The Criminal Procedure Identification Bill 2022 PDF Summary
Hello everyone, today we are going to upload the Criminal Procedure Identification Bill 2022 PDF for the help of all of you. 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 assists in the investigation of an offense. may order measurements or photographs of any person to be taken. In the event of the person being acquitted or discharged, all material must be destroyed.
There have been advances in technology that allow other measurements to be used for criminal investigations. The DNA Technology (Use and Application) Regulation Bill, 2019 (pending in the Lok Sabha) provides a framework for using DNA technology for this purpose. In 1980, the Law Commission of India, examining the 1920 Act, noted the need to modify it to bring it in line with modern trends in criminal investigation. In March 2003, the Expert Committee on Reforms of the Criminal Justice System (Chairman: Dr Justice VS Malimath) approved DNA, hair, saliva, and semen. The Criminal Procedure (Identity) Bill, 2022 was introduced in the Lok Sabha on March 28, 2022. The Bill seeks to replace the Identification of Prisoners Act, of 1920.
The Criminal Procedure Identification Bill 2022 PDF – Details Overview
Comparison of key provisions of the 1920 Act and the 2022 Bill
|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||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 ordered to give security for good behaviour or maintaining peace||Persons detained under any preventive detention law|
|The magistrate may order in other cases collection from any arrested person to aid criminal investigation||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, 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|
Source: Identification of Prisoners Act, 1920; The Criminal Procedure (Identity) Bill, 2022; PRS.
- National Crime Records Bureau (NCRB) will be the central agency for maintaining the records. It will share the data with law enforcement agencies. In addition, States/UTs may notify agencies in their respective jurisdictions to collect, store and share data.
- The collected data will be kept in digital or electronic form for 75 years. Records will be destroyed in the case of persons acquitted after all appeals or released without trial. However, in such cases, a Court or Magistrate may direct the particulars to be retained after recording the reasons in writing.
Bill may infringe the right to privacy and equality
The Bill allows for the collection of certain identifiable information about individuals for the purpose of investigating a crime. The information specified under the Bill forms part of the personal data of individuals and is thus protected under the right of individuals to privacy. The right to privacy has been recognized as a fundamental right by the Supreme Court (2017). The Court has laid down principles that govern any law restricting this right. These include a public purpose, a rational nexus of law with such a purpose, and the least intrusive way to achieve that objective. That is, the breach of privacy must be necessary and proportionate to that purpose. The Bill could fail this test on several parameters. It may also fail to comply with the requirements of Article 14 of the law to be fair and reasonable and for equality under the law.
This issue arises because of the fact that: (a) data may be collected not only from persons convicted but also from persons arrested for any offense and from any other person to aid in the investigation; (b) the data collected is not required to have any connection with the evidence necessary for the case; (c) the data is stored in a central database that can be accessed widely and not just in case files; (d) the data is stored for 75 years (effectively, for life); and (e) security measures have been reduced by lowering the level of an officer authorized to collect data. We discuss these issues below, and explore some of the results through some examples.
Persons whose data may be collected
The Bill expands the group of persons whose data can be collected and includes persons convicted or arrested for any offense. For example, this would include a person arrested on charges of rash and negligent driving, which could be punished with imprisonment of up to six months. It extends the power of the Magistrate to order recovery from any person (previously only from those arrested) for aiding in the investigation. This differs from the observation of the Law Commission (1980) that the 1920 Act is based on the principle that the less serious the offense, the more restricted the power to take coercive measures. 3 Note that the DNA Technology (Use and Application) Regulation Bill, 2019 does away with the requirement of consent for collecting DNA only from persons arrested for offenses that result in death or imprisonment for a period not exceeding seven years. are punishable with imprisonment.
Here you can free download The Criminal Procedure Identification Bill 2022 PDF by clicking the link given below.