New Delhi: The Criminal Procedure (Identification) Bill 2022, was passed in Rajya Sabha on Wednesday. This can be considered a path-breaking piece of the legislature as it is the first amendment made to the Identification of Prisoners Act, in over a century.
The last revision in the Act was made in 1920, hence the newly passed legislature holds great significance in the present-day criminal proceedings practice. The new bill replaces the Identification of Prisoners Act, of 1920.
The bill allows law enforcement agencies to collect, store and analyse physical and biological samples of convicted individuals and other persons for the purposes of identification and investigation in criminal matters.
What is the Criminal Procedure (Identification) Bill 2022?
Introduced by Union Minister of State (MoS) for Home, Ajay Misra Teni in Lok Sabha, the Criminal Procedure (Identification) Bill 2022 empowers and allows law enforcement agencies, especially the police, to collect, store and analyse physical and biological samples of convicts for the purpose of identification and probe in criminal matters.
As per the content of the bill, it provides for legal authority to investigative agencies to take appropriate body measurements of persons who are required to give such measurements in order to make the probe of crime more efficient and expeditious.
What do the physical and biological samples include as per the bill?
Body measurements of convicts/persons as sanctioned to be collected under the bill include finger impressions, palm-print and foot-print impressions, and photographs. Bio-metic samples such as iris and retina scan, physical, biological samples and their analysis.
It also includes behavioural attributes including signatures, handwriting or any other examination referred to in section 53 or section 53A of the Code of Criminal Procedure, 1973.
How the Criminal Procedure (Identification) Bill 2022 empower police?
The bill in its current form allows law enforcement agencies to collect samples and data of already convicted felons and other people outside the purview of the Criminal Procedure code and offers more modern ways of identification.
It especially empowers the police to take measurements of any person who resists or refuses to give measurements.
The introduction of biometric data and analysis will help agencies to identify the accused despite changes in outer appearance and methods to disguise, which often hampers the investigation and prolongs it.
The legislation also empowers the National Crime Records Bureau (NCRB) of India to collect, store and preserve the record of measurements and for sharing, dissemination, destruction, and disposal of records.
Why is the opposition against the bill- Right to the Privacy debate
At the time of the debate on the Criminal Procedure (Identification) Bill 2022, the opposition leaders expressed concerns as to how the legislature violates the right to privacy of a person as it allows police to take measurements of a person against their will.
The opposition also argues that there’s great scope of misuse of the proposed law to harass individuals and also sought answers of how the data of an individual will be protected under the agencies.
Several opposition parties also termed the bill “unconstitutional” and “draconian.”
Expressing concern over various sections of the Bill, Congress leader P Chidambaram asked will the bill ensure that taking physical and biological samples from convicts and persons accused of crimes would not violate their liberty and privacy.
Citing Supreme Court judgements, he said, “Since 2010, the law in this country is that narco analysis, polygraph tests and BEAP (brain electrical activation profile) are unlawful, unconstitutional. They violate liberty and privacy.”
Asserting that there is ambiguity in the bill on how “measurements” for physical and biological samples are defined, he demanded that the government should make it clear if narco analysis, polygraph tests and BEAP are included in it.
Government’s defence on the Criminal Procedure (Identification) Bill 2022
Addressing the opposition’s concern about the misuse of data and violation of one’s right to privacy, Home Minister Amit Shah in the parliament said the bill is only aimed to strengthen the capacity of the police and forensic department.
“Under section 3, the government of India has the right to make rules. We will define it and 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,” Shah said.
The method precludes custodial torture
Shah further added that the provisions of the bill are intended to preclude the use of third-degree methods (custodial torture) and making available the benefits of science and technology to prosecuting agencies.
Shah deplored none of the members rose to say conviction rates in the country are low and should be increased
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