The KERALA IDENTIFICATION OF PRISONERS ACT, 1963

ACT  39 OF 1963
THE KERALA IDENTIFICATION OF PRISONERS ACT, 1963*
An Act to unify and amend the laws authorising the taking of measurements and
photographs of convicts and others in the State of Kerala. 
Preamble.—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:— 
1. Short title, extent and commencement.—(1) This Act may be called the Kerala
Identification of Prisoners Act, 1963.
(2) It extends to the whole of the State of Kerala.
(3) It shall come into force at once.
2. Definitions.— 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, 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
*Received the assent of the Governor on the 19th day of November, 1963 and published in the Kerala 
Gazette Extraordinary No.127 dated 19th November, 1963.
(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 measurement, 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.
5. Taking of measurements, etc., of habitual offenders against whom restriction
is made .—  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 his measurements and photograph to be taken by police officer in the
prescribed manner.
6.  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  (Central  Act  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.
7. 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 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. 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 for reasons to be recorded in writing otherwise directs, be destroyed or
made over to him.
9. Power to make rules.— (1) 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
provisions, such rules may provide for—
(a)  restrictions  on  the  taking  of  photographs  of  persons  under
section 6 ;
(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
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 session
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 effect, as the case may be; so however that any
such modification or annulment shall be without prejudice to the validity of anything
previously done under that rule.
10. 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.
11. Repeal.—The Identification of Prisoners Act, 1920 (Central Act 33 of 1920)
in so far as it applies to the Malabar district referred to in sub-section (2) of section 5
of the States Reorganisation Act, 1956 and the Travancore-Cochin Identification of
Prisoners Act, 1950 (Act 19 of 1950) are hereby repealed.
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