The Criminal Procedure (Identification) Bill, 2022
Introduction
In Lok Sabha- introduced March 28, 2022
Introduced by: Ministry of Home Affairs
Main Provisions of The Criminal Procedure (Identification) Bill, 2022
i. The Bill expands:
ii. the type of data that may be collected,
iii. persons from whom such data may be collected, and
iv. the authority that may authorise such collection.
It also provides for the data to be stored in a central database.
Under both the 1920 Act and the 2022 Bill, resistance or refusal to give data will be considered an offence of obstructing a public servant from doing his duty.
Background of the Bill
The Identification of Prisoners Act, 1920 allows police officers to collect certain identifiable information (fingerprints and footprints) of persons including convicts and arrested persons. Also, a Magistrate may order measurements or photographs of a person to be taken to aid the investigation of an offence. In case of acquittal or discharge of the person, all material must be destroyed.
There have been advances in technology that allow other measurements to be used for criminal investigations. In 1980 the Law Commission of India, while examining the 1920 Act, had noted the need to revise it to bring it in line with modern trends in a criminal investigation.
In March 2003, the Expert Committee on Reforms of the Criminal Justice System (Chair: Dr Justice V. S. Malimath) recommended amending the 1920 Act to empower the Magistrate to authorise the collection of data such as blood samples for DNA, hair, saliva, and semen.
The DNA Technology (Use and Application) Regulation Bill, 2019 (pending in Lok Sabha) provides a framework for using DNA technology for this purpose.
Change brought by the proposed amendment Bill (Source: https://prsindia.org/)
| 1920 Act | Changes in the 2022 Bill |
| Data permitted to be collected | |
| Fingerprints, foot-print impressions, photographs | Adds: (i) biological samples, and their analysis, (ii) behavioural attributes including signatures, handwriting, and (iii) examinations under sections 53 and 53A of CrPC (includes blood, semen, hair samples, and swabs, and analyses such as DNA profiling) |
| Persons whose data may be collected | |
| Convicted or arrested for offences punishable with rigorous imprisonment of one year or more Persons ordered to give security for good behaviour or maintaining peace The magistrate may order in other cases collection from any arrested person to aid criminal investigation | Convicted or arrested for any offence. However, biological samples may be taken forcibly only from persons arrested for offences against a woman or a child, or if the offence carries a minimum of seven years imprisonment Persons detained under any preventive detention law On the order of the Magistrate, from any person (not just an arrested person) to aid the investigation |
| Persons who may require/ direct collection of data | |
| Investigating officer, the officer in charge of a police station, or of rank Sub-Inspector or above | Officer in charge of a police station, or of rank Head Constable or above. In addition, a Head Warder of a prison |
| Magistrate | Metropolitan Magistrate or Judicial Magistrate of first class. In case of persons required to maintain good behaviour or peace, the Executive Magistrate |
