Keywords: Handwriting sample, Accused, Magistrate’s authority, Comparison
The High Court of Kerala during the judgement of the case Faizal KV v. State of Kerala & Anr., has clarified the authority of the magistrate to order an accused to provide the samples of his or her signature and handwriting when necessary even if the accused is not under arrest with regarding to the provision given in the Section 5 of the Criminal Procedure (Identification) Act of 2022. The Court pointed out this provision and clearly stated that it empowers a magistrate to obtain the mentioned samples when a person is accused of a punishable offence.
The petitioner in this case was charged for forgery on certificates and during the investigation, the handwriting on the certificate was compared with that of a service book which did not match and thus, it required a sample of accused’s handwriting in the presence of the court to record and send it to a handwriting expert for genuine comparison. The application for obtaining the sample was filed and the magistrate granted it and the petition was filed against such order.
It was argued that owing to the provisions given under the laws in India, the accused cannot be asked for such samples when he is not under arrest and has been on anticipatory bail, and that the testimonial compulsion would lead to violation of right to privacy and stated that such compelling is against the public interest. However, the Court after observing the facts of the case, examining the provision stated above and relevant precedents, dismissed the petition and ruled in favor of the Kerala State and upheld the magistrate’s power to direct the accused to provide such samples owing to necessity of the case.
Written by – Vaishnavi N, College name – Alliance School of Law, Alliance University, Bengaluru, 3rd semester, An intern under Legal Vidhiya
