AI Overview...
Section 5 of the Identification of Prisoners Act, 1920
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Provision and Scope
Section 5 of the Identification of Prisoners Act, 1920, empowers a magistrate or court to order the measurement or photographing of an accused or prisoner during investigation or trial, under specific circumstances. It provides a legal basis for obtaining physical measurements, photographs, or impressions (such as fingerprints) to aid in identification.
Raju VS State of Rajasthan - Rajasthan, NOOR ALAM KHAN @ GUDDU VS STATE OF WEST BENGAL - Calcutta, Mukhtiar Singh VS State Of Punjab - Punjab and Haryana, N. Mani VS State by Deputy Superintendent of Police CBCID - Madras -
Legal Authority and Procedure
The section grants courts and magistrates the authority to direct the taking of measurements or photographs, including thumb impressions, finger prints, or palm prints, during the course of investigation. These procedures are considered admissible evidence and are conducted under judicial supervision to prevent abuse.
NOOR ALAM KHAN @ GUDDU VS STATE OF WEST BENGAL - Calcutta, BRIJ BHUSHAN RAGHUNANDAN PRASAD VS STATE - Madhya Pradesh, N. Mani VS State by Deputy Superintendent of Police CBCID - Madras -
Relation to Other Laws
Section 5 works in conjunction with the Indian Evidence Act, 1872, and the Criminal Procedure Code, 1973, particularly Section 73, which deals with the admissibility of evidence obtained through identification procedures. The section also aligns with constitutional protections under Article 20(3), ensuring no violation of personal liberty.
Gulzar Khan VS State Of Bihar - Patna, B. RAMI REDDY VS STATE OF ANDHRA PRADESH - Andhra Pradesh, J. E. Gubbay VS Emperor - Calcutta -
Limitations and Judicial Interpretation
The courts have emphasized that the procedures under Section 5 are to be used judiciously and only during investigations. For example, identification by brief viewing is often considered insufficient; a formal Test Identification Parade is preferred for fair process. Handwriting samples, however, are generally excluded from the scope of Section 5.
Prakash VS State of Karnataka - Crimes, SAPAN HALDAR VS STATE - Delhi -
Constitutional and Repeal Considerations
Some judgments have examined the constitutionality of Section 5, especially in relation to individual rights under Article 20(3). The courts have upheld the section's validity, provided procedures are followed appropriately and safeguards are observed. Certain state laws, like the Madhya Bharat Identification of Prisoners Act, 2008, have been scrutinized but upheld as valid.
BRIJ BHUSHAN RAGHUNANDAN PRASAD VS STATE - Madhya Pradesh
Analysis and Conclusion
Section 5 of the Identification of Prisoners Act, 1920, is a vital legal provision that authorizes the identification of prisoners through measurements and photographs during investigations, with judicial oversight. It ensures that such procedures are conducted legally, safeguarding individual rights while aiding criminal identification. Its integration with other laws and constitutional provisions underscores its importance in criminal jurisprudence, although courts stress the necessity for proper procedure and safeguards to prevent misuse.
References:
- Raju VS State of Rajasthan - Rajasthan
- NOOR ALAM KHAN @ GUDDU VS STATE OF WEST BENGAL - Calcutta
- Gulzar Khan VS State Of Bihar - Patna
- Prakash VS State of Karnataka - Crimes
- B. RAMI REDDY VS STATE OF ANDHRA PRADESH - Andhra Pradesh
- SAPAN HALDAR VS STATE - Delhi
- BRIJ BHUSHAN RAGHUNANDAN PRASAD VS STATE - Madhya Pradesh
- N. Mani VS State by Deputy Superintendent of Police CBCID - Madras
Search Results for "Section 5 of Identification of Prisoners Act"
2016 0 Supreme(Raj) 265 • India - Rajasthan
KANWALJIT SINGH AHLUWALIA, PRAKASH GUPTA
5 OF THE IDENTIFICATION OF PRISONERS ACT, 1920 - SECTION 27 OF THE INDIAN EVIDENCE ACT - SECTION 437-A OF THE CODE OF CRIMINAL PROCEDURE ... THE IDENTIFICATION OF PRISONERS ACT, 1920 - SECTION 25 OF THE INDIAN EVIDENCE ACT - SECTION 460 AND SECTION 302 OF THE INDIAN PENAL ... 5 of the Identification of #HL_ST....
