If a Magistrate is satisfied that, for the purposes of any investigation of proceeding under the ¹ Code of Criminal Procedure, 1898 (5 of 1898), it is expedient to direct any person to allow his measurements or photograph to be taken, he may make an order to that 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.
                                                    STATE AMENDMENTS
    Karnataka
For the first proviso to section 5, the following proviso shall be substituted, namely:--
    "Provided that no order shall be made directing any person to be photographed except by a District Magistratem, a Sub-divisional Magistrate or a Magisteate of the first class.";
    [Vide Karnataka Act 29 of 1975, s. 4].