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The Parliament of India approved the Criminal Procedure (Identification) Act, 2022
  • Author Indian Law Institute Country India Date 2023-09-22

 ALIN Legislative News

From Indian Law Institute

 

INDIA: The Parliament of India approved the Criminal Procedure (Identification) Act, 2022

 

The Criminal Procedure (Identification) Act, 2022 (hereinafter referred to as ‘the Act’) was passed by the Indian Parliament repealing the old Identification of Prisoners Act, 1920. The law in essence controls the aspect of various measurements like finger impressions, foot impressions, iris and retina scan, etc. taken by the police from the accused or convicted person for the purpose of identification, investigation and record keeping.

The aim and objectives of the Act reads as: “An Act to authorize for taking measurements of convicts and other persons for the purposes of identification and investigation in criminal matters and to preserve records and for matters connected therewith and incidental thereto”. Thus, according to the Act, the main purpose of the legislation is to authorize for taking measurements of the accused and other persons for facilitating identification and investigation in criminal matters and also for the purpose of record keeping. Thus, the Act is the mother-law which authorizes the police to take measurements from the accused or convicted persons. The Criminal Procedure (Identification) Rules, 2022 have been framed under Section 8 of the Act to complement and supplement the bare provisions.

 

Section 1

Section 1 of the Act is the ‘Short Title’ of the Act which declares that the name of the Act is the “Criminal Procedure (Identification) Act, 2022”.

 

Section 2

Section 2 is the ‘definition clause’ which defines keywords like ‘measurements’, ‘magistrate’, etc. Section 2(b) defines ‘measurements’ as including finger-impressions, palm-print impressions, foot-print impressions, photographs, iris and retina scan, physical, biological samples and their analysis, behavioural attributes including signatures, handwriting or any other examination referred to in section 53 or section 53A of the Code of Criminal Procedure, 1973. The section is an improvement upon the previous definition that included only finger-impressions and foot-impressions. With the advent of technology, there have been also improvements in methods of identification of individuals. The improvement in the section is to accommodate that technological change only.

 

Section 3

Section 3 tells us about the persons from whom measurements can be taken. The section creates three categories of people: a) convicts b) ordered to give security for peace or good behavior c) arrested/detained in connection with an offence. The ambit of the section not only includes a convict, but also people who are arrested in connection with some offence or in connection with keeping security for good behavior. However, the section is qualified with a proviso which states that any person arrested for an offence committed under any law for the time being in force (except for an offence committed against a woman or a child or for any offence punishable with imprisonment for a period not less than seven years) may not be obliged to allow taking of his biological samples under the provisions of this section.”

The proviso exempts ‘arrested persons’ from giving their ‘biological samples’ if they have not been arrested in relation to offence committed against any woman, child or offences entailing punishment of more than 7 years. However, the use of the words ‘may not be obliged’ creates a lot of ambiguity as to whether such person have a right to not give their sample or there is some qualifications attached to the same.

 

Section 4

Section 4 empowers the NCRB to collect measurement record from the State Government or any other law enforcement agencies. The agency has also been empowered to store, preserve, destroy or share the measurement record with any other law enforcement agency. Further, it is mandated that the record of measurements shall be retained for a maximum period of 75 years. However, if a person whose measurements were taken was later discharged or acquitted after exhausting all legal remedies, his/her data will be destroyed from the records.

 

Section 5

Section 5 empowers a magistrate to direct any person to give measurements under this Act, the only qualification being that it should be for the purpose of any investigation or proceeding under the Code of Criminal Procedure, 1973 or any other law for the time being in force. Therefore, the ambit of ‘collecting measurements’ have further been enhanced from convict, arrested person and person from whom security for keeping peace and good behavior has been kept.

 

Section 6

Section 6 allows a police officer to use all reasonable force, if the person refuses/resists the taking of measurement. Further, the resistance/refusal shall also be deemed to be an offence under section 186 IPC.

 

Section 7

In furtherance to section 7, no suit or proceeding shall lie against any person for anything done, or intended to be done in good faith under this Act or any rule made thereunder.

 

Section 8

Section 8 empowers both the Central as well as State governments to make rules in pursuance of the Act. In furtherance of the section, the Criminal Procedure (Identification) Rules, 2022 have been framed by the Central Government.

 

Author: Prof. (Dr.) S. Sivakumar*

Topic: Commerce, Finance, Criminal Justice System, Environment Law.

Jurisdiction: INDIA

Date: July 31, 2023



* Senior Professor, Indian Law Institute, New Delhi and Former Member Law Commission of India.

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