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Report No. 87

5.17. Section 4-State Amendments.-

Section 4 provides for the taking of measurements of any person who has been arrested in connection with an offence punishable with rigorous imprisonment for a term of one year or upwards, if so required by a police officer. State amendments to this section have expanded its scope in several directions. In the first place, power has been given to take also a photograph of the persons concerned. In the second place, persons who have been arrested under section 19 of the Dangerous Drugs Act1 or section 7 of the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954 or section 8 of the Suppression of Immoral Traffic in Women and Girls Act, 1956 have been covered2. In the third place, persons arrested under sections 54, 55 or 151 of the Code of Criminal Procedure, 1898 (now the Code of 1973-sections 41 and 151), have been covered.3

In the fourth place, persons in respect of whom a direction or order under section 5 of the Passport (Entry into India) Act, 1920 has been made, have been covered. That section authorises the Central Government to order the removal from India of a person who has entered without passport. In the fifth place, persons to whom pardon has been tendered under certain provisions of the Code of Criminal Procedure have been covered. Finally, persons arrested in connection with offences under certain local laws relating to police, beggars and habitual offenders have been covered.4

1. Para. 5.13, supra.

2. Compare Maharashtra Act 35 of 1970.

3. Compare Maharashtra and Gujarat Amendment.

4. Maharashtra Act 35 of 1970, amendment of section 4 and now section 4A inserted by Bombay Act 58 of 1953.



Identification of Prisoners Act, 1920 Back




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