LexThe Identification of Prisoners (Application to Hyderabad) Act, 1956.
Telangana · state statute
Open in Lexace · Ask the AI about this actTHE IDENTIFICATION OF PRISONERS (APPLICATION TO
HYDERABAD) ACT, 1956.
(ACT NO. XXVII OF 1956.)
ARRANGEMENT OF SECTIONS
Sections
1. Short title, extent and commencement.
2. Application of Central Act 33 of 1920 to Hyderabad.
3. Repeal of Hyderabad Act VII of 1309 Fasli.
Schedule.
ANNEXURE
1. Short title and extent.
2. Definitions.
3. Taking of measurements, etc., of convicted
person.
4. Taking of measurements, etc., of non-convicted
person.
5. Power of Magistrate to order a person to be
measured or photographed.
6. Resistance to the taking of measurements, etc.
7. Destruction of photographs and records of
measurements, etc. on acquittal.
8. Power to make rules.
9. Bar of suits.
THE IDENTIFICATION OF PRISONERS (APPLICATION TO
HYDERABAD) ACT, 1956.1
ACT No. XXVII OF 1956.
1. (1) This Act may be called the Identification of
Prisoners (Application to Hyderabad) Act, 1956.
(2) It extends to the whole of the State of 2Telangana.
(3) It shall come into force on the date of its publication
in the Official Gazette.
2. The Identification of Prisoners Act, 1920 (Central Act 33
of 1920), hereinafter refer red to as the said Central Act,
shall, with effect from the date of publication of this Act in
the Official Gazette, e xtend to and be in force in the area to
which this Act extends subject to the modification
mentioned in the Schedule and shall, accordingly be in
force in the said area with effect from the said date in the
form specified in the Annexure to the Schedule.
3. The Hyderabad Im pressions Evidence Act , 1309 Fasli
(VII of 1309 Fasli) is hereby repealed:
Provided that, the repeal shall not affect the previ ous
operation of the repealed Act or anything duly done or
suffered thereunder:
1. The Identification of Prison ers (Application to Hyderabad ) Act, 1956
received the assent of the Rajpramukh on 01.09.1956. The said Act in
force in the combined State, as on 02.06.2014, has been adapted t o the
State of T elangana, under section 101 of the Andhra Pradesh
Reorganisation Act, 2014 (Central Act 6 of 2014) vide. the Telangana
Adaptation of Laws (No.2) Order, 2016, issued in G.O.Ms.No.46, Law (F)
Department, dated.01.06.2016.
2. Substituted by G.O.Ms.No.46, Law (F) Department, dated 01.06.2016.
Short title, extent
and
commencement.
Application of
Central Act 33 of
1920 to
Hyderabad.
Repeal of
Hyderabad
Act VII of 1309
Fasli.
2 [Act No. XXVII of 1956]
Provided further that subject to the preceding proviso,
anything done or any action taken under the repea led Act,
shall be deemed to have been done or taken under the
corresponding provision of the said Central Act and shall
continue to be in force accordingly, unless and until
superseded by anything done or any action taken under the
said Central Act.
[Act No. XXVII of 1956] 3
SCHEDULE.
The Identification of Prisoners Act, 1920 (Central Act
33 of 1920).
For sub -section (2) of section 1, the following
sub-section shall be substituted, namely:-
“(2) It extends to the whole of the Telangana Area of
the State of Andhra Pradesh.”
4 [Act No. XXVII of 1956]
ANNEXURE.
The Identification of Prisoners Act, 1920 (Central 33 of
1920) as modified by the aforesaid Schedule.
An Act to authorise the taking of measurements and
photographs of convicts and others.
Whereas it is expedient to authorise the taking of
measurements and photographs of convicts and others;
It is hereby enacted as follows:-
1. (1) This Act may be called the Identification of
Prisoners Act, 1920; and
(2) It extends to the whole of the Telangana Area of the
State of Andhra Pradesh.
2. In this Act, unless there is anything repugnant in the
subject or context :-
(a) „measurement‟ includes finger impressions and
footprint impressions;
(b) „police officer ‟ means an officer in charge of a
police station, a police officer making an investigation under
Chapter XIV of 3the Code of Criminal Procedure, 1898, or
any other police officer not below the rank of Sub -Inspector;
and
(c) „prescribed‟ means prescribed by rules made under
this Act.
3. Please see now the provisions under the Code of Criminal Procedure,
1973 (Central Act 2 of 1974).
Short title and
extent.
Definitions.
[Act No. XXVII of 1956] 5
3. 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
(b) ordered to give security for his good behaviour
under section 118 of 4the Code of Criminal Procedure, 1898,
shall, if so r equired, allow his measurements and
photograph to be taken by a police officer in the prescribed
manner.
4. 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. If a Magistrate is satisfied that, for the purposes of any
investigation or proceeding under 4the Code of Criminal
Procedure, 1898, it is expedient to dire ct 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:
4. Please see now the provisions under the Code of Criminal Procedure,
1973 (Central Act 2 of 1974).
Taking of
measurements,
etc., of convicted
person.
Taking of
measurements,
of non-convicted
persons.
Power of
Magistrate to
order a person to
be measured or
photographed.
6 [Act No. XXVII of 1956]
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.
6. (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 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.
7. 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 photograph ed in
accordance with the provisions of this Act, is released
without trial or discharged or acquitted by any Court, all
measurements and all photog raphs (both negatives and
copies) so taken shall, unless the Court or (in a case where
such person is released without trial) the District Magistrate
or Sub -Divisional Officer for reasons to be re corded in
writing otherwise directs, be destroyed or made over to him.
8. (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 provision, such rules may provide for-
(a) restrictions on the taking of photographs of persons
under section 5;
(b) the places at which measurements and
photographs may be taken;
Destruction of
photographs and
records of
measurements,
etc. on acquittal.
Power to make
rules.
Resistance to the
taking of
measurements,
etc.
[Act No. XXVII of 1956] 7
(c) the nature of the measurements that may be taken;
(d) t he method in which any class or classes of
measurements shall be taken;
(e) the dress to be worn by a per son when being
photographed under section 3; and
(f) the preservation, safe custody, destruction and
disposal of records of measurements and photographs.
9. 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.
* * *
Bar of suits.