1. Short title and extent.- (1) This Act may be called The Identification of
Prisoners Act , 1920; and
(2) It extends to the whole of India except 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 a police station, a police
officer making an investigation under Chapter XIV of the Code of
Criminal Procedure, 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,-
(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 behavior under section 1182
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.
6. Resistance to the taking of
measurements.
7. Destruction of photographs
and records of measurement
on acquittal.
8. Power to make rules
9. Bar of suits.
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 purposes of any investigation or
proceeding under the Code of Criminal Procedure, 18981
, it is expedient to direct
any person to allow his measurements or photograph to be taken, he may make
an order to the 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 photographs 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 the taking of measurements or photograph
under this Act shall be deemed to be an offence under section 186 of the Indian
Penal Code 1860.
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 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 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
classed or 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.
Every rule made under this section shall be laid, as soon as may be, after it
is made, before State Legislature.
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.