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Bombay Presidency - Act

The Bombay Identification of Prisoners Rules, 1936

BOMBAY PRESIDENCY
India

The Bombay Identification of Prisoners Rules, 1936

Rule THE-BOMBAY-IDENTIFICATION-OF-PRISONERS-RULES-1936 of 1936

Published on 27 February 1936
Commenced on 27 February 1936
[This is the version of this document from 27 February 1936.]
[Note: The original publication document is not available and this content could not be verified.]

The Bombay Identification of Prisoners Rules, 1936Published vide Notification No. G. N., H. D., No. 9322-2, dated 27th February, 1936 (B. G., Part 4A, p. 310)In exercise of the powers conferred by section 8 of the Identification of Prisoners Act, 1920 (XXXIII of 1920), the Governor in Council is pleased to make the following rules for the purpose of carrying into effect the provisions of the said Act, namely :-

1. Short title.

- These rules may be called the Bombay Identification of Prisoners Rules, 1936.

2. Definitions.

- In these rules, unless thereby anything repugnant in the subject or context, -

(a)"Act" means the Identification of Prisoners Act, 1920;

(b)"Section" means a section of the Act; and

(c)Words and expressions defined in the Act shall have the meaning assigned to them in the Act.

3. Taking of photographs or measurements.

- Every person required to allow his photograph or measurements to be taken under section 3 [section 4 or section 4-A] [Substituted by G. N. of 9.4.1956.], shall allow them to be taken under the directions of a police officer.

4. Place at which measurement and photographs can be taken.

(1)Measurements and photographs may be taken -

(a)in jail, if the person whose photograph or measurements are to be taken, is in jail,

(b)at a police station or at any other place at which the police officer may direct the taking of the measurements or photographs, if the person whose photograph or measurements are to be taken, is in police custody.

(2)If the person whose photograph or measurements are to be taken has been released from jail before his measurements or photograph have been taken or is not in police custody, he shall on receipt of an order in writing from an officer in charge of a police station attend at such place as may be specified in such order, on the date and at the time stated therein, for the purpose of having his measurements or photograph taken.

5. Restrictions on the taking of photographs.

(1)The taking of photographs under section 3 shall ordinarily be restricted to persons having at least two convictions for an offence of the nature referred to in clause (a) of section 3 but a person convicted of counterfeiting coins or currency notes, or of cheating, robbery or dacoity, or a person who has exhibited considered preparation or unusual skill in the commission of his first offence may be photographed after the first conviction.

(2)Photographs under [* * *] [Deleted by G. N. of 9.4.1956.] section 4 shall ordinarily be taken only with the permission of the Commissioner of Police in [Greater Bombay] [Substituted by G. N. of 9.4.1956.] and of the Superintendent of Police elsewhere.

6. Restrictions on the service of an order under rule 4 for taking measurements and photographs again.

- No person whose photograph or measurements have been once taken under section 3, [4 or 4-A] [Substituted by G. N. of 9.4.1956.] shall be required under sub-rule (2) of rule 4 to attend at a police station or other place, to have such photograph or measurements taken again unless such person again becomes liable under section 3, [4 or 4-A] [Substituted by G. N. of 9.4.1956.] to have his photograph or measurements taken or unless the photograph or measurements list taken are, in the opinion of the Deputy Inspector General of Police, Criminal Investigation Department, the Commissioner of Police, Bombay, the Officer-in-charge of Fingerprint Bureau, or of any other local police officer, defective.

7. Measurements have to be taken.

(1)Measurements of the whole or of any part of the body may be taken.

(2)The measurements of a woman shall be taken by another woman with strict regard to decency.

8. Method of measurements and photographs and their copies.

(1)As many copies of fingerprint impressions may be taken as are required in accordance with the departmental rules for the time being in force and as many copies of footprint impressions may be taken as may, in the opinion of the police officer taking them, be necessary, for the identification of the person concerned.

(2)Finger impressions shall be taken by applying printer's ink to the palmar surfaces of the fingers and thumbs above the first joint and then applying the surfaces so inked to a paper form prepared so as to show the impression of each finger or thumb in the space provided for it.

(3)Footprint impressions shall ordinarily be taken by applying printer's ink to the sole of the foot and then applying the inked surface to a sheet of paper and/or by tracing the outline of the foot, with or without shoes or boots, on a sheet of paper.

(4)The photograph may be taken full face, side face, head, bust or full length.

(5)The person to be photographed shall, when he is not in jail, be first identified by two reliable witnesses and shall wear his ordinary clothes and shall be bare headed or wear head-gear, as required by the Police Officer under whose directions the photograph is being taken. Such person may also be required to allow himself to be photographed wearing any other kind of clothes if there is reason to suspect that he has worn such clothes for the commission of any offence.

9. Custody and disposal of photographs and/or measurements taken under section 5.

- When a Magistrate of the First Class or a Presidency Magistrate directs under section 5 that any person shall allow his measurements or photograph to be taken, the measurements or photograph together with the negative and all copies thereof shall be handed over to the Magistrate giving such direction and shall remain the property of the Court, to be filed with the records of the Court, or otherwise used as the Court may deem fit, and shall subject to the provisions of section 7 be disposed of finally as the Court may order.

