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