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The Criminal Proceedings (Identification) Bill, 2022 proposes allowing police to take “metrics” to identify convicted, arrested, or detained people.
Recent Context: On Mar 28, 2022, the Criminal Procedure [Identification] Bill, 2022, was tabled in the Lok Sabha. The bill aims to allow law enforcement organisations to collect measures of prisoners and other individuals to detect and prosecute criminal problems and maintain records.
The Rajya Sabha approved the Bill on Apr 6, 2022, obtaining the president’s assent on Apr 18, establishing legislation.
Key Takeaways
- It grants the government the right to collect biological or chemical specimens from detainees and offenders.
- Section 53 or Sec 53A of the 1973 CrPC (Code of Civil Procedure ), permits the authorities to gather information.
- Data may be collected via iris and retinal scanners, footprints, handprints, gestures, pictures, and other identifiers. Corporeal, physiologic proof that has been analysed, behavioural traits like signatures or handwriting, or any other evaluation
- The primary piece of legislation guiding the criminal justice system is the CrPC.
- Anyone guilty, detained, or jailed by a precautionary custody act must present “metrics” to a police officer or a disciplinary official.
- Crime data measurement records shall be maintained, maintained, shared with security agencies, and deleted by the NCRB (National Crime of Records Bureau). Up to 75 yrs might pass before the data is destroyed.
- Its goal is to protect the distinctive characteristics of criminal suspects and support enforcement in case investigations.
Act of Criminal Procedure 2022
The ministry of home affairs notified regulations on Monday, integrating security measures against potential misuse and infringement of personal liberty while enforcing the Crimes Act (Identification) Act 2022, which allows prison and police officials to collect readings, including fingerprint images, once each paw prints, biometric data like iris and eye retina, physiological and even biomedical metrics, with exclusions, of those apprehended, found guilty, or standing trial in criminal cases.
The Criminal Procedure (Identification) Bill, 2022, was approved by the Rajya Sabha and Lok Sabha on Apr 4 and 6, respectively. With the President’s approval of the Bill on Apr 18, the Administration formally announced it, putting the Act into effect. The Act proposes to allow the gathering, processing, and preserving of biometrics and private information on anybody apprehended by executive authorities, especially convicted criminals. It modifies the Identifying of Prisoners Act of 1920, which Sec 10[1] of the 2022 Act is abolished.
The Act expands the powers of the Government and its police agencies to collect biometrics and other bioinformatics tools from anybody held by the authorities, such as individuals subject to laws requiring preventative custody, throughout a criminal probe. Although the phrase “any individual” leaves room for interpretation, it broadens the extent of this Act’s applicability. It goes up to the whims and preferences of the State and its enforcement agencies.
Right to physical integrity and personal freedom
The Identifying of Prisoners Act of 1920 was the subject of the 87th Law Commission of India Report of India, highlighting the necessity for various amendments to the former Act. It emphasised the need for changes to find a balance between a country’s sovereignty and those of the State for the sake of the community.
By Section 53 & 53A of the Code of Criminal Procedure, law enforcement officers may examine any arrested individual, even convicted criminals, and take their fingerprinting, imprints, biological material, and behavioural characteristics, including autographs, writing, and handprints. Plasma, sperms, scalp, and swab specimens are also included in this data, in addition to studies like Forensic DNA.
A person arrested under any legislation will not be required to submit such data, except if they are detained for an offence against women or children, even though refusing to provide such information is contrary to the law underneath this Act. According to Article 20(3) of a Convention, such criminalisation amounts to a coercive testimonial response collection, further infringing on an individual’s right to liberty and life under Article 21.
Are you using excessive administrative discretion?
Administrative measures mandate that the government cannot take action without providing sufficient justification. One of the fundamental natural justice principles is this. However, this Act gives a Judge the option of ordering the gathering of personal information from anybody who has not been arrested for supporting an open investigation. The Magistrate is not required to give a basis for this decision.
Failure to Comply
Sec 186 of the IPC defines the denial or resistance to collecting measures as an offence under the act’s terms (IPC).
Any action taken or meant to be taken in good conscience by this Act and any regulation issued under section shall not give rise to a claim or cause of action against another individual.
Regulations for implementing the objectives of this Act may be made by the federal or state governments and released in the Official Gazette.
Issues with the Criminal Procedure [Identification] Act
According to Article 20[3] of the Constitution, no one accused of a crime should be forced to testify despite oneself. Some claim that collecting biological materials and tranquillising them might result in drug analyses and brain scans of suspects or those who have been imprisoned.
The Bill aims to enforce these requirements on those detained by any temporary restraining statute, contrary to Article 21.
Some claim that the law gives the courts and the police the authority to measure people in court and accused of being engaged in a lawsuit on the assumption that they may later engage in a crime.
