).]], it is expedient to direct any person to allow his measurements or photograph to be taken, he may make an order to the effect, and in that case the person to whom the order relates shall be produced or shall attend at the time and place specified in the order and shall allow his measurements or photograph to be taken, as the case may be, by a police officer:
Provided that no order shall be made directing any person to be photographed except by a Magistrate of the first class:
Provided further, that no order shall be made under this section unless the person has at some time been arrested in connection with such investigation or proceeding.
[Gujarat and Maharashtra].In its application to the States of Gujarat(a) in the first proviso, for the words except by a Magistrate of the first class, substitute except by the District Magistrate, a Sub-Divisional Magistrate, a Magistrate of the first class.Bombay Act 8 of 1954, Section 2 and Sch.; Maharashtra Act 35 of 1970; and Gujarat Act 11 of 1960, Section 87.
(b) to the first proviso, add the words or a Presidency Magistrate. Now it has been replaced by the words Metropolitan Magistrate. Besides Bombay, Calcutta and Madras, Ahmedabad have such Magistrates,SeeCriminal Procedure Code, 1973, Sections 8 and 16.Bombay Act 11 of 1922 as amended by Act 17 of 1945, Maharashtra Act 35 of 1970, Section 3 (w.e.f. 1-3-1971); Gujarat Act 11 of 1960, Section 87.
[Karnataka].In its application to the State of Karnataka, in Section 5, for first proviso, substitute the following proviso, namely:
Provided that no order shall be made directing any person to be photographed except by a District Magistrate, a Sub-Divisional Magistrate or a Magistrate of the First Class.Karnataka Act 29 of 1975, Section 4 (w.e.f. 12-8-1975).