Court Can't Direct Complainant/ Victim To Give Specimen Signatures U/S 311A CrPC: Punjab And Haryana High Court

The Punjab and Haryana High Court has recently clarified that Section 311A CrPC doesn't allow the Court to make an order directing a complainant or a victim to give specimen signatures or handwriting for the purposes of any investigation or proceedings under the Code.

It may be noted that this provision empowers a Judicial Magistrate, for the purposes of any investigation or proceeding under the Code, to direct any person, including the accused person, to give specimen signatures or handwriting.

It is however important for the magistrate to firstly satisfy himself/herself that it is expedient to direct any person, including the accused person, to give specimen signatures or handwriting, and thereafter, he/she can make an order for the person concerned becoming summoned for his, at the time specified in the orders, and, in the summons, hence attending the Court for his giving his specimen signatures or handwriting

The Bench of Justice Sureshwar Thakur further clarified that even an accused who hasn't been arrested (or has been granted anticipatory bail) can't be directed to give his specimen signatures.

The case in brief

Essentially, a cheating and forgery case was registered in December 2019 under Sections 420, 467, 468, 471, and 120-B of the IPC on charges of preparation of false documents at the instance of the accused.

During the course of the investigation, the investigating officer concerned proceeded to make an application before the Judicial Magistrate Ist Class, Chandigarh, seeking an order for taking the specimen, and, admitted signatures of the accused hence for comparisons thereof, being made, with the admitted, and, specimen signatures of the complainant, besides with the disputed signatures existing on the purportedly false document(s).

Further, while the accused, in compliance with the apposite order, did give his specimen, and, admitted handwritings, before the Judicial Magistrate concerned, however, the complainant(s)-victim(s) did not follow the order to give their signatures.

Court's observations

At the outset, the court observed that the Magistrate concerned was required to not entertain the application, and, rather, direct the investigating officer concerned to hold independent investigations with respect to the FIR, nonetheless, the Court added, the Magistrate concerned made affirmative directions upon the investigating officer's application.

Further, taking into account the bare language of Section 311A CrPC, the Court came to the conclusion that the words "any person other than the accused person" appearing in the Section 311A CrPC may not include the victim or the complainant, as the proviso to the provision makes it clear that no order can be made in connection with such a person unless that person has been arrested in connection with such investigation or proceeding.

The Court noted that though the complainants-victims on the instant case are not coming forward to furnish their respective admitted specimen signatures, even then, the Judicial Magistrate concerned, may not proceed to hereafter, insist upon the complainant to make the afore specimen/admitted signatures, either before the investigating officer concerned, or before him/her as he/she is not empowered to issue such an order Section 311A CrPC.

"In case the complainant(s)-victim(s), do(es) not adhere to the afore request, as, made upon them, by the investigating officer concerned, thereupon, it is open to the investigating officer concerned to, make appropriate mentioning(s) in his report, to be drawn under Section 173 Cr.P.C. However, he may thereafter proceed to send the already collected specimen, and, admitted signatures of the accused, along with disputed signatures, as, purportedly made on the forged document(s), to the handwriting expert concerned," the Court added as it disposed of the plea.

Case title - Sandeep Kaur and another v. Union Territory, Chandigarh

Case citation: 2022 LiveLaw (PH) 42

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