STATE OF M.P. versus DEVENDRA

High Court directions on identification are modified; implementation is subject to the provisions of Identification of Prisoners Act, M.P. Police Regulations and Code of Criminal Procedure, and statute prevails in case of conflict. Photographs of rape victims are not to be taken. Only necessary actions shall be taken by Magistrate regarding identification, recordings required if prosecution seeks to protect identity.

Parties: Appellant: State of Madhya Pradesh; Respondent: Devendra
Jurisdiction: India
Judgment Date: 05 May 2009
Procedural Posture: Criminal Appeal / Appeal Against Directions of High Court
Outcome: Appeal disposed of; High Court directions modified.
Legal Topics: Identification of Prisoners, Investigation Procedure, Impersonation, Police Regulations

Criminal Law Identification of Prisoners Investigation Procedure Impersonation Police Regulations

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Parties

State of Madhya Pradesh

Appellant

Devendra

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Directions of High Court

Legal Issues

1 Whether High Court directions regarding identification of prisoners and methodology for investigation are valid and practicable under Identification of Prisoners Act, M.P. Police Regulations, and Code of Criminal Procedure

Ratio Decidendi

Court Disposition

Appeal disposed of; High Court directions modified.

Orders

Directions regarding identification are modified and subject to statutory provisions; photographs for identification of complainants and witnesses to be taken only with recorded reasons and not in cases of rape victims.
Magistrate to take action on identification only if necessary.