Criminal Procedure (Identification) Bill 2022

Criminal Procedure (Identification) Bill 2022

Subject: Polity

Section: Constitution

Context: The government introduced the Criminal Procedure (Identification) Bill, 2022 in Lok Sabha on Monday

Features of the Bill

• Define “measurements”: To include finger impressions, palm-print and foot-print impressions, photographs, iris and retina scan, physical, biological samples and their analysis, etc.;
• Empower the National Crime Records Bureau (NCRB): To collect, store and preserve the record of measurements and for sharing, dissemination, destruction and disposal of records;
• Empower a Magistrate: To direct any person to give measurements; a Magistrate can also direct law enforcement officials to collect fingerprints, footprint impressions and photographs in the case of a specified category of convicted and non-convicted persons;
• Empower police or prison officers: To take measurements of any person who resists or refuses to give measurements
• Authorises police to record signatures, handwriting or other behavioural attributes: Referred to in section 53 or section 53A of the Code of Criminal Procedure, 1973, for the purposes of analysis.

Who does the law apply to?

It proposes that the law apply to three categories of individuals:

• Those convicted of an offence punishable under any law for the time being in force.
• Those involving “suspected criminals” or “habitual offenders” with a view to preventing crime.
• Those arrested in connection with an offence punishable under any law in force or detained under any preventive detention law. This would include the National Security Act or the Public Safety Act.

Additionally, the Bill states that except for those accused of offences committed against a woman or a child, or for any offence punishable with imprisonment for a period that is not less than seven years, a person accused of any other offence can refuse to allow taking of his biological samples under the Bill.

How will this data be stored?

• NCRB can collect the record of measurements from the state government or Union Territory Administration concerned, or any other law-enforcement agencies, and will have the power to store, preserve and destroy the record of measurements at national level and share and disseminate such records with any law enforcement agency.
• The Bill says that even if such data is collected from the accused, it can be destroyed from the records unless a magistrate in writing directs otherwise, after the accused is released without trial or discharged or acquitted by a court.

What are the issues being raised about the Bill?

• Lack of clarity: Several provisions are not defined in the Bill itself.
  • For instance, the statement of objects says it provides for collection of measurements for “convicts and other persons” but the expression “other persons” is not defined.
  • It does include those accused of certain offences, but it can be argued that the police could use the law to expand it to others.
• Conflict with Fundamental Rights:
  • The proposed law will be debated against Article 20(3) of the Constitution, which is a fundamental right that guarantees the right against self-incrimination. It states that “no person accused of any offence shall be compelled to be a witness against himself”.
  • The Supreme Court’s landmark ruling in Puttaswamy v Union of India, which recognised the right to privacy as a fundamental right, made it clear that any state action infringing on the right needs to be backed by legislation.
• Contentious provisions: The Bill proposes to collect samples even from protesters engaged in political protests.