10. Custody and disposal of photographs and/or measurements taken under section 3.

- Photographs and measurements taken under section 3 together with negatives and all copies thereof shall be recorded and kept in safe custody in [Greater Bombay] [Substituted by G. N. of 9.4.1956.] by the Commissioner of Police, and elsewhere by the Deputy Inspector General of Police, Criminal Investigation Department, Poona.Spare copies of such measurements or photographs may be supplied to any Superintendent of Police or his subordinates within whose jurisdiction there is reason to believe that the person to whom the said measurements or photographs relate has committed an offence.

11. Custody and disposal of other photographs and/or measurement.

(1)Photographs and measurements taken under section 4 [or section 4A] [Inserted by G. N. of 9.4.1956.], together with all negatives and copies thereof shall remain in the custody of police until the completion of the investigation or until the case is finally decided and thereafter shall, subject to the provisions of section 7, be disposed of as prescribed in sub-rule (2).

(2)The photographs and measurements -

(a)may, if the person to whom they relate is subsequently convicted, be retained by any of the following officers, namely :-

The Deputy Inspector General of Police, Criminal Investigation Department, Poona, the Commissioner of Police, Bombay, the District Superintendent of Police or any of his subordinates within whose jurisdiction the person was either convicted, or arrested, or is suspected to have committed an offence;

(b)shall be retained by the officers mentioned in clause (a) if proceedings of the nature mentioned in [clause (b) of section 4 or section 4A] [Substituted by G. N. of 9.4.1956.] have been taken against the person whom they relate to or if such person has been arrested under section 55 of the Criminal Procedure Code or in connection with any offence specified in the schedule annexed to these rules and if the trying Court, or where the person is released without trial, in [Greater Bombay] [Substituted by G. N. of 9.4.1956.], the Commissioner of Police, and elsewhere the District Magistrate so directs, for reasons recorded in writing;

(c)shall, if they are not retained under clause (a) or clause (b), be destroyed.

12. Reproduction of photos and measurements in Police Gazette, etc.

- The Deputy Inspector General of Police, Criminal Investigation Department, Poona, or the Commissioner of Police, Bombay, may, in his discretion, order the reproduction in the Police Gazettes of photographs or measurements taken under these rules. All photozinco blocks prepared in connection with such publication shall remain in charge of the Deputy Inspector General or Police, Criminal Investigation Department, Poona.[Schedule] [Substituted by G. N. of 5.8.1955.][See rule 11 (2)(b)]Indian Penal Code (XLV of 1860)

Chapter VI
Sections : 121, 121-A, 122, 123, 124, 124-A, 125, 126, 127, 128 and 130

Chapter VIII
Section : 147

Chapter IX
Section : 170

Chapter XII
Sections : 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260, 261 and 263

Chapter XVI
Sections : 302, 304, 307, 308, 311, 324, 325, 326, 327, 328, 329, 332, 333, 342, 343, 344, 345, 346, 347, 348, 353, 356, 357, 363, 364, 365, 366, 367, 368, 369, 370, 371, 372, 373, 376 and 377

Chapter XVII
Sections : 379, 380, 381, 382, 384, 385, 386, 387, 388, 389, 392, 393, 394, 395, 396, 397, 398, 399, 400, 401, 402, 404, 406, 407, 408, 409, 411, 412, 413, 414, 417, 418, 419, 420, 427, 429, 430, 431, 432, 433, 435, 436, 437, 438, 439, 440, 448, 450, [451] [When the offence of house trespass is committed with intent to commit theft.], 452, 453, 454, 455, 456, 457, 458, 459, 460 and 462

Chapter XVIII
Sections : 489-A, 489-B, 489-C and 489-D :

The Indian Arms Act, 1878 (XI of 1878)Sections : 19 and 20 :The Dangerous Drugs Act, 1930 (II of 1930)Sections : 10, 11, 12, 13, 14, 15, 16, 17, 20 and 21 :The Foreigners Act, 1946 (XXXI of 1946)Section : 14 :The Bombay Prevention of Gambling Act, 1887 (Bombay VI of 1887)Sections : 4, 5 and 12 (if the offence consists of wagering or betting) :The Bombay Prevention of Prostitution Act, 1923 (Bombay XI of 1923)Section : 9, Clauses (4) and (5) :The Bombay Beggars Act, 1945 (Bombay XXIII of 1945)Sections : 6 and 9 :The Bombay Habitual Offender's Restriction Act, 1947 (Bombay LI of 1947)Sections : 18, 19 and 20Note. - Finger Impression Slips of all persons against whom orders of restriction have been made under the Bombay Habitual Offenders' Restriction Act, 1947, should be sent to Fingerprint Bureau for record.The Bombay Prohibition Act, 1949 (Bombay XXV of 1949)Sections : 65, 66, 67, 68, 69, 72, 83, 85, 95, 96 and 97The Bombay Police Act, 1951 (Bombay XXII of 1951)Sections : [118(1), 122] [Substituted by G.N. of 24.4.1957.] 135 and 142.

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