The Kerala Identification of Prisoners Act, 1963

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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., of non-convrcted persons.
1
5. Taking of measurements, 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 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; m tht Stat: aflferala.
PYEamblt.—WHEREAS it is expedient to unify and amend the laws
authorising the taking of measurements and photographs of convicts 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) It extents to the whole of the State of Kerala.
(3) It shall come into force at once.
'Receivcd the assent of the Gosternor on the—Igth day of
November, [963 and published m the Gazette Extraordinary
dated l9th November, l963.
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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 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 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
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:
Provided that no order shall be made directing any person to be
photographed except by a Magistrate of the 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.
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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 of carrying into effect the provisions of this 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 any class or classes of measurements
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.

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10. Bar uf :uitL—No suit cr other proceeding shall lie
against 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 of the States Reorganisafion Act, 1956
and ihc Travancore—Cochin Idcmification of Prisoners Act, 1950
(Act 19 of 1950) are hereby repealed.
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