2019 0 Supreme(Cal) 203 • India - Calcutta
MD MUMTAZ KHAN
Section 482 - Criminal Procedure - Identification of Prisoners Act, 1920 - Sections 419/420/467/468/471/120B IPC - [Section 5 ... of The Identification of Prisoners Act, 1920] - The court allowed the prayer of the investigating officer to take photograph of the ... Fact of the Case: The petitioner filed an application under Section 482 of the Code of Criminal Procedure, assailing ... S....
1962 0 Supreme(Pat) 13 • India - Patna
S.C.MISRA, N.L.UNTWALIA, K.SAHAI
5 of the Identification of Prisoners Act, 1920, and Section 73 of the Evidence Act, 1872. ... CRIMINAL PROCEDURE - IDENTIFICATION OF PRISONERS ACT, 1920 - SECTION 5 - EVIDENCE ACT, 1872 - SECTION 73 - CONSTITUTION OF INDIA ... Whether such an order is permissible under Section 5 of the Identification of #HL_S....
• India - Crimes
RANJANA PRAKASH DESAI, MADAN B.LOKUR
5, Identification of Prisoners Act. ... (a) Indian Evidence Act, 1872 – Section 9 – Identification of accused – Witnesses identifying accused after briefly seeing him 4 ... ½ years ago – Circumstances of dock identification not satisfactory – Test Identification Parade would have been more appropriate ... Aman had to be taken on a number of occasions at the behest of the Bureau, they were never taken before or under the order of a M....
1971 0 Supreme(AP) 77 • India - Andhra Pradesh
MADHAVA REDDY
CRIMINAL PROCEDURE CODE - SECTION 73 - IDENTIFICATION OF PRISONERS ACT - SECTION 5 - ARTICLE 20(3) OF THE CONSTITUTION OF INDIA ... The court also held that Section 73 of the Indian Evidence Act and Section 5 of the Identification of Prisoners Act empowered the ... So far as giving of thumb-impression, finger print or palm print is concerned, it is covered clear....
2012 0 Supreme(Del) 1494 • India - Delhi
S.P.GARG, PRADEEP NANDRAJOG
Handwriting - Admissibility of Handwriting Sample - Identification of Prisoners Act 1920, Section 4, Section 5 - The court discussed ... It concluded that neither Section 4 nor Section 5 of The Identification of Prisoners Act 1920 would encompass a handwriting. ... Finding of the Court: The court found that neither Section 4 nor Section #HL_S....
1997 0 Supreme(P&H) 194 • India - Punjab and Haryana
V.S.AGGARWAL
that Section 5 of the Identification of Prisoners Act makes special provision for that stage. ... IDENTIFICATION OF PRISONERS ACT - SECTION 2(A), 3, 4, 5, 6 - THUMB IMPRESSION - JUDICIAL MAGISTRATE - POWER TO DIRECT DURING INVESTIGATION ... 5 OF THE IDENTIFICATION OF PRISONERS ACT - POWER OF MAGISTRATE TO ORDER A PERSON TO BE MEASURED OR PHOTOG....
1957 0 Supreme(MP) 69 • India - Madhya Pradesh
SAMVATSAR, DIXIT
CRIMINAL PROCEDURE - ARTICLE 20 (3) OF THE CONSTITUTION - SECTION 5 OF THE MADHYA BHARAT IDENTIFICATION OF PRISONERS ACT, SAMVAT ... Issues: Whether Section 5 of the Madhya Bharat Identification of Prisoners Act, Samvat 2008, is void for being repugnant to ... Finding of the Court: The Court held that Section 5 of the Madhya Bharat Identification of #HL_START....
1935 0 Supreme(Cal) 208 • India - Calcutta
5 of the Identification of Prisoners Act. ... 5 of the Identification of Prisoners Act. ... Identification of Prisoners Act - Excise Investigation - The court held that the provisions of the Code of Criminal Procedure ... The definition of "Police Officer" contained in Section 2, Identification of Prisoners Act, must be read n....
2011 0 Supreme(Mad) 3387 • India - Madras
K.B.K.VASUKI
5 of Identification of Prisoners Act. ... and Sections 4 and 5 of the Identification of Prisoners Act. ... Whereas, Section 5 of the Identification of Prisoners Act empowers the court to pass similar direction to allow measurements or photograph ... from Section 5 of Identification of #HL_ST....
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