Criminal Procedure [identification] Act 2022
Context
The criminal procedure [identification] bill [now act] 2022 got President's assent on the 18th of April which shall come into force
Key points of the act
- The act authorises the police and the prison authorities to make measurements of the convicts and others for identification and investigation in criminal matters and to preserve records.
- The act now includes physical measurements such as finger impressions, palm prints, foot impressions, photographs, iris and retina scans; biological samples and their analysis; and behavioural attributes including signatures, handwriting; or any other examination referred to sections 53 or 53A of the code of criminal procedure [CrPC] 1973.
- Medical examinations include examination of blood, semen, swabs [in the case of sexual offences], sputum and sweat, hair samples and fingernail clippings using modern and scientific techniques including DNA profiling and other necessary tests
The allegation is that the act is unconstitutional and may be subject to misuse.
The scope was limited to recording measurements which include finger impressions and footprint impressions of certain convicts and non-convict persons.
The National crime records bureau will store, process and preserve whatever data is collected by the states and union territories.
Constitutionality
In 1961 the Supreme court of India in the state of Bombay vs Kathi Kalu
the constitutionality of collecting biological samples or other measurements for facilitating investigation has been settled since along.
The only exceptions are scientific techniques, such as narcoanalysis, polygraphy and brain fingerprinting which the supreme court in Selvi vs the state of Karnataka [2010].
Access to biometrics collected by the unique identification authority of India [UIDAI] has been refused by enforcement agencies on technology issues and concerning law.
the matter is pending with the Delhi high court and supreme court.
Code of criminal procedure act
The evolution of the Code of Criminal Procedure can be traced back to 1861 when the first code was enacted following the passage of the Indian Penal Code in 1860.
The Code of Criminal Procedure, 1973, was enacted by Parliament in 1973 in response to the recommendations of the Fifth Law Commission's Forty-First Report.
Types of Offences
Cognizable offence: It is an offence for which, a police officer may arrest without a warrant by the First Schedule or any other law in force at the time.
Non-cognizable Offence: It is one for which a police officer has no authority to arrest without a warrant.
Bailable offence: It means an offence listed in the First Schedule or made bailable by any other law currently in force.
Non-bailable offence: A non-bailable offence is a serious offence for which the accused does not have the right to be released on bail. Only by order of the competent court can the accused be released on bail for this offence.
limitations of the act
three categories of persons, namely, convicts of any offence punishable with rigorous imprisonment for a term of one year or upwards.
persons ordered to give security for their good behaviour.
persons arrested in connection with an offence punishable with rigorous imprisonment for a term of one year or upwards.
the Juveniles Justice Act, 2015.
A first information report is to be written only in imprisonment for seven years or more.
in all other cases, delinquent juveniles were produced before the Juvenile justice board along with a general daily dairy report and social background report.
Important Acts
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The act seeks to repeal the Identification of Prisoners Act [IPA] OF 1920.
The code of criminal procedure [CrPC], 1973.
The old code, the Code of Criminal Procedure, 1898.
41st law commission report [1969], considered the necessity of physical examination of the arrested person for an effective investigation, with put offending Article 20[3] of the constitution.
Section 311A was added to facilitate providing a specimen signature or handwriting during the investigation.
The Juveniles Justice Act, 2015.
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