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IDENTIFICATION OF PRISONERS ACT

Ministry of Law and Justice

Act nº 33 of 1920


  • Act nº 33 of 1920

Preamble

THE IDENTIFICATION OF PRISONERS ACT, 19201

[Act, No. 33 of 1920]

[9th September, 1920]

PREAMBLE

An Act to authorize the taking of measurements and photographs of convicts and others.

WHEREAS it is expedient to authorize the taking of measurements and photographs of convicts and others; it is hereby enacted as follows:-

1. For Statement of Objects and Reasons, see Gazette of India, 1920, Part V, p. 162; and for proceedings, in Council, see Gztette of India, 1920 Part VI, pp. 1037 and 1143.

This Act has been amended in its application to Bombay by Bombay Acts 11 of 1922, 4 of 1935, 21 of 1935 and 56 of 1959. The Act has been repealed in its application to Bellary District by Mysore Act 14 of 1955.


Section 1. Short title and extent

(1) This Act may be called the Identification of Prisoners Act, 1920.

1[(2) It extends2to the whole of India except3[the territories which, immediately before lst November, 1956, were comprised in Part BStates].]

1. Substituted by the Adaptation of Laws Order, 1950, for sub-section (2).

2. It has been extended to the whole of Madhya Pradesh by M.P. Act 40 of 1961; to Goa, Daman and Diu by Regulation 11 of 1963, section 3 and Schedule to Laccadive, Minicoy and Amindivi Islands by Regulation 8 of 1965, sec. 3 and Schedule and to Pondicherry by Act 26 of 1968, section 2 and Sch.

3. Substituted by the Adaptation of Laws (No. 3) Order, 1956 for "Part BStates".


Section 2. Definitions

(1) In this act, unless there is anything repugnant in the subject or context,--

(a) "measurements" include finger impressions and foot-print impressions;

(b) "police officer" means an officer in-charge of a police-station, a police officer making an investigation under Chaper XIV of the Code of Criminal Procedure, 1898 (5 of 1898)1or any other police officer not below the rank of Sub-Inspector; and

( c) "prescribed" means prescribed by rules made under this Act.

1. Now the Code of Criminal Procedure, 1973 (2 of 1974)


Section 3. Taking of measurements, etc., of convicted persons

Every person who has been--

(a) convicted of any offence punishable with rigorous imprisonment for a term of one year or upwards, or of any offence which would render him liable to enhanced punishment on a subsequent conviction; or

(b) ordered to give security for his good behaviour under section 118 of the Code of Criminal Procedure, 1898 (5 1898)1,

shall, if so required, allow his measurements and photograph to be taken by a police officer the prescribed manner.

1. Now the Code of Criminal Procedure, 1973 (2 of 1974).


Section 4. Taking of measurements, etc., of non-convicted persons

Any person who has been arrested in connection with an offence punishable with rigorous imprisonment for a term of one year or upwards shall, if so required by a police officer, allow his measurements to be taken in the prescribed manner.

Section 5. Power of Magistrate to order a person to be measured or photographed

If a Magistrate is satisfied that, for the purposes of any investigation of proceeding under the Code of Criminal Procedure, 1898 (5 of 1898)1 it is expedient to direct any person to allow his measurements or photograph to be taken, 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 the order and shall allow his measurements or photograph to be taken, as the case may be, by a police officer:

Provided that no order shall be made directing any person to be photographed except by a magistrate of the first class:

Provided further, 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.

1. Now the Code of Criminal Procedure, 1973 (2 of 1974).


Section 6. Resistance to the taking measurements, etc

(1) If any person who under this Act is required to allow his measurements or photograph to be taken resists or refuses to allow the taking of the same, it shall be lawful to use all means necessary to secure the taking thereof.

(2) Resistance to or refusal to allow taking of measurements or photograph under this Act shall be deemed to be an offence under section 186 of the Indian Penal Code, 1860 (45 of 1860).

Section 7. Destruction of photographs and records of measurements on acquittal

Where any person who, not having been previously convicted of an offence punishable with rigorous imprisonment for a term of one year or upwards, has had his measurements taken or has been photographed in accordance with the provisions of this Act is released without trial or discharged or acquitted by any court, all measurements and all photographs (both negatives and copies) so taken shall, unless the court or (in a case where such person is released without trial) the Districts Magistrate or Sub-Divisional Officer for reasons to be recorded in writing otherwise directs, be destroyed or made over to him.

Section 8. Power to make rules

(1) The State Government may,1[by notification in the Official Gazette,] make rules for the purpose of carrying into effect the provisions of this Act.

(2) In particular and without prejudice to the generality of the foregoing provision, such rules may provide for-

(a) restrictions on the taking of photographs of persons under section 5;

(b) the places at which measurements and photographs may be taken;

(c) the nature of the measurements that may be taken;

(d) the method in which any class or classes of measurements shall be taken;

(e) the dress to be worn by a person when being photographed under section 3; and

(f) the preservation, safe custody, destruction and disposal of records of measurements and photographs.

2[(3) Every rule made under this section shall be laid, as soon as may be after it is made, before State Legislature.]

1. Inserted by Act 4 of 1986, section 2 Schedule w.e.f. 15-5-1986.

2. Inserted by Act 4 of 1986, section 2 and Schedule w.e.f. 15-5-1986.


Section 9. Bar of suits

No suit or other proceeding shall lie against any person for anything done, or intended to be done, in good faith under this Act or under any rule made thereunder.