The Kerala Identification of Prisoners Act, 1963

fi/ 224 THE KERALA IDENTIFICATION OF PRISONERS ACT, 1963 (Act 39 of1963) CONTENTS Preamble, hr I Sections I 1. Short title, extent and commencement. . 2. Definitions. 3. Taking ofmeasurements, etc., ofconvicted persons. [ 4. Taking ofmeasurements, etc., of non-convrcted persons. 1 5. Taking ofmeasurements, etc., of habitual ofl'enders against ' whom restriction is made. 6. Power of Magistrate to order a person to be measured or photographed. 7. Resistance to the taking ofmeasurements, etc. 8. Destruction of photographs and records of measurements, etc., on acquittal. 9. Power to make rules. 10. Bar ofsuits. l i. Repeal. ACT 39 OI" 1963‘ THE KERALA IDENTIFICATION OF PRISONERS ACT, l963 An Att to unify and amcnd the laws autharirmg th: taking of measurements and [zhutagmp’u ofcant/1d: and gum; m tht Stat: aflferala. PYEamblt.—WHEREAS it is expedient to unify and amend the laws authorising the takingofmeasurementsand photographsofconvicts and others in the State ofKerala ; Be it enacted in the Fourteenth Year of the Republic of. India as follows :— l. Stunt title, txtmt and cammmmuent.—(l) This Act may be called the Kerala Identification ofPrisoners Act, I963. (2) It extents to the whole ofthe StateofKerala. (3) It shall come into force at once. Gosternor the—Igth 'Receivcd the assent of the on day of November, [963 and published m the Gazette Extraordinary dated l9th November, l963. 225 2. Defimtion:.—~In this Act, unless the context otherwise requires,— (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 (Central Act 5 of 1898), or any other police officer not below the rank ofa Sub-Inspector ; (c) “prescribed " means prescribed by rules made under this Act. 3. Taking of measurements, elm, of conflict!!! [am-ML—Evcry . person who has been—- (a) convicted of any offence punishable with rigorous imprisonment fora 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 (Central Act 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, (to, of non-contacted persons—Any .(l person who has been arrested in connection with an offence punishable With rigorous imprisonment for aterm of one year or upwards shall, if so required by a police officer, allow his measurements to be taken in the prescribed manner. 5. Tukingaf meaiuremmls, era, of habitual oflender: aguimtwham ieslmtton is mania—Any person against whom an order of restriction has been made under section 11 of the Kerala Habitual Offenders Act, 1960 (Act 28 of 1960), shall, if so required, allow l'HS measurements and photograph to be taken by a police officer in the prescribed manner. 6. Power {if Magistrate [0 0rd” :1 permit [a be mmmmi or photographed—If a Magistrate is satisfied that for the purposes of any investigation or proceeding under the Code of Criminal Procedure, 1898 (Central Act 50f1896), it is expedient to direct any person to allow his‘mcasurements or photograph to be taken, he may make an order to that effect, and m 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: “W Provided that no order shall be made directing any person to be photographed except by a Magistrate ofthe First Class: Provrded further that no order shall be made under this section unless the person has at some time been arrested in connectlon with such investigation or proceeding. 3/5—15 226 7. Ruitlanc: lo the (airing of meanmmmu, ale—(1) If any person who under this Act is requlred to allow his measurements or photograph to be taken resists or refuses to allow the taking of the sfime, fit shall be lawful to use all means necessary to secure the taking t ereo . (2) Resistance 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 (Central Act 45 of 1860). 8. Dettmti'nn of photographs and record: of mmurnnenls, eta, an acqmltal.—-Where any person who, not havmg been prevrously convicted of an offence punishable With rigorous imprisonment fora 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 isreleased without trial) the District Magistrate for reasons to berecorded in writing othchise directs, be destroyed or made over to him. 9. Pawn ta malt: rulu.-—-(l) The Government may make rules for the purpose ofcarrying into effect the provisions ofthis Act. (2) In particular and without prejudice to the generality of the foregoing provrsion, such rules may provide for— (a) restrictions on the taking of photographs of person: under section 6 ; (b) the places at which measurements and photographs may be taken ; (r) the nature of the measurements that may be taken 3 (d) the method in which anyclassorclassesofmeasurements shall be taken ; (z) the dress to beworn by a person when being photo. graphed under sections 3 and 5; and (f) the preservation, safe custody, destruction and disposal of records of measurements and photographs. (3) Every rule made under this section shall be laid as soon as may be after it is made, before the Legislative Assembly while it is in session for a total period of fourteen days which may be comprised in one session or in two successive sessions, and if, before the expiry of the session in which it is so laid, or the sesswn immediately following, the Legislative Assembly makes any modification in the rule or decides that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no eflect, as the case may be ; so however that any such modification or annulment shall be withou prejudice to the validity of anything previously done under that rule. 227 10. Bar uf :uitL—No suit cr other proceeding shall lie agai . nst any persun for anything done, or intended to he done, in good faith under this Act or under any rule made thereunder. H. Repenl.——Thc Identification of Prisoners Act, 1920 (Central Act 33 of 1920) in so far as it applies (0 the Malabar district referred to in sub-section (2) of section 5 ofthe States Reorganisafion Act, 1956 and ihc Travancore—Cochin Idcmification of Prisoners Act, 1950 (Act 19 of 1950) are hereby repealed. \ ~¢_/ 3/5—15a