Question

Bhargesh is arrested by the police on April 11, 2022, on suspicion of having committed a series of minor thefts. During their investigation, the police find some fingerprints at the crime scenes, and on April 12, 2022, they tell Bhargesh that he must provide his finger-impressions to them so that they can check whether they match the fingerprints from the crime scenes. When Bhargesh refuses, the police tell him that he has no choice but to provide his measurements, as the Act had been passed by Parliament the previous month. Was Bhargesh bound to provide his finger-impressions under the Act?

• A. No, since Bhargesh had only been arrested, and not convicted.
• B. Yes, since Bhargesh was under arrest.
• C. No, since the Rules had not yet been notified.
• D. Yes, since finger-impressions are included within the definition of “measurements” under the Act.
• A. Yes, since the crime that Bhargesh was accused of was very serious.
• B. Yes, since the Magistrate had passed an order directing him to do so.
• C. Yes, since Bhargesh had already been arrested in connection with another crime in the past.
• D. No, since the police needed the blood samples to verify Bhargesh’s involvement in the crime.
• A. No, since he was not charged or under arrest in connection with any other offence at the time.
• B. No, since that would violate Bhargesh’s right to privacy.
• C. Yes, since the police had detained Bhargesh under a preventive Section of the CrPC.
• D. Yes, since there was a high likelihood that Bhargesh would disturb the public peace on a festival day.
• A. Yes, since Bhargesh had been detained under a preventive section of the CrPC.
• B. Yes, since only police personnel of the rank of Head Constable or above can take measurements of any person who resists or refuses to give measurements when ordered to do so by a Magistrate.
• C. No, the Magistrate had issued an order directing him to provide his photographs to the police.
• D. No, since the police constable was only performing his duty.
• A. Yes, since a person against whom an order has been issued under Section 117 of the CrPC cannot be made to give their measurements to the police.
• B. Yes, since a person against whom an order has been issued under Section 117 of the CrPC can be made to give their measurements to the police.
• C. Yes, since Bhargesh had already been arrested in connection with another crime in the past.
• D. No, since the police needed the blood samples to verify Bhargesh’s involvement in the crime.

Answer 1

The Correct Option is C

Step 1 (Understand the new Act and its provisions).
The Criminal Procedure (Identification) Act, 2022, allows for the collection of measurements, including finger-impressions, from arrested individuals. However, the Act requires the Ministry of Home Affairs to notify the Rules before its implementation.
Step 2 (Consider the role of the Rules).
Since the Rules were not notified until September 19, 2022, the provisions of the Act could not be enforced before this notification.
Step 3 (Conclusion).
As the Rules were not yet in force at the time of Bhargesh’s arrest, he was not legally required to provide his finger-impressions under the Act.
\[ \boxed{\text{No, since the Rules had not yet been notified. (Option C)}} \]

Answer 2

Step 1 (Role of Magistrate’s order).
Under the Criminal Procedure (Identification) Act, 2022, the police may request a Magistrate’s order to obtain measurements from an arrested individual.
Step 2 (Legal framework for blood samples).
The Magistrate’s order legally compels Bhargesh to provide his blood samples, regardless of the fact that he was not convicted yet. The law allows the police to use samples for matching against crime scene evidence.
Step 3 (Conclusion).
Since the Magistrate has issued a clear directive, Bhargesh is bound to comply with the order and provide the blood samples.
\[ \boxed{\text{Yes, since the Magistrate had passed an order directing him to do so. (Option B)}} \]

Answer 3

Step 1 (Recall preventive detention provisions).
The CrPC allows preventive detention when there is reasonable suspicion that a person may disturb the public peace. Under the Criminal Procedure (Identification) Act, measurements can be taken if a person is detained under a preventive Section.
Step 2 (Application to Bhargesh’s case).
Since Bhargesh has been detained under the CrPC’s preventive provisions, the Act allows the police to take his photographs and other measurements.
Step 3 (Conclusion).
Bhargesh is legally bound to provide his measurements, including photographs, as he is detained under the CrPC.
\[ \boxed{\text{Yes, since the police had detained Bhargesh under a preventive Section of the CrPC. (Option C)}} \]

Answer 4

Step 1 (Understanding the roles defined in the Act).
The Criminal Procedure (Identification) Act, 2022, specifies that only police personnel with a rank of Head Constable or above are authorized to take measurements of a person who refuses to cooperate.
Step 2 (Application to Bhargesh’s case).
Since the constable in question was of a lower rank than Head Constable, his actions of forcing Bhargesh to provide his photographs are in violation of the Act.
Step 3 (Conclusion).
Bhargesh’s claim in court is valid. He can succeed in his case because the constable was not authorized to take his photographs.
\[ \boxed{\text{Yes, since only police personnel of the rank of Head Constable or above can take measurements of any person who resists or refuses to give measurements when ordered to do so by a Magistrate. (Option B)}} \]

Answer 5

Step 1 (Understanding the provisions of Section 117 of the CrPC).
Section 117 of the CrPC allows the Magistrate to issue an order directing a person to provide security for maintaining the public peace. The person is subject to compliance with orders under this Section.
Step 2 (Connection to the Criminal Procedure (Identification) Act).
Under the Criminal Procedure (Identification) Act, if a person is ordered to provide security under Section 117 of the CrPC, they are legally required to comply with the police’s request for measurements (including iris and retina scans).
Step 3 (Conclusion).
Bhargesh is required to provide his iris and retina scans because the Magistrate’s order under Section 117 of the CrPC allows the police to collect his measurements.
\[ \boxed{\text{Yes, since a person against whom an order has been issued under Section 117 of the CrPC can be made to give their measurements to the police. (Option B)}} \]