THE IDENTIFICATION OF PRISONERS ACT, 1920

1. Short title and extent.—

(1) This Act may be called the Identification of Prisoners Act, 1920.
1 [(2) It extends to the whole of India except 2 [the territories which, immediately before the 1st November, 1956, were comprised in Part B States].] STATE AMENDMENTS Andhra Pradesh.—In its application to the areas comprised in the Former Part B State of Hyderabad, (now forming part of Andhra Pradesh) for sub-section (2) substitute the following, namely:— “(2) It extends to the whole of the Hyderabad area of the State of Andhra Pradesh.” [Vide Hyderabad Act 27 of 1956. Sec. 2 and Sch. as adapted by Andhra Pradesh A.L.O., 1957.]

(Karnataka) —In sub-section (2), add the following after the words ‘Part B States’:— ‘other than the territories specified in clause (a) and clause (c) of sub-section (1) of section 7 of the States Reorganisation Act, 1956. [Vide Karnataka Act 29 of 1975, sec. 4 (1) (w.e.f. 12-8-1975).] Madhya Pradesh.—In sub-section (2), after the words and letter “Part B States”, insert the words “other than the Madhya Bharat and Sironj regions of the State of Madhya Pradesh”. [Vide M.P. Act 40 of 1961, sec. 3 and Sch. Pt. A (w.e.f. 1-2-1962).]
(Maharashtra) —In sub-section (2), after the words and letter “in Part B States” insert the words” other than the Hyderabad Area of the State of Maharashtra.” [Vide Maharashtra Act 35 of 1970, sec. 2 (w.r.e.f. 4-9-1956.]
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 Chapter XIV 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. STATE AMENDMENTS Madhya Pradesh.—In clause (a) of section 2, for the words “finger impressions”, substitute the words “finger impressions, palm impressions”. [Vide M.P. Act 40 of 1961, sec. 3 and Sch., Pt. A (w.e.f. 1-2-1962).] Tamil Nadu.—In clause (a) of section 2, after the words “Sub-Inspector” the words “and includes Finger Print Experts of the Finger Print Bureau, Madras and of the Single Digit Finger Print Sections in the State of Tamil Nadu” shall be inserted. [Vide T. N. Act 44 of 1981, sec. 2 (w.e.f. 27-7-1981)].
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 of 1898)*, shall, if so required, allow his measurements and photograph to be taken by a police officer in the prescribed manner. STATE AMENDMENTS

(Gujarat) —In clause (b) of section 3, add the following at the end, namely:— “or under section 93 of the Bombay Prohibition Act, 1949.” [Vide Bombay Act 58 of 1953, sec. 2 (w.e.f. 2-11-1953); Act 11 of 1960, sec. 87.]
(Maharashtra) —For section 3, substitute the following:— “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 punishable under section 19 of the Dangerous Drugs Act, 1930, 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, or under section 93 of the Bombay Prohibition Act, 1949, or to give security for abstaining from commission of certain offences under section 18 of the Dangerous Drugs Act, 1930. shall, if so required, allow his measurements and photographs to be taken by a police officer in the prescribed manner.” [Vide Maharashtra Act 35 of 1970, sec. 4 (w.e.f. 1-3-1971).]
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. State Amendments

(Gujarat) —For section 4 the following shall be substituted, namely:— “4. Taking of measurements or photographs of unconvicted persons.—Any person—

(a) who has been arrested—

(i) under section 55 of the Code of Criminal Procedure, 1898, or under section 4 of the Bombay Beggars Act, 1945,
(ii) in connection with an offence punishable under section 122 of the Bombay Police Act, 1951, or under section 6 or 9 of the Bombay Beggars Act, 1945, or in connection with an offence punishable with rigorous imprisonment for a term of one year or upwards, or
(b) in respect of whom a direction or order under section 55 or 56 of the Bombay Police Act, 1951, or under sub-section (1) or (2) of section 23 of the Bombay Beggars Act, 1945, or under section 2 of the Bombay Public Security Measures Act, 1947, has been made, shall, if so required by a police officer, allow his measurements or photograph to be taken in the prescribed manner.” [Vide Bombay Act 15 of 1948, sec. 2 (w.e.f. 24-3-1948) and 21 of 1954, sec. 3 and Sch. II (w.e.f. 8-4-1954), Act 11 of 1960, sec. 87.]
(Karnataka) —For section 4, substitute the following:— “4. Taking of measurements or photographs of unconvicted persons.—Any person—

