President Ram Nath Kovind gave his assent to the Criminal Procedure (Identification) Bill on April 18, 2022. The bill was passed by the Parliament on April 6, 2022 following Rajya Sabha's approval through voice vote. The bill will replace the the Identification of Prisoners Act, of 1920 and provide sweeping powers to police to collect biometric samples and physical measurements of all detainees such as iris and retina scan, physical samples and behavioural attributes including handwriting and signatures. The Lok Sabha had passed the bill earlier on April 4th.
The police were till now permitted to only take finger and footprint impressions of a limited category of convicts and non-convicted persons. The bill was passed through a voice vote in the Lok Sabha after a discussion. Under the bill's provisions, the measurement record shall be retained for 75 years from the date of collection.
During the discussion on the bill, Union Home Minister Amit Shah said that new techniques are important to tackle new-generation crimes. He said that the provisions will be used only in the cases of heinous crimes, which was one of the amendment proposed by an opposition MP. Another MP had proposed an amendment to clarify that the samples will be taken only from convicts and not from those who are detained. The Home Minister has assured that the necessary clarifications will be made in the Rules.
Criminal Procedure (Identification) Bill will act as defender of human rights of crores of law-abiding citizens: HM Amit Shah in LS
What is Criminal Procedure Identification Bill ?
The Criminal Procedure Identification Bill 2022 seeks to repeal the existing "The Identification of Prisoners Act, 1920", which is limited to allowing collection of finger and footprint impressions and photographs for a limited category of convicted and non-convicted persons on the order of a Magistrate.
What powers does Criminal Procedure Identification Bill 2022 give to police?
The Criminal Procedure Identification Bill 2022 aims to authorise the police to take measurements of convicts and other persons for the purposes of their identifications and investigations in criminal matters to preserve records.
While Identification of Prisoners Act, 1920 allows collection of measurements for only a limited category of prisoners, the new Criminal Procedure Identification Bill 2022 will allow police or prison officials to collect measurements of all those who are detained under various charges or even those under preventive detention. It will somewhere give the police to take physical and biological samples of all detainees.
Criminal Procedure Identification Bill 2022: Draconian or Defender of Human Rights?
Union Home Minister Amit Shah said that the Criminal Procedure (Identification) Bill will ensure police remain two steps ahead of criminals. He also attempted to assure that there should be no apprehensions regarding the bill. He said that the bill will act as defender of human rights of crores of law-abiding citizens.
Criminal Procedure (Identification) Bill will act as defender of human rights of crores of law-abiding citizens: HM Amit Shah in LS
— Press Trust of India (@PTI_News) April 4, 2022
The opposition MPs termed the provisions of the Criminal Procedure (Identification) Bill as “draconian” and demanded that it be referred to Parliamentary standing committee to ensure stronger safeguards to prevent its misuse.
Opposition members term provisions of Criminal Procedure (Identification) Bill as “draconian” and demand that it be referred to Parliamentary standing committee to ensure stronger safeguards to prevent its misuse
— Press Trust of India (@PTI_News) April 4, 2022
Criminal Procedure (Identification) Bill 2022: Know Key Provisions of the Bill in 5 Points
1. The Criminal Procedure (Identification) Bill 2022 will repeal the Identification of Prisoners Act, 1920, which is limited to collecting fingerprint and footprint impressions for limited category of prisoners.
2. The new bill will allow the police to take measurements of all convicts and other detained persons to preserve records for the purpose of their identification.
3. As per provisions of the new Criminal Procedure (Identification) Bill 2022, any person detained, convicted or arrested or under any preventive detention law will be required to provide "measurements" to a police officer or a prison official.
4. The bill will allow the police to take iris and retina scan, photographs, finger-impressions, palm-print impressions, footprint impressions, physical, biological samples and their analysis.
5. The bill will also allow the police to collect their behavioural attributes including signatures and handwriting or any other examination referred under section 53 or section 53A of the Code of Criminal Procedure, 1973.
What does this mean?
Under the new criminal identification bill, any person who is detained, arrested, convicted or under preventive detention will be required to provide the above measurements to a police officer.
Background
The Criminal Procedure (Identification) Bill, 2022 was introduced in the Lok Sabha by Minister of State in Home Affairs Ministry Ajay Mishra Teni on March 28, 2022. The bill was presented during the ongoing second half of the Budget Session of the Parliament to repeal the Identification of Prisoners Act, 1920. The budget session of the Parliament was held in two parts, the first half had begun on January 31 and concluded on February 11. The second half of the Budget session of Parliament began on March 14 and is scheduled to conclude on April 8, 2022. Ajay Mishra Teni said that the current Identification of Prisoners Act was formed in 1920.
"It's been 102 yrs now. The Act provided for collection of only fingerprints & footprints. The world has undergone technological & scientific changes, crime and its trend has increased. That is why we have brought the Criminal Procedure (Identification) Bill, 2022. The Bill will not only help our investigation agencies but also increase prosecution," said Ajay Mishra Teni.
That is why we have brought the Criminal Procedure (Identification) Bill, 2022. The Bill will not only help our investigation agencies but also increase prosecution. There is also a chance of an increase in conviction rate in courts through this: MoS MHA Ajay Mishra Teni (2/2) pic.twitter.com/KtQ7bJ2j8W
— ANI (@ANI) March 28, 2022
Comments
All Comments (0)
Join the conversation