M.P. Identification of Prisoners Rules, 1967

The M.P. Identification of Prisoners Rules, 1967

Published vide Notification No. 2337-2-B-(1), dated 14-5-1968, M.P. Rajpatra, Part 4 (Ga), dated 24-5-1968 at pages 446-449

mp324

In exercise of the powers conferred by Section 8 of the Identification of Prisoners Act, 1920 (XXXIII of 1920), and in supersession of all rules previously made on the subject, the State Government hereby makes the following rules, namely :

  1. These rules may be called the Madhya Pradesh Identification of Prisoners Rules, 1967.
  2. Definitions.- In these rules, unless the context otherwise requires-

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

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

(c) All other words and expressions used herein but not defined shall have the meanings assigned to them in the Act.

  1. Taking of photographs or measurements.- Allow his photograph or measurements to be taken under Section 3 or Section 4, shall allow them to be taken under the directions of a police officer.
  2. Places at which measurements 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.

  1. Measurements how 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.

  1. Methods of measurements and photographs and their copies.- (1) As many copies of finger print impressions may be taken as are required in accordance with the departmental rules for the time being in force and as many copies of foot print impression 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 of two kinds, rolled and plain, and they shall be taken in the manner prescribed hereunder :

(a) A "Rolled" impression shall be taken by placing the finger on the inked slab, the plane of the nail being at right angles to the slab, and turning over till the bulb surface which originally faced to the left faces to the right;

(b) A "Plain" impression shall be taken by placing the ridge surface of the finger flat upon the inked slab;

(c) In all cases "Rolled" and "Plain" impressions of both the right and left hands shall be taken;

(d) The "Rolled" impressions of the right hand shall be taken first, each finger being inked and impressed before the next finger is inked. When the "Rolled" impressions of the right hand have been taken the "Plain" impressions of four fingers of that hand shall be taken in the space provided for them on the Finger Print Slip;

(e) After the finger impressions of the right hand have been taken the finger impressions of the left hand shall be taken in the manner provided in clause (d);

(f) "Rolled" impressions shall be so taken as to show the complete contour of the bulbs of the fingers, one delta in the case of the "Loops" and two in the case of "Whorls" must be visible. The impression of only the upper phalanx of the finger must appear.

(3) Foot print impressions shall be taken in the manner prescribed hereunder :

A tin slab shall be inked with printer's ink by means of a roller. The person to be measured shall be bare-footed and shall place each foot in turn first on the inked slab and then upon a piece of paper kept ready at hand for the purpose of taking impressions.

(4) The photographs 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 the reliable witness and shall wear his ordinary clothes and shall be bare-headed or wear head-gear, as required by the Police Officer under whose direction 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.

  1. Custody and disposal of photographs and/or measurements taken under Section 5.- When a Magistrate of the First Class directs under Section 5 that any person shall allow his measurements or photographs 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.
  2. Custody and disposal of other photographs and/or measurements.- (a) In the case of persons whose history sheets are on record, or are proposed to be recorded, in the Central Intelligence Bureau, one set of the photographs shall be kept in the office of the District Superintendent of Police concerned and one set shall be sent to the Central Intelligence Bureau for record.

(b) Finger and foot-print impressions shall be recorded in Madhya Pradesh Finger Print Bureau.

(c) Photographs and finger and foot-print impressions shall be destroyed-

(i) in the case of a person who is a professional prisoner, note-forger, coiner, arms smuggler or a habitual criminal on his attaining the age of 80 years or on his death whichever is earlier; and

(ii) in the case of any person-

(a) if he has not more than two convictions in the native district (not having been convicted outside his native district) and has not, subsequent to his conviction or last conviction as the case may be, been suspected of crime or convicted on the expiry of 10 years from the date of his release or last release from jail, as the case may be; or

(b) if he has been convicted outside his native district or has more than two convictions in his native district and has not, subsequent to his conviction or last conviction, as the case may be, been suspected of crime or convicted on the expiry of 15 years from the date of his release or last release from jail, as the case may be; or

(c) on his attaining the age of 80 years; or

(d) on his death, whichever is earlier.

  1. Reproduction of photographs and measurements in Police Gazette.- The Deputy Inspector General of Police (Intelligence and Security). may in his discretion, order the reproduction in the PoliceGazetteof photographs or measurements taken under these rules. All photozinc blocks prepared in connection with such publication shall remain in charge of the Deputy Inspector General of Police (Intelligence and Security).