(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 referred to as the said Central Act, shall, with effect from the date of publication of this Act in the Official Gazette, extend 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 The Hyderabad Impressions Evidence Act, 1309 Fasli (VII of 1309 Fasli) is hereby repealed:
Provided that, the repeal shall not affect the previous operation of the repealed Act or anything duly done or suffered thereunder:
1. The Identification of Prisoners (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 to the State of Telangana, 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Provided further that subject to the preceding proviso, anything done or any action taken under the repealed Act, shall be deemed to have been done or taken under the corresponding provision of the said Central Act and shall continue to be in force accordingly, unless and until superseded by anything done or any action taken under the said Central Act.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 required, 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 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:
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.