THE CRIMINAL PROCEDURE (IDENTIFICATION) ACT, 2022: AN ANALYSIS BY - DR.BINISH BANSAL
THE
CRIMINAL PROCEDURE (IDENTIFICATION) ACT, 2022: AN ANALYSIS
AUTHORED BY - DR.BINISH BANSAL,
ASSOCIATE PROFESSOR
The Criminal procedure (Identification)
Act 2022, enacted on April 18,2022 authorizes the taking of measurements of
convicts and other persons for identification and investigation in criminal
matters and to preserve records. Key points of the Act include:-
1.
Short Title and Commencement:
The Act is called the Criminal
Procedure (Identification) Act 2022, and comes into force on a date notified by
the Central Government.
2.
Definitions:
“Magistrate” is
defined according to the area, including Metropolitan Magistrate, Judicial Magistrate
or Executive Magistrate.
“Measurements”
include finger impressions, Palm -print impressions, footprint impressions, Photographs,
iris and retina scan, Physical biological Samples and their analysis,
behavioural attributes like signatures and handwritings.
Police officer” means an officer in charge of a
police station or an officer not below the rank of Head constable.
“Prescribed” means
prescribed by rules made under the Act.
“Prison officer”
means an officer of a prison not below the rank of Head Warder.
3. Taking of Measurements:-
Individuals convicted of
an offence, ordered to give security for good behaviour, or arrested in
connection with an offence can be required to allow their measurements to be taken.
3.1.
Those arrested for offence not against women or children and not
punishable by imprisonment of at least seven years may not be obliged to
provide biological samples.
4. Collection, Storing and Preservation
of Measurements:-
The National Crime
Records Bureau is responsible for these functions. The NCRB is authorized to
collect measurement records from State Governments, Union Territory Administration
and other law enforcement aagencies.
4.1.National Level Storage:-
These records are to be stored,
preserved and destroyed at the national level by the NCRB.
4.2.Processing and Sharing:-
The NCRB can process these records
with relevant crime and criminal records and share them with any law
enforcement agency.
4.3.Retention Period:-
The records are to be retained in
digital or electronic form for 75 years from the date of collection.
4.4.Destruction of records:-
if person is released without trial,
discharged or acquitted and has not been
previously Convicted, the records of measurements taken under this Act shall be
destroyed, unless the court or magistrate orders otherwise.
4.5. State and UT level:-
State Governments and Union Territory
Administrations can notify appropriate agencies to collect, preserve and share
measurements within their jurisdiction.
5. Magistrate power :-
A Magistrate can direct a
person to give measurements for the purpose of any investigation of proceeding
under the Code of Criminal Procedure, 1973 or any other law.
6. Empowerment of police:-
The Act empowers police
or prison officers to take measurements of any person who resists or refuses to
give measurements. Resistance to or refuses to allow the taking of measurements
under this Act shall be deemed to be an offence under section -186 of the
Indian Penal Code.
7. Bar of suit:-
No
suit or any other proceeding shall Iie against any person for anything done in
good faith.
8. Power to make rules:-
The Central Government or
the State Government may, by notification in the official Gazette make rule for
any carrying out the purposes of this Act.
9. Power to remove difficulties:-
The Central Government
may remove difficulties.
Provided that no such
order shall be made under this section after the expiry of three years from the
commencement of this Act.
10. Repeal and Saving:-
The Identification of Prisoners Act, 1920 is
here by repealed.
