Section 55 of the Delhi Police Act, 1978: Taking Measurements and Photographs
Section 55 authorises the taking of measurements and photographs of a person against whom an order has been made under Section 46, 47 or 48, when required by the Commissioner of Police and carried out in the prescribed manner.
Text of Section 55
Every person against whom an order has been made under section 46, section 47 or section 48 shall, if so required by the Commissioner of Police, allow his measurements and photograph to be taken by a police officer in the prescribed manner.
Source: Delhi Police Act, 1978 - official India Code text (PDF).
Meaning and scope of Section 55
The provision applies only where an order has been made against a person under one of the three specified sections. It does not, by itself, authorise taking measurements or photographs of every member of the public. The Commissioner of Police must require the taking of measurements or a photograph, and the police officer must follow the prescribed procedure.
Orders covered by Sections 46, 47 and 48
- Section 46 - Dispersal of gangs and bodies of persons: concerns orders directed at dispersing specified gangs or bodies of persons in circumstances described in that section.
- Section 47 - Removal of persons about to commit offences: provides for removal orders where the statutory conditions relating to conduct and anticipated offences are met.
- Section 48 - Removal of persons convicted of certain offences: deals with removal orders concerning persons with qualifying convictions, subject to the conditions of that provision.
These are distinct statutory grounds. The validity of an order depends on the applicable requirements and procedure, not merely on the police describing it as an externment order.
Who may require and take the measurements?
Section 55 identifies the Commissioner of Police as the authority whose requirement activates the duty to cooperate. It provides for the actual measurements and photograph to be taken by a police officer, in the manner prescribed under the applicable rules.
The Delhi Police (Miscellaneous Matters) Rules, 1980 contain procedural provisions concerning photography, physical measurements, fingerprints and descriptive records for persons covered by the relevant orders. The current applicable rules and any subsequent amendments should be checked before applying a particular procedure.
Section 56: Resistance, refusal and return of records
Section 56(1) permits necessary means to secure measurements or photographs where a person covered by Section 55 resists or refuses. This is a statutory power, not a general exemption from requirements of legality and proportionality.
Section 56(2) expressly refers to Section 186 of the Indian Penal Code, 1860, for resistance or refusal. Because the Bharatiya Nyaya Sanhita, 2023 has replaced the IPC for the new criminal-law regime, the interaction of this legacy cross-reference with the current law must be assessed under the applicable repeal, savings and interpretation provisions. It should not be assumed that the statutory wording itself has been amended.
Section 56(3) provides that if an order under Section 46, 47 or 48 is set aside on appeal, the measurements and photographs, including negatives, taken under the provision must be destroyed or handed over to the person concerned.
Appeal and procedural safeguards
Section 51 deals with appeals against orders under Sections 46, 47 and 48. Where an appeal succeeds, Section 56(3) becomes particularly important for the handling of records collected in connection with the overturned order.
For a specific case, check the written order, its statutory basis, the applicable rules, whether an appeal has been filed, and any direction regarding the photographs or measurements.
Frequently asked questions
Does Section 55 apply to everyone?
No. Its express scope is limited to persons against whom an order under Section 46, 47 or 48 has been made, and it requires a direction from the Commissioner of Police.
Can a police officer take fingerprints under this provision?
Section 55 refers to measurements and photographs in the prescribed manner. The relevant rules address particular identifying details, including fingerprints. Other legislation governing criminal identification may also apply independently.
What happens if the underlying order is cancelled on appeal?
Section 56(3) requires the specified records to be destroyed or handed over to the person concerned where the order is set aside in appeal.
Official legal references
- Delhi Police Act, 1978 - India Code
- Delhi Police - Acts and Rules
- India Code - current Central legislation