The Identification of Prisoners (Bombay Amendment) Act, 1922

1. (1) This Act may be called the Identification of Prisoners (Maharashtra Provision for Uniform Application and Amendment) Act, 1970.
2. (2) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint.

In section 1 of the Identification of Prisoners Act, 1920, as in force in the Bombay area and the Vidarbha region of the State of Maharashtra, in sub-section (2), after the words and letter " in Part-B States " the words ", other than the Hyderabad area of the State of Maharashtra " shall be deemed to have been added on the 4th September 1956.

For the purpose of providing for the uniform application of the Identification of Prisoners Act, 1920, throughout the State of Maharashtra, the provisions of the Acts mentioned in the Schedule, which amend the Identification of Prisoners Act, 1920, in its application to Greater Bombay or the Bombay area of the State, are hereby extended to, and shall by virtue of such extension be in force throughout the State.

For section 3 of the Identification of Prisoners Act, 1920, in its application to the State of Maharashtra (hereinafter referred to as "the principal Act "), the following section shall be substituted, namely:— 3. Every person who has been—

1. (a) convicted of any offence punishable with rigorous imprisonment for a term of one year or upwards or of any offence punishable under section 19 of the Dangerous Drugs Act, 1930, or of any offence which would render him liable to enhanced punishment on a subsequent conviction, or
2. (b) ordered to give security for his good behaviour under section 118 of the Code of Criminal Procedure, 1898, or under section 93 of the Bombay Prohibition Act, 1949, or to give security for abstaining from commission of certain offences under section 18 of the Dangerous Drugs Act, 1930, shall, if so required, allow his measurements and photograph to be taken by a police officer in the prescribed manner.

For section 4 of the principal Act, the following section shall be substituted, namely:— "4. Any person—

1. (a) who has been arrested—
   • (i) in connection with an offence punishable under section 19 of the Dangerous Drugs Act, 1930; or section 66, 69 or 85 of the Bombay Prohibition Act, 1949; or section 122 of the Bombay Police Act, 1951; 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; or section 6 or 11 of the Bombay Prevention of Begging Act, 1959; or any other offence punishable with rigorous imprisonment for a term of one year or upwards, or
   • (ii) under section 54, 55 or 151 of the Code of Criminal Procedure, 1898, or section 4 of the Passport (Entry into India) Act, 1920; or
2. (b) in respect of whom a direction or order under section 5 of the Passport (Entry into India) Act, 1920, or under section 55, 56 or 57 of the Bombay Police Act, 1951, has been made, or
3. (c) to whom a pardon has been tendered under section 337 or 338 or who has been acquitted under section 339A of the Code of Criminal Procedure, 1898, shall, if so required by a Police Officer, allow his measurements or photograph to be taken in the prescribed manner."

In section 4-A of the principal Act, for the words and figures "the Bombay Habitual Offenders Restriction Act, 1947," the words and figures "the Bombay Habitual Offenders Act, 1959," shall be substituted.

The Identification of Prisoners (Application to Hyderabad) Act, 1956, in its application to the Hyderabad area of the State of Maharashtra, shall stand repealed.

Schedule (See section 3) Serial No. Names of Acts Provisions extended (1) (2) (3) 1 The Identification of Prisoners (Bombay Amendment) Act, 1922 (Bom. XI of 1922). The whole Act, except sections 1(2), 2 and 3(a). 2 The Identification of Prisoners (Bombay Amendment) Act, 1953 (Bom. LVIII of 1953). The whole Act, except section 2. 3 The Bombay Separation of Judicial and Executive Functions (Supplementary) Act, 1954 (Bom. VIII of 1954). In the Schedule, in Part II, the entry relating to the Identification of Prisoners Act, 1920. 4 The Bombay Repealing and Amending Act, 1954 (Bom. XXI of 1954). In the Second Schedule, in the entry relating to the Identification of Prisoners Act, 1920, the amendment to section 7 of that Act. 5 The Bombay State Commissioners of Police Act, 1959 (Bom. LVI of 1959). In the Schedule, the entry relating to the Identification of Prisoners Act, 1920.