Criminal Procedure (Identification) Bill, 2022

In News

• Recently, the President has given assent to the Criminal Procedure (Identification) Bill, 2022.

Major Provisions of the Bill

• About: It empowers police to obtain physical and biological samples of convicts and those accused of crimes.
  • The authority to collect such information, defined as ‘measurements’ of prisoners, is given to investigating officers, namely prison officers or the police.
• Expanding Information collection: The Act authorises the collection of certain identifiable information about specified persons such as convicts for investigation of crime. 
  • The Bill expands the ambit of such details, and persons whose details can be taken. 
• Role of National Crime Records Bureau: The Bill empowers NCRB to collect the details about the persons covered under the Bill from state governments, union territory (UT) administrations, or other law enforcement agencies. Other functions of NCRB under the Bill include: 
  • storing and destroying the details about specified persons at the national level
  • processing the details with relevant criminal records, and 
  • disseminating the details to law enforcement agencies. 
• Details about convicts and other persons: The Act permits the collection of photographs and specified details about convicts and other persons including finger impressions and footprint impressions. 
  • The Bill expands the list of details that can be collected. It will now include: 
    • palm-print impressions,
    • iris and retina scans, 
    • behavioural attributes such as signature and handwriting, and 
    • other physical and biological samples such as blood, semen, hair samples, and swabs, and their analysis. 
• Persons whose details may be taken: As per the Act, the following persons may be required to give photographs and specified details: 
  • persons convicted of certain offences (such as offences punishable with a minimum of one year of rigorous imprisonment), 
  • persons ordered to give security for good behaviour or maintaining peace under the Code of Criminal Procedure, 1973 (CrPC), and 
  • persons arrested in connection with an offence punishable with at least one year of rigorous imprisonment. 
  • The Bill widens the ambit of such persons to include all convicts, arrested persons, as well as persons detained under any preventive detention law. Arrested persons will not be obliged to give their biological samples unless they have committed an offence against a woman or a child, or an offence punishable with a minimum of seven years of imprisonment.
• Retention of details: The Bill requires the details collected to be retained in digital or electronic form for 75 years from the date of collection. The record may be destroyed in case of persons who: 
  • Have not been previously convicted, and 
  • Are released without trial, discharged, or acquitted by the court, after exhausting all legal remedies. 
  • A Court or a Magistrate may direct the retention of details in case of such persons after recording reasons in writing. 
• Resistance to giving details: As per the Bill, resistance or refusal to give details will be considered an offence under the Indian Penal Code, 1860. 
  • In case of such resistance or refusal, police officers or prison officers may collect details in the manner prescribed under Rules made by the state government or the central government. 
• Persons authorised to collect details: Under the Act, details may be collected by police officers who: 
  • Are in charge of a police station, 
  • conduct investigation under the CrPC, or 
  • are at least at the rank of a SubInspector. 
  • The Bill permits the collection of details about specified persons by either a prison officer (not below the rank of Head Warder), or a police officer (in charge of a police station, or at least at the rank of a Head Constable).
• Powers of Magistrate: Under the Bill, a Magistrate may direct a person to give details for the purpose of an investigation or proceeding under the CrPC. 
  • Depending on certain factors (such as the area concerned), the Magistrate may be a Metropolitan Magistrate, a Judicial Magistrate of the first class, or an Executive Magistrate. 
• Rule-making power extended to the central government: The Act vested rule-making power only in the state government. 
  • The Bill extends this power to the central government as well. The central or state government may make rules on various matters, including:
    • the manner of collecting details,
    • the manner of collection, storage, preservation, destruction, dissemination, and disposal of details by NCRB.

Significance of the Bill

• The bill utilises modern state of Art Technology to collect information. For example, retina scan, biometrics etc along with previously present fingertips scanning.
• It proposes to ensure that no person involved in a political agitation has to give (physical and biometric) measurements only for political agitation. But, if a political leader is arrested in a criminal case, then he will have to be at par with a citizen.
• It suits the changed nature of the crime.
• It proposes to strengthen the capacity of the police and forensic department.

Concerns in the Bill

• Violates constitution: 
  • A regulatory and scientific examination of the Bill clearly indicates grave constitutional violations as it falls short of the fundamental right to equality (provided by Article 14), the right against self-incrimination (provided by Article 20(3)), and the right to privacy (provided by Article 21) of the Constitution of India.
• Unnecessary classifications having no use: 
  • An unreasonable classification is also created by the Bill between classes of persons who may and who may not be compelled to give their sensitive personal information.
• Violating right to privacy: 
  • If an infringement of the right to privacy satisfies the test of the doctrine of proportionality as laid down in Puttaswamy II, it can be said to be constitutional. 
  • The doctrine of proportionality constitutes a (i) legitimate aim, (ii) suitable means, (iii) necessity of means, and (iv) proportionality stricto sensu.
• Over delegation of powers: 
  • Excessive delegation of power to various functionaries and authorities under the Bill, including prison officers and the police. 
• Opaqueness: 
  • Purpose for which the measurements are to be collected, stored, preserved or shared is absent, making the Bill ambiguous and opaque.
  • Period for which such measurements shall be retained, and grounds for their removal and destruction, are all procedural safeguards that the parent statute must itself lay down but are not there.

Way Ahead

• It should be ensured that Right to Privacy should be maintained along with keeping national security as prime agenda.
• Innocent should not be prosecuted.
• Necessary training should be imparted to the investigating officers.

Source: IE