Central
Section 6 of The Criminal Procedure (Identification) Act, 2022
- (1)If any person who is required to allow the measurements to be taken under this Act resists or refuses to allow taking of such measurements, it shall be lawful for the police officer or prison officer to take such measurements in such manner as may be prescribed.
- (2)Resistance to or refusal to allow the taking of measurements under this Act shall be deemed to be an offence under section 186 of the Indian Penal Code (45 of 1860).
Summary
- If a person refuses or resists giving measurements, police or prison officers can lawfully take them anyway.
- Officers must take the measurements using the physical methods set by the official rules.
- Refusing or resisting is treated as a separate crime under this Act.
- This refusal is considered an offence of obstructing a public servant under section 186 of the Indian Penal Code, 1860.
Practical examples
1In May 2023, Ramesh was arrested for a crime and locked his hands in his pockets, refusing to let Officer Arjun take his fingerprints. Officer Arjun legally used the prescribed physical restraint procedures to carefully open Ramesh's hands and record his prints.
2In August 2023, while in jail, a prisoner named John shouted and refused to stand still for a required retina scan. The prison staff noted his refusal, and the local police filed an additional criminal case against John under section 186 of the Indian Penal Code for obstructing a public servant.
FAQ
1. What can an officer do if a person resists or refuses to give measurements?
It is lawful for the police or prison officer to take the measurements anyway, using the manner prescribed by the rules.
2. Is refusing to allow measurements considered a separate crime?
Yes, it is treated as a crime under the law.
3. Which section and code does a refusal violate?
It is deemed to be an offence under section 186 of the Indian Penal Code, 1860.
4. Who is authorized to physically take measurements if someone resists?
Any authorized police officer or prison officer.
5. Under what act of 1860 is the refusal punished?
Under the Indian Penal Code, 1860.
Test yourself
Q1.If a person resists giving measurements, what are officers legally permitted to do?
Q2.Refusing to give measurements is deemed to be an offence under which section of the Indian Penal Code?
Q3.Which code's section defines the offence of resisting measurement taking?
Q4.Who is explicitly authorized to take measurements when a person resists?
Q5.What year is associated with the Indian Penal Code cited in Section 6?