S.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 followin

S.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

S.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."
    &n

S.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

S.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 AMENDME

S.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).

S.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".
      &

S.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 undersection 3; and
     &

S.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.