At present, both Lok Sabha and Rajya Sabha passed the Criminal Procedure (Identification) Bill, 2022, and now it needs the assent of the President to attain the status of legislation. The Bill proposes repeal of the Identification of the Prisoners Act, 1920. The Preamble of the Bill states that the objective of the bill is to take measurements of the convicts and other persons to ease identification and investigation in criminal matters and to preserve such records for incidental matters.
What are measurements?
Section 2(b) of the Bill states the scope of the expression ‘measurements’ to include finger impressions, palmprint impressions, footprint impressions, photographs, iris and retina scans, physical and biological samples along with their analysis, and behavioural attributes including signature, handwriting, or other examination referred by section 53 or 53A of the Code of Criminal Procedure, 1973.
Taking of Measurements
Section 3 of the Bill stated that the measurements of the following persons can be taken:
(i) convicted of an offence punishable under any law for the time being in force, or
(ii) ordered to grant security to ensure good behaviour and peace under section 117 of CrPC for a proceeding under section 107 or 108 or 109 or 110 of the CrPC, or
(iii) arrested for an offence punishable under any law or detained under any preventive detention law.
Proviso to section 3 provided that such persons are not obliged to provide their biological samples except in the cases where an offense is committed against a woman or a child or one which attracts imprisonment for a period not less than seven years.
However, when a person refuses to allow the taking of his measurements, he shall be deemed to be guilty of an offence under section 186 of the IPC, and the police officer or prison officer is authorized to take measurements even in this case (Section 6).
Also, section 5 of the Bill provides that the Magistrate can direct a person to give measurements for purpose of any investigation or proceeding under CrPC or any other law for the time being in force.
NCRB is responsible for the collection, storing, preservation, dissemination, and destruction of records
Section 4(1) of the Bill provides that the National Crime Records Bureau (NCRB) shall be responsible to:
(i) collect records of measurements from State/UT administration or law enforcement agencies,
(ii) store, preserve, and destroy the records,
(iii) process such records with relevant crime and criminal records, and
(iv) share and disseminate such records with concerned law enforcement agencies.
Section 4(2) of the Bill provides that such records shall be stored in digital/electronic form for a period of 75 years from the date of collection of measurements. However, in the case of a person not convicted of an offence who is released without trial or discharged or acquitted by the Court after exhaustion of all legal remedies, the records shall be destroyed unless the Court or Magistrate suggests otherwise.
Power to remove difficulties
Lastly, section 9 empowers the Central Government to remove any difficulty in the way of giving effect to this Act by way of an order in the Official Gazette.
Pros
The Bill is an advancement in the litigation process as it reduces the period of investigation. A database of records will make the investigation process more convenient and faster than ever. It would mitigate the agony of the undertrial prisoners and their families.
The Bill promotes the use of technology to speed up the investigation process. In the upcoming years, it might pave the way for techniques like Polygraph examination, Narcoanalysis, etc.
Cons
The Act provides that the records would be stored for a period of 75 years in digital/electronic form. Records stored in digital/electronic form are always at a risk of being subject to cybercrime attacks. Section 6 while permitting a police officer or prison officer to take measurements even after the refusal of such person is capable of interpretation of violation of the right against self-incrimination under Article 20(3) of the Constitution.
