, allow his measurements to be taken in the prescribed manner.”

5. Section 5 reads as under:-

“Power of Magistrate to order a person to be measured or photographed – If a Magistrate is satisfied that, for the purposes of any investigation or proceeding under the Code of Criminal Procedure, 1898, it is expedient to direct any person to allow his measurements or photograph to be taken, 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 the order and shall allow his measurements or photograph to be taken, as the case may be, by a police officer :

Provided that no order shall be made directing any person to be photographed except by a Magistrate of the First Class :

Provided further, no order shall be made under this section unless the person has at some time been arrested in connection with such investigation or proceeding.”

6. From a perusal of the definition of the word ‘measurements’ as defined in clause (a) of Section 2 of The Identification of Prisoners Act 1920 it is apparent that the definition, being inclusive, expands on the ordinary meaning of the word ‘measurement’. But simultaneously we would note that the expanded definition only requires, finger print impressions and foot-print impressions, to be treated as measurements.

7. With reference to Section 4 of The Identification of Prisoners Act 1920 it needs to be highlighted that it enjoins upon a person who has been arrested in connection with an offence punishable with rigorous imprisonment for a term of one year or upwards, upon being so required by a police officer, to allow his measurements to be taken. The section requires the measurements to be taken in the prescribed manner i.e. it envisages a manner to be prescribed for the police officer to take the measurements of the person concerned, and for which we note that Section 8 of The Identification of Prisoners Act 1920 confers the power to make Rules on State Governments with respect to, inter-alia, the method and the procedure to be followed in t