Kerala act 039 of 1963 : The Kerala Identification of Prisoners Act, 1963 (No.39 of 1963)

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224

THE

KERALA

IDENTIFICATION

OF

PRISONERS

ACT,

1963

(Act ³⁹

of1963)

CONTENTS

Preamble,

I

Sections

I

1.

Short

title,

extent and commencement.

.

2. Definitions.

3.

Taking

of measurements,

etc., of

convicted persons.

[ ^4.

Taking ^of

measurements,

etc.,^ofnon-convrcted persons.

1 ^5.

Taking ^of

measurements,

etc.,^ofhabitual 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

of measurements,

etc.

8.

Destruction

of

photographs

and records

of measurements, etc., ^on

acquittal.

9.

Power to make rules.

10. Bar

of suits. 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 of

cant/1d:^{and gum;mtht}Stat:

aflferala. PYEamblt.—WHEREAS it is

expedient

to

unify

and amend

the laws authorising ^the

taking ^ofmeasurements^and

photographs ^ofconvicts ^and others in

the State of Kerala ; 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 of

Prisoners

Act,

I963.

(2) ^Itextents ^tothewhole^oftheState^of

Kerala.

(3) ^It

shall ^{come into}force^atonce. 'Receivcd the

assent^ofthe

Gosternor ^onthe—Igth day ^of November, ^[963and

published ^{m the}Gazette

Extraordinary dated l9th

November,

l963. hr

.(l

"W

225

2.

Defimtion:.—~In

this

Act,

unless

the context otherwise requires,—

(a)

"

measurements

"

include

finger impressions ^and

foot-print impressions ^; (b)

"

police

officer" means^anofficerⁱⁿ

charge ^ofa

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

of^a

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 ^ofany offence

punishable ^with

rigorous imprisonment ^{foratermofone}

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 ^forhis

good

behaviour under section 118 of the Code of Criminal

Procedure,

1898

(Central

Act 5 of

1898),

shall, ^ifso

required,

allow^hismeasurements^and

photograph ^tobe taken

by

a

police

officer

in

the

prescribed

manner.

4.

Taking

of

measurements, (to,

of

non-contacted

persons—Any person who has been arrested in connection with^anoffence

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 ^[abemmmmi ^or photographed—If ^a

Magistrate ^issatisfied^thatforthepurposes^ofany investigation ^or

proceeding

under ^{the Codeof}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, ^asthecase

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:

Provrded further ^thatnoorder shall^bemadeunder 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 ^toallow his measurements ^or photograph ^tobetaken resists^orrefuses^toallow^the

taking ^ofthe sfime,

fit shall ^be

lawful to use all means

necessary

to secure the

taking t er o .

(2)

Resistance^or

refusal ^to

allow^the

taking ^ofmeasurements 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^thecourt^or

(in ^acasewhere^suchperson isreleased without

trial)

the District

Magistrate

for reasons to berecorded ⁱⁿ writing

othchise

directs, ^be

destroyed ^{ormadeover tohim.}

9. ^Pawnta malt:

rulu.-—-(l)

The Government may make rules for

the purpose

of

carrying

into effect the

provisions

of this Act.

(2) ^In

particular ^andwithout

prejudice ^tothe

generality ^of the

foregoing provrsion,

such rules may provide

for— (a)

restrictions^onthe

taking ^of

photographs ^ofperson:

under section ⁶;

(b) ^the

places ^atwhich measurements^and

photographs may be taken ;

(r) ^thenature^{of the}measurements^thatmay ^betaken³

(d) ^themethodⁱⁿwhich^anyclass ^or

classes ^ofmeasurements shall be taken ;

(z) ^thedress^tobeworn ^{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 ^rulemadeunder ^thissection shall ^{be laidassoon} as

may be after it is

made,

before the

Legislative Assembly

while

it is in

session ^fora

total

period

of fourteen

days

which may be

comprised in one session

or in two successive sessions, and

if,

before

the

expiry

of the sessionⁱⁿwhich^itisso

laid, ^or

the sesswn

immediately

following, the

Legislative

Assembly

makes any modification

in

the rule or decides that the ^ruleshould ^{not be}

made,

the rule shall

thereafter have effect only ^insuch

modified^formorbeofno

eflect, ^asthecase

may^be; ^so however that any such modification or annulment shall be

~¢_/

227

.

10. Bar

uf

:uitL—No suit cr other

proceeding

shall ^lie against any

persun^for

anything

done, ^or

intended ^tohe

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 of the States

Reorganisafion

Act,

1956

and

ihc

Travancore—Cochin Idcmification

of Prisoners

Act,

1950

(Act ^19of

1950) ^are

hereby

repealed. \

3/5—15a