Criminal Procedure (Identification) Bill, 2022

The Criminal Procedure (Identification) Bill, which allows police to take physical and biological samples from convicts and those suspected of crimes, has received President Ram Nath Kovind's assent.

What is Criminal Procedure (Identification) Bill

The Lok Sabha on Monday 4th April 2022 passes the Criminal procedure (Identification) Bill. This bill is the replacement and modification of 102 years old Identification of Prisoner Act 1920. It basically expanded the scope of information the government can collect from the convicts arrested persons and other persons including habitual offenders.

According to PRS Legislative research, the bill expanded:

• The type of data that can be collected
• The person from whom such Data may be collected,
• The authority that may authorize such collection.

This bill also directed the data to be stored in a central database. Despite other modifications and advancements, one thing is the same in both the bill (Identification of Prisoners Act 1920 and Criminal Procedure (Identification) Bill 2022) i.e. the provision for punishment if someone resisted or refused to co-operate with a public servant in providing their data for the identification. In this bill, the refusal or resistance to give data will be considered an offense under section 186 IPC which states that “Whoever voluntarily obstructs any public servant in the discharge of his public functions, shall be punished with imprisonment of either description for a term which may extend to three months, or with fine which may extend to five hundred rupees, or with both.”

The Bill authorizes the police and prison authority to collect, store and analyze the physical and biological samples including the retina, and iris scans of convicted, arrested, and detained persons. In this way, this bill tries to replace the shortcomings of the 100-year-old Identification of Prisoners Act 1920 which was limited to the collection and analysis of Fingerprint impressions, footprint impressions,s and photographs of the convicted persons and other non-convicted persons only if the order for the same has been passed by the magistrate.

So let’s discuss some details and the highlights of the Criminal Procedure (Identification) Bill.

1.?Data collection

According to previously existing laws, the police officials were permitted only to collect fingerprints and footprint impressions from certain specified categories of convicted and non-convicted persons as well as for the collection of photographs in some specified cases in which the magistrate ordered the same.?However, under this bill,?the police will be able to collect biological samples for their?analysis, as well as behavioral characteristics such as signatures and handwriting, and conduct examinations under sections 53 and 53A of the Criminal Procedure Code?(including blood, semen, hair samples, and swabs, and analyses such as DNA profiling).

This means that the bill expands the types of information that can be gathered to include biometrics (fingerprints, palm prints, footprints, iris, and retina scan), physical and biological samples, and behavioral characteristics (signature, handwriting, and could include voice samples). It does not restrict the measurements to those required for a particular investigation.

2. Persons whose identifying data may be gathered

Under the previous law, data could only be gathered for persons who had been convicted or arrested for felonies that carried a sentence of rigorous imprisonment of?one year or more

Under the new act, data can be collected from anyone who is convicted or arrested for any offense. However, biological samples may be taken forcibly only from persons arrested for offenses against a woman or a child, or if the offense carries a minimum of seven years imprisonment. The bill also allows for the collection of crucial information about "other persons" for the purposes of identification and criminal investigation. It doesn't define "other persons," meaning that it covers more than just criminals, arrestees, and prisoners.

If a person refuses to give information, the bill states that the police can take it forcibly in a manner that may be defined by the executive later. The legislation grants only limited authority to refuse data collection.

3. Persons who may require/ direct collection of data

A Magistrate can mandate data to be collected to aid in the investigation of an infraction under the 1920 Act. The new bill lowers the level of the police officer who may take the measurement (from sub-inspector to head constable) and also allows the head warder of prison to take measurements.

4. Retaining data

The Bill allows retaining the data for 75 years. The data will be collected, stored, processed, shared, and destroyed by the National Crime Records Bureau, which is part of the Union Ministry of Home Affairs. Only after a person arrested for a crime has been acquitted or discharged will the data be removed.

Furthermore, after all, legal procedures have been exhausted, information about first-time offenders who are freed or acquitted will be removed. However, a judge or magistrate has the authority to prevent this deletion.

According to PRS Legislative, the issue arises due to the fact that: (a) data can be collected not just from convicted persons but also from persons arrested for any offense and from any other person to aid an investigation; (b) the data collected does not need to have any relationship with the evidence required for the case; (c) the data is stored in a central database which can be accessed widely and not just in the case file; (d) the data is the store for 75 years (effectively for life) and (e) safeguards have been diluted by lowering the level of the official authorized to collect the data.

Here are some differences outlined regarding the previously existing Identification of Prisoners Act, 1920, and The Criminal Procedure (Identification) Bill, 2022

Significance of the bill

The Bill’s sole objective is to help consolidate the evidence to send a strong message to society. The major significance included

• The provision to use the modern technology to record appropriate body measurement
• The bill helps to investigate officers to gether sufficient legally admissible evidence.
• It also helps to make the investigation more efficient and expeditious and will also help increase the conviction rate

On the bill union minister Amit Shah said that the bill was brought with the sole aim of increasing the conviction rate in the country. He further added “I believe that justice delayed is justice denied and the rule of law can be established only when criminals are punished promptly."

Now available in general information

"The Criminal Procedure (Identification) Bill, 2022, obtained the President's assent on the 18th of April, 2022, and is hereby published for general information," the government has stated this bill?in a gazette notification. Below are some important points of the bill-

• Apart from authorizing police to take physical and biological samples of inmates and convicts for criminal investigations, the act also permits a court to request measurements or photographs of non-convicted individuals if necessary to aid in the investigation of a crime.
• All data must be deleted if the person is acquitted or released.
• The Act defined the sorts of data that can be collected, as well as the people from whom such data can be acquired and the authority that can authorize such data collection.
• It also stipulates that the information be stored in a central database.
• Resistance or refusal to provide data will be regarded as an act of obstructing a public official from doing his or her duties, according to both the 1920 Act and the 2022 legislation.

Power of amendment

Union Home Minister Amit Shah stated during the Rajya Sabha debate on the bill that biometric data of political detainees would not be gathered, and that the new law would exclude brain mapping and polygraph tests from its scope. Under section 3, the Indian government has the authority to set up rules and standards?

Shah started his opinion "The Indian government has the authority to set up rules.??We'll define it and make sure that no one engaging in political agitation is required to provide (physical and biometric) measurements just for that purpose. However, if a politician is arrested in a criminal case, he must be treated equally to a citizen."?

Criticism

As the bill has much significance still there has been a long debate over this bill since the time when it was idealized to implement because there are the certain points where this bill tends to violate-

• Right to privacy as if someone denies to give their evidence then they will be liable to get the punishment under section 186 IPC
• Fundamental Right under Article 20(3).
• Human Right Provision as laid out in the United Nations Charter.

The Act was criticized as "unconstitutional" and "draconian" by several opposition parties, who claimed that it could be misused. No measurements will be taken of any political figure for violating police prohibitory orders, according to Shah. According to him, the legislation aims to improve the conviction rate. "It's targeted at increasing the capabilities of the police and forensic teams," he explained.

Article edited by- Ruchika Dwivedi

Source – Times of India, The Hindu, Twitter, etc.