Chapter XXIV
Section 311A CrPC: Power of Magistrate to order person to give specimen signature or handwriting
New Law Update (2024)
Section 349 BNSS
TRIAL COURT
First Class Magistrate
Punishment
Procedural – Investigation / Inquiry
Cognizable?
Bailable?
Compoundable?
Bare Act Text
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.
Important Sub-Sections Explained
Landmark Judgements
State of Bombay v. Kathi Kalu Oghad (1961):
This landmark judgment held that compelling an accused person to give specimen handwriting or signature does not violate Article 20(3) of the Constitution (right against self-incrimination). The Court distinguished between “testimonial compulsion” (prohibited) and “non-testimonial evidence” (permissible), categorizing specimen handwriting and signatures as the latter.
Smt. Selvi v. State of Karnataka (2010):
While primarily dealing with the constitutional validity of narco-analysis and other forensic tests, the Supreme Court reiterated and affirmed the principles from Kathi Kalu Oghad, clarifying that physical acts like providing fingerprints, handwriting samples, or appearing for identification parades do not amount to ‘testimonial compulsion’ and are permissible.
Ritesh Sinha v. State of U.P. (2019):
The Supreme Court, exercising its powers under Article 142 of the Constitution, held that a Judicial Magistrate has the inherent power to direct an accused person to provide a voice sample for investigation, drawing an analogy from the power to compel specimen signatures/handwriting under Section 311A CrPC, thereby broadening the scope of non-testimonial evidence collection by Magistrates.
Draft Format / Application
IN THE COURT OF THE LEARNED JUDICIAL MAGISTRATE FIRST CLASS, [City/District Name]
C.C. No./FIR No. [Number] of [Year]
Under Section [Applicable Sections of IPC/Other Act]
Police Station: [Police Station Name]
IN THE MATTER OF:
THE STATE
VERSUS
[Name of Accused/Respondent]
APPLICATION UNDER SECTION 311A OF THE CODE OF CRIMINAL PROCEDURE, 1973
MOST RESPECTFULLY SHEWETH:
1. That the above-mentioned case is currently pending before this Hon’ble Court/is under investigation.
2. That for the proper and fair investigation/adjudication of the present case, it has become essential and expedient to obtain the specimen signatures/handwriting of the [Accused/Name of Person] in connection with certain documents/evidence relevant to the case.
3. That the applicant is satisfied that the acquisition of such specimen signatures/handwriting is crucial for comparison with disputed documents and for establishing the truth of the matter, which is vital for the purposes of the ongoing investigation/proceeding under this Code.
4. That the [Accused/Name of Person] has at some point been arrested in connection with the present investigation/proceeding, thereby fulfilling the condition precedent for passing an order under Section 311A CrPC.
5. That this application is being made in good faith and in the interest of justice.
PRAYER:
It is, therefore, most respectfully prayed that this Hon’ble Court may be pleased to:
a) Issue an order directing the [Accused/Name of Person], S/o [Father’s Name], R/o [Address], to provide his/her specimen signatures/handwriting before an expert or authorized person, at such time and place as deemed fit by this Hon’ble Court.
b) Pass any other order or direction which this Hon’ble Court may deem fit and proper in the facts and circumstances of the present case.
[Place]
Date: [Date]
[Signature of Applicant/Counsel]
[Name of Applicant/Counsel]
[Designation/Advocate for]
AFFIDAVIT (Optional, if required by local rules)
I, [Name of Applicant/Deponent], S/o [Father’s Name], aged about [Age] years, residing at [Address], do hereby solemnly affirm and state as under:
1. That I am the applicant/counsel for the applicant in the above-mentioned case and am well conversant with the facts and circumstances of the present application.
2. That the contents of the above application are true and correct to the best of my knowledge and belief, and no material fact has been concealed therefrom.
Deponent
VERIFICATION
Verified at [Place] on this the [Day] day of [Month], [Year], that the contents of the above affidavit are true and correct to my knowledge and belief, and nothing material has been concealed therefrom.
Deponent