Section 3 of The Criminal Procedure (Identification) Act, 2022
Any person, who has been,
- (a)convicted of an offence punishable under any law for the time being in force; or
- (b)ordered to give security for his good behaviour or maintaining peace under section 117 of the Code of Criminal Procedure, 1973 (2 of 1974) for a proceeding under section 107 or section 108 or section 109 or section 110 of the said Code; or
- (c)arrested in connection with an offence punishable under any law for the time being in force or detained under any preventive detention law, shall, if so required, allow his measurement to be taken by a police officer or a prison officer in such manner as may be prescribed by the Central Government or the State Government: Provided that any person arrested for an offence committed under any law for the time being in force (except for an offence committed against a woman or a child or for any offence punishable with imprisonment for a period not less than seven years) may not be obliged to allow taking of his biological samples under the provisions of this section.
Summary
- Any person convicted of a crime punishable under any current law must allow their measurements to be taken.
- Anyone ordered to give security to maintain peace or good behavior under section 117 of the Code of Criminal Procedure, 1973, must also give measurements.
- Any person arrested for any crime or held under preventive detention must allow their measurements to be taken.
- Measurements must be taken by a police or prison officer in the manner set by the Central or State Government rules.
- Arrested persons do not have to give biological samples unless they are charged with a crime against a woman or child, or a crime carrying at least seven years of imprisonment.
Practical examples
FAQ
1. Who is required to give measurements under this section?
Anyone convicted of an offence, arrested for an offence, held under preventive detention, or ordered to give security for peace or good behavior.
2. Can an arrested person refuse to give biological samples?
Yes, but only if they are arrested for a crime that was not committed against a woman or child, and the crime is punishable by less than seven years of imprisonment.
3. Who is authorized to take these measurements?
Any police officer or prison officer who meets the minimum rank requirements.
4. What sections of the Code of Criminal Procedure, 1973, are related to peace and good behavior security orders mentioned here?
Section 117 (the order itself), arising from proceedings under sections 107, 108, 109, or 110.
5. Under whose rules are these measurements taken?
In the manner prescribed by the rules made by either the Central Government or the State Government.
Test yourself
Q1.Which of the following persons is NOT required to allow their measurements to be taken under Section 3?
Q2.For which crime is an arrested person absolutely obliged to give biological samples under Section 3?
Q3.Under which specific section of the Code of Criminal Procedure, 1973, must a person be ordered to give security to trigger Section 3?
Q4.Who prescribes the manner in which measurements are to be taken?
Q5.An arrested person is exempt from giving biological samples if the offence is punishable with imprisonment for a period of less than how many years?