THE IDENTIFICATION OF PRISONERS ACT, 1920

 

 

ACT NO.33 OF 1920

[AS ON 1957]

 

 

An Act to authorise the taking of measurements and photographs of convicts and others

 

[9th September, 1920.]

Contents

1.Short title and extent

2.Definitions

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

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

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

6.Resistance to the taking of measurements, etc

7.Destruction of photographs and records of measurements etc., on acquittal

8.Power to make rules

9.Bar of suits

 

              WHEREAS it is expedient to authorise the taking of measurement and photographs of convicts and others; It is hereby enacted as follows:--

 

 

 

1.Short title and extent

.-  (1) This Act may be called the identification of Prisoners Act, 1920; and  { Subs.by the A.O.1950, for sub-section (2) }[(2) It extends to the whole of India except {Subs, by the Adaptation of Laws (No.3) Order, 1956, for "Part B States".}[the territories which, immediately before the 1st November, 1956, were comprised in Part B States].

 

 

 

2.Definitions

.- 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 police station, a police making an investigation under Chapter  of the Code of Criminal Procedure, 1898, (5 of 1898.)or any other police officer not below the rank of sub-inspector; and   

 

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

 

 

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

.- Every person who has been--Taking of measurements, etc., of convicted persons.           

 

(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 of 1898) shall if so required, allow his measurements and photograph to be taken by a police officer in the prescribed manner.

 

 

 

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.

 

 

 

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

.- If a Magistrate is satisfied that, for the purpose of any investigation or proceeding under the Code of Criminal Procedure, 1898, (5 of 1898)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.

 

 

 

6.Resistance to the taking of 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, be lawful to use all means necessary to secure the taking thereof.

 

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

 

 

 

7.Destruction of photographs and records of measurements etc., 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 District Magistrate or Sub-Divisional Officer for reasons to be recorded in writing otherwise directs, be destroyed or made over to him.

 

 

 

8.Power to make rules

.-  (1) The State Government may 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 and photographs 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

 

 

 

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.