Section 12 SC/ST Act: Taking measurements and photographs, etc., of persons against whom order under section 10 is made

Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989

Section 12 SC/ST Act at a Glance

Section 12 SC/ST Act obliges anyone under a Section 10 order, if the Special Court requires, to let police take measurements and photographs. Refusal permits all necessary means and is deemed an offence under Section 186 of the Indian Penal Code.

Section 12 SC/ST Act Bare Act Text

12. Taking measurements and photographs, etc., of persons against whom order under section 10 is made.

(1) Every person against whom an order has been made under section 10 shall, if so required by the Special Court, allow his measurements and photographs to be taken by a police officer.

(2) If any person referred to in sub-section (1), when required to allow his measurements or photographs to be taken, resists or refuses to allow the taking of such measurements or photographs, it shall be lawful to use all necessary means to secure the taking thereof.

(3) Resistance to or refusal to allow the taking of measurements or photographs under sub-section (2) shall be deemed to be an offence under section 186 of the Indian Penal Code (45 of 1860).

(4) Where an order under section 10 is revoked, all measurements and photographs (including negatives) taken under sub-section (2) shall be destroyed or made over to the person against whom such order is made.

Section 12 SC/ST Act in Simple Words

Section 12 SC/ST Act governs the taking of measurements and photographs of a person against whom an externment order has been made under Section 10 SC/ST Act, and their destruction or handover if that order is revoked. Under Section 12(1) SC/ST Act, every person subject to an order under Section 10 SC/ST Act must, if required by the Special Court (a court established under Section 14 SC/ST Act), allow a police officer to take that person's measurements and photographs.

Under Section 12(2) SC/ST Act, if a person required to give measurements or photographs resists or refuses to allow them to be taken, the law makes it lawful to use all necessary means to secure the taking of those measurements or photographs. Under Section 12(3) SC/ST Act, resistance or refusal to allow the taking of measurements or photographs under Section 12(2) SC/ST Act is deemed to be, meaning treated in law as, an offence under Section 186 of the Indian Penal Code (45 of 1860), while Section 12 SC/ST Act sets no separate punishment of its own. The Act still refers to the Indian Penal Code, 1860, which the Bharatiya Nyaya Sanhita, 2023 (BNS) replaced from 1 July 2024; the offence of obstructing a public servant in Section 186 of the Indian Penal Code is now Section 221 BNS.

Under Section 12(4) SC/ST Act, where an order under Section 10 SC/ST Act is revoked, all measurements and photographs, including negatives, taken under Section 12(2) SC/ST Act must be destroyed or handed over (made over) to the person against whom the Section 10 SC/ST Act order was made.

When Section 12 SC/ST Act Applies

  • An externment order under Section 10 SC/ST Act has been made against a person, and the Special Court requires that person to allow measurements and photographs to be taken.
  • The person must allow a police officer to take those measurements and photographs.
  • If the person resists or refuses when required, all necessary means may lawfully be used to secure the taking of the measurements or photographs.
  • Resistance or refusal under Section 12(2) SC/ST Act is deemed to be an offence under Section 186 of the Indian Penal Code (45 of 1860).
  • Where the Section 10 SC/ST Act order is revoked, all measurements and photographs (including negatives) taken under Section 12(2) SC/ST Act must be destroyed or made over to that person.

Example of Section 12 SC/ST Act

After passing an externment order against Anirudh under Section 10 SC/ST Act, a Special Court in Guntur requires Anirudh under Section 12(1) SC/ST Act to allow a police officer to take Anirudh's measurements and photographs. When Kiran, a police officer, asks to take those measurements and photographs, Anirudh refuses and resists. Under Section 12(2) SC/ST Act, Kiran lawfully uses all necessary means to take the measurements and photographs, and Anirudh's resistance is deemed an offence under Section 186 of the Indian Penal Code under Section 12(3) SC/ST Act. 14 days later, the Special Court revokes the Section 10 SC/ST Act order on Anirudh's representation under Section 10(3) SC/ST Act. Following revocation, all measurements, photographs, and negatives taken under Section 12(2) SC/ST Act are destroyed in compliance with Section 12(4) SC/ST Act.

When Section 12 SC/ST Act Does Not Apply

  • Where no order under Section 10 SC/ST Act has been made against the person, or where the Special Court has not required the person under Section 12(1) SC/ST Act to allow measurements and photographs to be taken.
  • Use of all necessary means under Section 12(2) SC/ST Act or deemed liability under Section 186 of the Indian Penal Code under Section 12(3) SC/ST Act when the person allows measurements and photographs without resistance or refusal.
  • Retaining measurements and photographs (including negatives) taken under Section 12(2) SC/ST Act after the Section 10 SC/ST Act order is revoked, as Section 12(4) SC/ST Act requires them to be destroyed or handed over to the person.

FAQs on Section 12 SC/ST Act

What is Section 12 SC/ST Act?▼

Section 12 SC/ST Act requires a person under a Section 10 SC/ST Act externment order, if required by the Special Court, to allow a police officer to take measurements and photographs, and permits all necessary means if that person resists or refuses. Section 12 SC/ST Act also deems such resistance or refusal to be an offence under Section 186 of the Indian Penal Code and requires measurements and photographs (including negatives) taken under Section 12(2) SC/ST Act to be destroyed or handed over when the Section 10 SC/ST Act order is revoked.

Can a police officer take measurements and photographs under Section 12 SC/ST Act without a Special Court requirement?▼

No. Under Section 12(1) SC/ST Act, a person against whom a Section 10 SC/ST Act order has been made is required to allow measurements and photographs to be taken only if so required by the Special Court.

What happens if a person resists or refuses to give measurements or photographs under Section 12 SC/ST Act?▼

All necessary means may lawfully be used to take them, and the refusal is deemed an offence under Section 186 of the Indian Penal Code. Section 12(2) SC/ST Act authorises necessary means to secure the taking of measurements or photographs, and Section 12(3) SC/ST Act deems that resistance or refusal to be an offence under Section 186 of the Indian Penal Code (45 of 1860).

What happens to measurements and photographs when a Section 10 SC/ST Act order is revoked?▼

Those records must be destroyed or handed over to the person. Under Section 12(4) SC/ST Act, where an order under Section 10 SC/ST Act is revoked, all measurements and photographs (including negatives) taken under Section 12(2) SC/ST Act must be destroyed or made over to the person against whom the order was made.

Does Section 12(4) SC/ST Act cover photographic negatives?▼

Yes. Section 12(4) SC/ST Act expressly includes negatives along with all measurements and photographs taken under Section 12(2) SC/ST Act that must be destroyed or handed over on revocation of the Section 10 SC/ST Act order.

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Sources: Bare Act Text, Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 ·