The Criminal Procedure (Identification) Act, 2022

The Criminal Procedure (Identification) Bill, 2022, was passed by Parliament. The Bill seeks to repeal the Identification of Prisoners Act, 1920.

The 2022 Act provides a legal sanction to law enforcement agencies for “taking measurements of convicts and other persons for the purposes of identification and investigation of criminal matters.”

Measurements and photographs for identification have three main purposes.
- To establish the identity of the culprit against the person being arrested
- To identify suspected repetition of similar offences by the same person
- To establish a previous conviction.

Even though the police have powers of arrest, it does not give them the right to search a person.
The police require legal sanction to search the person and collect evidence.

Collect physical and biological samples:
It authorises law enforcement agencies to collect, store, and analyse physical and biological samples of convicts and other people for the purposes of identification and investigation in criminal matters.
Record signatures and handwriting:
It enables the police to record signatures, handwriting or other behavioral attributes referred to in section 53 or section 53A of the Code of Criminal Procedure, 1973, for the purposes of analysis.
Appropriate agency:
The National Crime Records Bureau (NCRB) will be the repository of physical and biological samples, signatures and handwriting data.
Resistance is an offence:
Resistance to or refusal to allow the taking of measurements under this Act shall be deemed to be an offence under section 186 of the Indian Penal Code (IPC).

The Act makes provisions for the use of modern techniques to capture and record appropriate body measurements.
The Act will not only help investigation agencies but also increase prosecution. There is also a chance of an increase in conviction rates in courts through this.
It is expected to minimise the threat from organised crime, cybercriminals and terrorists who are proficient in identity theft and identity fraud.

The Act proposes to collecting samples even from protestors engaged in political protests.
As per the Puttaswamy judgment, the Constitution of India guarantees to each individual a fundamental right to privacy.
Not in line with the global standards

Certain provisions of the Act violate Article 17 of the International Convention on Civil and Political Rights.
Article 17 prohibits interference with privacy and attacks on a person’s honour and reputation.
It also challenges Rule 65 of the UN Standard of Minimum Rules for the treatment of prisoners that encourages their self-respect.
It may be open to political misuse:

Critics have expressed concern that the law could be misused to serve the political agenda of the government in power.
This fear stems from how officials used biometric data in the past, notably against crowds peacefully protesting the Citizenship Amendment Act in Delhi and Uttar Pradesh in 2019-20.
Failed to distinguish the kinds of cases where action requires:
Investigation in all cases does not require the collection of personal data, and the Act has failed to distinguish the kind of cases where police may require or be allowed to collect such data from accused persons.
Ambiguous Provisions:
The phrase ‘biological samples’ is not described further, hence, it could involve bodily invasions such as drawing of blood and hair and collection of DNA samples.

Pic Courtesy: freepik

Content Source: The Hindu