(a) who has been arrested in connection with an offence punishable under section 96 of the Karnataka Police Act, 1963, or in connection with an offence punishable with rigorous imprisonment for a term of one year or upward or in connection with an offence for the commission of which on a second or subsequent occasion enhanced penalties have been provided for under any law for the time being in force; or
(b) in respect of whom direction or order under section 54 or 55 of the Karnataka Police Act, 1963, has been made., shall if so required by a police officer, allow his measurements or photographs to be taken in the prescribed manner.” [Vide Karnataka Act 29 of 1975, sec. 4 (2) (w.e.f. 12-8-1975)].
(Maharashtra) —For section 4, substitute the following:— “4. Any person arrested—

(a) who has been convicted—

(i) in connection with an offence punishable under section 19 of the Dangerous Drugs Act, 1930; or section 66, 69 or 85 of the Bombay Prohibition Act, 1949; or section 122 of the Bombay Police Act, 1951; or section 7 of the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954; or section 8 of the Suppression of the Immoral Traffic in Women and Girls Act, 1956; or section 6 or 11 of the Bombay Prevention of Begging Act, 1959; or any other offence punishable with rigorous imprisonment for a term of one year or upwards, or
(ii) under section 54, 55 or 151 of the Code of Criminal Procedure, 1898 or section 4 of the Passport (Entry into India) Act, 1920, or
(b) in respect of whom a direction or order under section 5 of the Passport (Entry into India) Act, 1920, or under sections 55, 56 or 57 of the Bombay Police Act, 1951, has been made, or
(c) to whom a pardon has been tendered under section 337 or 338 or who has been acquitted under section 339A of the Code of Criminal Procedure, 1898. shall, if so required by a Police Officer, allow his measurements or photograph to be taken in the prescribed manner.” [Vide Maharashtra Act 35 of 1970, sec. 5 (w.e.f. 1-3-1971).] Section 4A” Gujarat: Maharashtra.—In its application to the State of Bombay, after section 4, insert the following:— “4A. Taking of measurements, etc., of habitual offenders against whom restriction order is made.—Any person against whom an order of restriction has been made under the provisions of the Bombay Habitual Offenders Act, 1959, shall, if so required, allow his measurements and photographs to be taken by a police officer in the prescribed manner.” [Vide Bombay Act 58 of 1953, sec. 3 (w.e.f. 2-11-1953) and Maharashtra Act 35 of 1970, sec. 6 (w.e.f. 1-3-1971); Act 11 of 1960, sec. 87.] Section 4A and 4B
(Karnataka) —After section 4, insert the following:—
4A. Taking of Measurements, etc., of habitual offenders against whom restriction order is made.—Any person against whom an order of restriction has been made under the provisions of the Karnataka Habitual Offenders Act, 1961, shall if so required by a police officer, allow his measurements or photograph to be taken in the prescribed manner.” [Vide Karnataka Act 29 of 1975, sec. 4(2) (w.e.f. 12-8-1975).] After section 4A, insert the following:—
4B. Taking of measurements etc., of beggars under the Karnataka Prohibition of Beggary Act, 1975.—Any person who has been arrested and not released under sub-section (2) of section 11 of the Karnataka Prohibition of Beggary Act, 1975 (Karnataka Act 27 of 1975) or against whom an order of detention has been made under sub-section

(1) of section 12 of the said Act, shall, if so required by an officer incharge of a receiving centre or relief centre allow his measurements and photographs to be taken in the prescribed manner. [Vide Karnataka Act 1 of 1982, sec. 2 (w.e.f. 16-1-1982)].
4A Taking of Measurements, etc., of habitual offenders against whom restriction order is made. —Any person against whom an order of restriction has been made under the provisions of the Karnataka Habitual Offenders Act, 1961, shall if so required by a police officer, allow his measurements or photograph to be taken in the prescribed manner.” [Vide Karnataka Act 29 of 1975, sec. 4(2) (w.e.f. 12-8-1975).] After section 4A, insert the following:—
4B Taking of measurements etc., of beggars under the Karnataka Prohibition of Beggary Act, 1975. —Any person who has been arrested and not released under sub-section (2) of section 11 of the Karnataka Prohibition of Beggary Act, 1975 (Karnataka Act 27 of 1975) or against whom an order of detention has been made under sub-section

