Not illegal for Police to procure Fingerprints without Magistrate order, SC

Not illegal for Police to procure Fingerprints without Magistrate order, SC

The Supreme Court in Criminal Appeal no. 1980 of 2008 titled as “Ashish Jain Vs Makrand Singh &Ors “has clarified that the police can procure the fingerprint evidence during investigation, even in the absence of a Magistrate order.

While dismissing an appeal filed against a High Court acquittal in a murder case, the Bench of Justices NV Ramana and MM Shantanagoudar noted,

“… it cannot be held that… fingerprint evidence was illegally obtained merely due to the absence of a magisterial order authorizing the same. If certain suspicious circumstances do arise from a particular case relating to lifting of fingerprints, in order to dispel or ward off such suspicious circumstances, it would be in the interest of justice to get orders from the Magistrate …[However, there] cannot be any hard and fast rule that in every case, there should be a magisterial order for lifting the fingerprints of the accused.

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