Section 2 of The Criminal Procedure (Identification) Act, 2022
- (1)In this Act, unless the context otherwise requires,—
- (a)“Magistrate” means,—
- (i)in relation to a metropolitan area, the Metropolitan Magistrate;
- (ii)in relation to any other area, the Judicial Magistrate of the first class; or
- (iii)in relation to ordering someone to give security for his good behaviour or maintaining peace, the Executive Magistrate;
- (b)“measurements” includes finger-impressions, palm-print impressions, foot-print impressions, photographs, iris and retina scan, physical, biological samples and their analysis, behavioural attributes including signatures, handwriting or any other examination referred to in section 53 or section 53A of the Code of Criminal Procedure, 1973 (2 of 1974);
- (c)“police officer” means the officer-in-charge of a police station or an officer not below the rank of Head Constable;
- (d)“prescribed” means prescribed by rules made under this Act;
- (e)“prison officer” means an officer of prison not below the rank of Head Warder.
- (a)“Magistrate” means,—
- (2)Words and expressions used herein and not defined but defined in the Indian Penal Code (45 of 1860) and the Code of Criminal Procedure, 1973 (2 of 1974) shall have the same meanings respectively assigned to them in those Codes.
Summary
- The term Magistrate means a Metropolitan Magistrate in city areas, a Judicial Magistrate of the first class in other areas, or an Executive Magistrate when dealing with orders for peace and good behavior security.
- The term measurements includes fingerprints, palm prints, footprints, photographs, iris and retina scans, physical and biological samples, and their detailed analysis.
- Measurements also cover behavioral traits like signatures, handwriting, and any medical examination referred to in sections 53 or 53A of the Code of Criminal Procedure, 1973.
- A police officer is defined as the officer in charge of a police station or any officer who is at least a Head Constable.
- A prison officer refers to any jail officer who is at least a Head Warder.
- Any undefined words that are defined in the Indian Penal Code, 1860, or the Code of Criminal Procedure, 1973, have those same meanings.
Practical examples
FAQ
1. Who qualifies as a police officer under this law?
Only an officer in charge of a police station or an officer who is at least a Head Constable or of higher rank.
2. Who qualifies as a prison officer under this law?
Any prison official who is at least a Head Warder or of higher rank.
3. What does the term measurements include?
It includes fingerprints, palm prints, footprints, photographs, iris and retina scans, biological samples and analysis, signatures, handwriting, and examinations under sections 53 or 53A of the Code of Criminal Procedure.
4. Who acts as the Magistrate in a metropolitan area?
The Metropolitan Magistrate acts as the Magistrate in metropolitan areas.
5. What happens if a word is not defined in this Act?
If a word is not defined here but is defined in the Indian Penal Code, 1860, or the Code of Criminal Procedure, 1973, it will carry the same meaning from those laws.
Test yourself
Q1.What is the minimum rank for a prison officer to take measurements under this Act?
Q2.Which of the following is NOT explicitly included in the definition of measurements?
Q3.In a metropolitan area, who is defined as the Magistrate under this Act?
Q4.Under what minimum rank can a police officer take measurements?
Q5.Which Code is referred to for defining examinations like those in sections 53 or 53A?