(1) of section 12 of the said Act, shall, if so required by an officer incharge of a receiving centre or relief centre allow his measurements and photographs to be taken in the prescribed manner. [Vide Karnataka Act 1 of 1982, sec. 2 (w.e.f. 16-1-1982)].
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, 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. STATE AMENDMENTS Gujarat: Maharashtra.—In its application to these States, in section 5—

(a) in the first proviso, for the words “except by a Magistrate of the first class” “substitute the words “except by the District Magistrate, a Sub-Divisional Magistrate, a Magistrate of the first class.” [Vide Bombay Act 8 of 1954 sec. 2 and Sch., Part II (w.e.f. 10-2-1954) and Maharashtra Act 35 of 1970, sec. 3, (w.e.f. 1-3-1971); Act 11 of 1960, sec. 87.]
(b) to the first proviso, add the words “or a Presidency Magistrate”* [Vide Bombay Act 11 of 1922, sec. 3 (w.e.f. 14-12-1922), as amended by Bombay Act 17 of 1945; Maharashtra Act 35 of 1970, sec. 3 (w.e.f. 1-3-1971); Act 11 of 1960, sec. 87.] *This institution has been replaced by that of the Metropolitan Magistrate. Besides Bombay, Calcutta and Madras, Ahmedabad has such Magistrate—See Code of Criminal Procedure 1973, sections 8 and 16.

(Karnataka) —In section 5, substitute the following for first proviso:— “Provided that no order shall be made directing any person to be photographed except by a District Magistrate, a Sub-Divisional Magistrate or a Magistrate of the First Class.” [Vide Karnataka Act 29 of 1975, sec. 4 (3) (w.e.f. 12-8-1975)].
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, 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 (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. STATE AMENDMENTS Gujarat: Maharashtra.—In section 7, after the words ‘Officer’ insert the words “or in any area for which a Commissioner of Police has been appointed by the Commissioner of Police”. [Vide Bombay Act 11 of 1922 sec. 4 (w.e.f. 14-12-1922), as amended by Bombay Acts 17 of 1945; 21 of 1954 and 56 of 1959; Maharashtra Act 35 of 1970, sec. 3 (w.e.f. 1-3-1971); Act 11 of 1960, sec. 87.] Note.—Cities of Nagpur, Pune, Thana etc. also have Commissioners of Police now.

(Karnataka) —For section 7, substitute the following:— “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 a person is released without trial, the District Magistrate or the Sub-Divisional Magistrate, or in any area where a Commissioner of Police has been appointed, the Commissioner of Police, for reasons to be recorded in writing otherwise directs, be destroyed or made over to him.” [Vide Karnataka Act 29 of 1975, sec. 4(4) (w.e.f. 12-8-1975)].
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.—(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 undersection 3; and
(f) the preservation, safe custody, destruction and disposal of records of measurements and photographs.
3 [(3) Every rule made under this section shall be laid, as soon as may be after it is made, before State Legislature.] STATE AMENDMENTS Gujarat: Maharashtra.—In clause (e) of sub-section (2), for the words “under section 3” substitute the words “in accordance with the provisions of this Act.” [Vide Bombay Act 58 of 1953, sec. 4 (w.e.f. 1-11-1953) Maharashtra Act 35 of 1970, sec. 3 (w.e.f. 1-3-1971); Act 11 of 1960, sec. 87.]

(Karnataka) —In clause (e) of sub-section (2) of section 8, for the words “under section 3”, substitute the words “in accordance with the provisions of this Act.” [Vide Karnataka Act 29 of 1975, sec. 4(5) (w.e.f. 12-8-1975).]
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.
1. Subs. by the Adaptation of Laws Order, 1950, for sub-section (2). tc” 2. Subs. by the Adaptation of Laws Order, 1950, for sub-section (2).”
2. Subs. by the Adaptation of Laws (No. 3) Order, 1956, for “Part B States”. tc” 3. Subs. by the Adaptation of Laws (No. 3) Order, 1956, for “Part B States”.”
3. Ins. by Act 4 of 1986, sec. 2 and Sch. (w.e.f. 15-5-1986). tc” 1. Ins. by Act 4 of 1986, sec. 2 and Sch. (w.e.f. 15-5-1986).”