The Criminal Procedure (Identification) ACT, 2022

THE CRIMINAL PROCEDURE (IDENTIFICATION) ACT, 2022: A REPLACEMENT OF IDENTIFICATION OF PRISONERS ACT, 1920

The Criminal Procedure (Identification) Bill, 2022, which replaced the 102-years old Identification of Prisoners Act, 1920, was tabled in the Lok Sabha of the Parliament by the Union Minister of State for Home Affairs, Mr. Ajay Kumar Mishra on 28^th March, 2022, which was later passed on April 4, 2022 by the Lok Sabha and on April 6, 2022  by the Rajya Sabha.

Despite being called as “unconstitutional” and “draconian” by several opposition parties, finally it has received the assent of President on 18^th April, 2022 and thus, became an Act.

The objective of this Act is to assist law enforcement agencies in identification of criminals and investigation of criminal matters and ensure more efficient and expeditious investigation of crime with the help of advanced technology.

The Act authorises the police and prison authorities to take physical and biological samples of convicts and others for the purpose of identification and investigation in criminal matters and to preserve records.

Key features of the act

• This piece of legislature has widened the scope of measurements and includes finger-prints impressions, palm-print impressions, foot-print impressions, photographs, iris and retina scan, physical and biological samples with 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.
• As per Section 3 of the Act, measurements of the following persons may be collected:

-Any person convicted of an offence punishable under any law, or

-Any person ordered to give security for his good behaviour or maintaining peace under section 117 of the Cr.P.C, 1973 for a proceeding under section 107 or section 108 or section 109 or section 110 of the said Code ,or

-Any person arrested with respect to an offence punishable by any law, and

-Any person detained under the preventive detention law.

• Section 3 of the Act empowers the police officer or a prison officer to take measurements.
• The Act does not mandate a person to give biological samples until and unless such person has been arrested for an offence committed against a woman or a child or for any offence punishable with imprisonment for a term not less than seven years.
• Section 5 of the Act empowers the Magistrate to direct any person to give measurements if he is satisfied that it is it is expedient to do so 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.
• Section 6 of the Act empowers the officer-in-charge of a police station or an officer not below the rank of Head Constable and prison officers not below the rank of Head Warder to take measurements of any person who resists or refuses to do so.
• The National Crime Records Bureau (NCRB) shall be responsible to collect, store, preserve and destroy the record of measurements at national level in the interest of prevention, detection, investigation and prosecution of any offence under any law for the time being in force.
• The record of measurements shall be retained in digital or electronic form for a period of 75 years from the date of collection of such measurement.
• The NCRB may, if required, share the record with law enforcement agencies.

Difference between the Identification of Prisoners Act, 1920 andThe CRIMINAL PROCEDURE (IDENTIFICATION) ACT, 2022

Criticism and Issues Raised

Despite the assurance made by Union Minister of Home Affairs, Mr. Amit Shah, there were widespread protests and concerns by the opposition members in relation to this Act such as:

• Violation of Article 14 of the Constitution: Section 3 of the Act has made it compulsory for a person to give biological samples if he is  arrested for an offence committed against a woman or a child or for any offence punishable with imprisonment for a term not less than seven years. It means that all other arrested persons  belonging to the above-category may have to give measurements. Hence, it was claimed as arbitrary and violation of Article 14 of the Constitution.
• Violation of Article 20(3) of the Constitution: The terms used under the Act such as ‘measurements’, ‘biological samples’ and ‘behavioural attributes’ provide wider room for interpretation  and the same can be used to collect self-incriminating evidence against any arrested, convicted or detained person and that too without their consent. Therefore, this was also claimed as violation of the right against self-incrimination provided under Article 20(3) of the Constitution.

The Hon’ble Supreme Court of India in the case “State of Bombay Versus Kathi Kalu Oghad, AIR 1961 SC 1808”, held that the person in custody giving his specimen handwriting or signature or impression of his thumb, finger, palm or foot, to the investigating officer, cannot be included in the expression “to be a witness” under Articles 20(3) of the Constitution.

• Violation of Article 21 of the Constitution: Allowing taking iris and retina scans, photographs, finger impressions, palm-print impressions, footprint impressions, physical and biological samples were alleged as violation of bodily integrity and dignity of a person.

In the landmark Judgment, Justice K.S Puttaswamy Versus Union of India and Ors,(2019)1 SCC 1,the Hon’ble Supreme Court delivered an unanimous verdict and held that the Right to Life and Personal Liberty under Article 21 of the Constitution also provides protection to ‘bodily integrity and dignity’ of a person.

Absence of Data Protection Law: One of the apprehensions that have been raised in relation to this Act is, that preserving the record for a period of 75 years in the absence of data protection law may create stigma amongst the individuals from whom data have been collected.

Conclusion

The sole aim of the Criminal Procedure (Identification) Act, 2022 is to increase conviction rates in the country and to convey a strong message in the society that over the period of time and considering present situation, investigation methods have been changed. Accurate biological samples will help law enforcement agencies in prevention and detection of the crime. The said purpose of this Act and the accuracy in collecting the samples can only be accomplished when more appropriate analytical tools will be used and adequate training is provided to Prosecutors, Judicial Officers, Investigation Officers, Doctors and forensic experts.