The Police are only entitled to fingerprint and photograph a person who has been charged with an offence which is punishable by imprisonment.
This has been highlighted by Human Rights and Anti-Discrimination Commission Chairperson Pravesh Sharma who says section 18(1) of the Police Act 1965 states that any police officer may cause to be taken, for use and record in the registry of the force, photographs, descriptions, measurements, fingerprints, palm-prints and footprints of any person in lawful custody for any offence punishable by imprisonment, whether such person has been convicted of such offence or not.
Sharma says this means that if a person is charged with an offence which is not punishable by imprisonment, then the Police cannot finger print or photograph that person.
He says in the event a person who was charged by the Police for an offence punishable by imprisonment is acquitted of that charge, then the prints and photographs which were taken by the Police must be destroyed.
Sharma says this is according to section 18(2) of the Police Act 1965, on the acquittal of any person whose photographs, description, measurements, fingerprints, palm-prints or footprints have been taken under the provisions of this section, such photographs, description, measurements, fingerprints, palm-prints and footprints shall be destroyed.
