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identification of Prisoners Act, 1920

Act· 1920· 4 pages
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Summary

This Act authorises the police to take measurements and photographs of certain convicted and arrested persons for identification purposes. Section 2 defines "measurements" to include fingerprint and footprint impressions, and defines which police officers are covered.

Section 3 requires anyone convicted of an offence carrying rigorous imprisonment of one year or more (or an offence that would trigger enhanced punishment on a repeat conviction), or ordered to give security for good behaviour under the criminal procedure code, to allow police to take their measurements and photograph if required. Section 4 extends a similar duty to anyone simply arrested (not yet convicted) in connection with an offence carrying rigorous imprisonment of one year or more, but this covers only measurements, not photographs.

Section 5 lets a Magistrate order any person's measurements or photograph to be taken for the purposes of a criminal investigation or proceeding, though only a Magistrate of the first class can order a photograph, and only if the person has at some point been arrested in connection with that investigation. Section 6 allows police to use necessary force if someone resists having their measurements or photograph taken, and treats such resistance as an offence under Section 186 of the Pakistan Penal Code (obstructing a public servant).

Section 7 protects people who are acquitted or discharged without having been previously convicted of a serious offence: their measurements and photographs (including negatives and copies) must generally be destroyed or returned to them, unless the court or relevant magistrate/officer records specific reasons to keep them. Section 9 protects anyone acting in good faith under this Act or its rules from being sued.

This is an old law from 1920 that has been amended for specific provinces (notably Sind) over the decades; readers should check the current text for any province-specific variations that may apply.

Key topics

fingerprinting and photography of suspectspolice identification powersdestruction of records on acquittalmagistrate-ordered identification

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