The Rajasthan Identification of Prisoners Act, 1956

Rajasthan Identification of Prisoners Act, 1956 
(Act No. 12 of 1956) 
 
 
(As authorised by the Rajpramukh in pursuance of clause (3) of Article 348 
of the Constitution of India.) 
 
An Act to consolidate and amend the law authorising the taking of 
measurements and photographs. 
 
Be it enacted by the Rajasthan State Legislature in the Seventh Year of the 
Republic of India as follows:- 
 
1.  Short title extent and commencement. - (1) This Act may be called the 
Rajasthan Identification of Prisoners Act, 1956. 
2[(2) It extends to whole of the State of Rajasthan.] 
(3) It shall come into force at once. 
 
2.  Definitions. - In this Act, unless the subject or context otherwise requires:- 
 (a) 'Measurements' includes finger impressions and foot-print impressions,  
 and 
 (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, 1973]3 (Central Act 2 of 1974) or any other police 
officer not below the rank of a Head Constable. 
 
3.  Taking of measurements and photographs. - Every person who has been:- 
 (a) Convicted of on 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 
                                                           
1Received the assent of Highness the Rajpramukh on dated 2-5-1956 (Published in Rajasthan Gazette (Rajpatra) 
Extraordinary Part 4 A dated 4-5-1956). 
2This Act now extend to the whole of the State of Raj. including Abu, Ajmer &Sunel area (w.e.f. 1.9.1957) the date 
of inforcement of the Raj. Act No. 27 of 1957 (Subs. by 27 of 1957)(Pub.inRaj.Gaz.,Ex.-ord,Pt.IV-A dated 13.8.1957) 
3Subs. by the Act No. 23 of 1978, Sec. 2 (Pub.inRaj.Gaz.,Ex.-ord,Pt.IV-A at page 1, dated 30.12.1978 
 
 b) ordered to give security for his good behaviour u nder section 117 of  the 
Code of Criminal Procedure, 1973]1 (Central Act 2 of 1974), or 
(c) arrested under section 55 of the said code, or 
(d) 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 or otherwise, allow his measurements and  photographs., to be 
taken in the prescribed manner. 
 
4. Power to Magistrate to order a person to be measured or photographed 
- If a Magistrate is satisfied that for the purpose of an investigation or 
proceeding under the Code of Criminal Procedure, 1973 (Central Act 2 of 
1974), it is expedient to direct any person to allow his measurements or 
photographs 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 its measurements or 
photographs 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. 
 
5. Resistance to the taking of measurements etc.  - (a) If any person who 
under this Act is required to allow his measurements or photographs 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 
photographs under this Act shall be deemed to be an offence under section 
186 of the Indian Penal Code (Central Act 45 of 1860). 
 
6. 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 measurement s 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 cas e 
where such person is released without trial) the District Magistrate or Sub -
Divisional Magistrate for reasons to be recorded in writing otherwise directs 
be destroyed or made over to him. 
7. Power to make rules  - (1) The State 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 4; 
(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 section 
3; and 
(f) the preservation, safe custody, destruction and disposal of records of 
measurements and photographs. 
 
8. Bar of suits  - No suit or other proceeding shall lie against any person for 
anything done, or intended to be done, is good faith under this Act or under 
any rule made thereunder. 
9. 1[---] 
                                                           
1Deleted by notification date 13.1.1957 
 

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