493. Persons whose finger-prints are to be taken for search. [§ 12, Act V, 1861].
(a)A Court Sub-Inspector shall take and forward for search to the Finger Print Bureau, Calcutta, the finger-prints of every unidentified person arrested as a suspect or undertrial on a criminal charge of an offence punishable with rigorous imprisonment for a term of one year or more. For this purpose every person in custody, whose true name, parentage, residence and antecedents have not been satisfactorily established at the time of his first production in Court, will be considered to be unidentified.(b)The finger-print slips of undertrial prisoners sent up by the Railway Police shall be prepared and submitted for search by the District Police Court officers attached to the Courts to which prisoners are sent up except that the finger-print slips of prisoners sent up by the Railway Police to the Sealdah Police Court and Howrah Court shall be prepared and sent by the Railway Police Court officers posted to those Courts.Note. - (i) Police officers are authorized to take the finger-prints of persons only under sections 4 and 5 of the Identification of Prisoners' Act, 1920 (XXXIII of 1920) of which the former provides for the taking of finger impressions of persons - (1) after arrest and (2) when arrested for an offence punishable with rigorous imprisonment for a term of one year and upwards, and the latter for the taking of finger impressions of persons with the orders of the Magistrate for the purpose of any investigation or proceeding under the Code of Criminal Procedure.(ii)Duplicate finger-print slip shall be taken and submitted to the Finger Print Bureau for search if it is found that for unavoidable reasons and after exercising all possible care the impressions of the subject remain blurred and indistinct.
