Report No. 87
5.13. Section 3-State Amendment.-
Section 3 requires every person who has been convicted of certain specified offences or who has been ordered to furnish security for good behaviour under the Code of Criminal Procedure to allow his measurements and photographs to be taken by the police officer in the prescribed manner, if so required. Offences mentioned in this behalf are-offences punishable with rigorous imprisonment for a term of one year or upwards and also offences which would render the person convicted liable to enhanced punishment on a subsequent conviction. As a result of practical difficulties experienced in the working of the section-presumably because of its limited scope-extensive amendments have been made by several States in the section.
We have taken ourselves through those amendments and, as a result of our study have come to the conclusion that the scope of the section needs to be expanded in certain directions. For example, while the test of punishment of rigorous imprisonment of one year or upwards laid down in section 3 is satisfactory so far as it goes, certain other offences should also be included, having regard to their nature and to the consideration that, in practice, they are likely to be persistently repeated, because of the prospect of gain. For this reason, we recommend that the offence under section 19 the Dangerous Drugs Act, 1930 should be included in section 3 of the Act of 1920. Section 19 punishes a person who, without licence, engages in, or controls, any trade whereby a dangerous drug is obtained outside India and supplied outside India. The offence is likely to be repeated in view of substantial profits likely to accrue from its commission.