The Criminal Procedure (Identification) Bill, 2022

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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. 

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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 ActChanges in the 2022 Bill
Data permitted to be collected
Fingerprints, foot-print impressions, photographsAdds: (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 investigationConvicted 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 aboveOfficer in charge of a police station, or of rank Head Constable or above.  In addition, a Head Warder of a prison
MagistrateMetropolitan Magistrate or Judicial Magistrate of first class.  In case of persons required to maintain good behaviour or peace, the Executive Magistrate
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