The Criminal Procedure (Identification) Bill, 2022, which would allow police and prison authorities to collect, store, and analyze physical and biological samples, including retina and iris scans, was introduced in Lok Sabha on Monday amid strong opposition from Opposition members, who forced a vote and labeled the Bill ‘unconstitutional.’
These protections would also apply to anybody detained under any preventative detention law, according to the bill. Physical and biological samples, signatures, and handwriting data will be stored at the National Crime Records Bureau (NCRB) for at least 75 years.
The bill also allows for the measurement of convicts and “other persons” for the sake of identification and criminal inquiry. It doesn’t define “other persons,” meaning that it covers more than only prisoners, arrested people, and detainees.
The measures can only be taken by police officers up to the rank of Head Constable. It also allows the NCRB to share records with other law enforcement agencies.
Opposition MPs stated that the Bill went beyond Parliament’s legislative authority since it infringed on citizens’ fundamental rights, especially their right to privacy. Ritesh Pandey of the BSP pointed out that the Bill wants to gather samples from political activists as well.
120 members voted in favor of the Criminal Procedure amendment bill
Union Minister of State for Home Ajay Mishra ‘Teni’ would be able to propose the criminal procedure amendment bill only after a vote in which 120 members voted in favor of it and 58 members voted against it. When the Opposition demanded a vote division, the government was caught off guard because not only were top ministers including Home Minister Amit Shah, Defense Minister Rajnath Singh, and Road Transport Minister Nitin Gadkari absent from the House, but even the Treasury Benches were empty.
Mr. Mishra, whose son is accused of running over farmers in Lakhimpur Kheri (Uttar Pradesh) last year, was interrupted by Congress leader Adhir Ranjan Chowdhury as the Bill was being introduced. The Minister answered by stating that if he were to face even a single criminal charge, he would resign from politics.
Manish Tewari, a member of Congress, contended that the Bill, which indicated the use of force in gathering biological data, may lead to narco analysis and brain mapping, and that it violated Article 20 (3) of the Constitution as well as the Supreme Court’s decision in the K.S. Puttaswamy case.
N.K. Premachandran of the RSP, Saugata Roy of the Trinamool Congress, Mr. Chowdhury, and Mr. Pandey of the Trinamool Congress all opposed Bill’s presentation. Mr. Premachandran stated that the Bill breaches the United Nations charter’s human rights obligations.
Technology advancements
The Minister dismissed the fears, saying that the Bill needed to include provisions for the use of contemporary tools to collect and record suitable body dimensions. He pointed out that the current statute, the Identification of Prisoners Act, was enacted in 1920 and only permitted the collection of fingerprint and footprint impressions of a select group of convicted criminals.
The Identification of Prisoners Act of 1920, whose scope was confined to recording finger and foot impressions of a limited group of convicted and non-convicted prisoners, as well as pictures under the direction of a Magistrate, is being repealed.
According to the bill’s Statement of Objects and Reasons, modern “measurement” procedures utilized in advanced countries produce trustworthy and dependable results that are recognized around the world. “Because many of the techniques and technologies were not available at the time, the Act (Identification of Prisoners Act, 1920) does not provide for acquiring these body measures.” As a result, it is critical to plan for modern ways to capture and record suitable body dimensions in place of the currently limited data,” the report stated.
The bill aims to increase the “ambit of persons” who may be measured, which will aid investigative agencies in gathering adequate legally admissible evidence and establishing the accused person’s wrongdoing.
“Therefore, there is a need to broaden the breadth and ambit of the “measurements” that can be obtained under the legislation,” it adds. “This will aid in the unique identification of a person involved in any crime and will assist the investigating agencies in solving the criminal case.”
The law establishes legal authority for taking proper body measurements of those who are required to submit such measurements, which would improve the efficiency and speed of criminal investigations while also enhancing the conviction rate.
The Criminal Procedure Amendment bill aims to define “measurements” as a finger, palm, and foot impressions, photographs, iris, and retina scans, physical, biological samples, and their analysis, and empowers the NCRB to collect, store, and preserve measurements records, as well as share, disseminate, destroy, and dispose of records. It allows a Magistrate to order anyone to take measurements, as well as the police or a prison officer to take measurements of anyone who resists or refuses to do so.
The law stipulates that “resistance to or refusal to allow the taking of measurements under this Act shall be deemed a crime under section 186 of the Indian Penal Code.”
“Provided, that if any person who has had his measurements taken pursuant to the provisions of this Act is released without trial or discharged or acquitted by the court after exhausting all legal remedies, all records of measurements so taken shall be destroyed from the record, unless the court or Magistrate, for reasons to be recorded in writing otherwise directs.”