Criminal Procedure (Identification) Bill, 2022: ALL YOU NEED TO KNOW

This bill was presented in the Lok Sabha & Rajya Sabha in March 2022 & received its consent on April 4, 2022 from both the houses of the parliament. This bill will replace the Identifications of Prisoners Act, 1920. The main motive of this bill is to ensure more efficient & speedy investigation by the use of technology. However, this bill is raising some serious privacy issues & concerns on Right to Privacy of an individual.

Prominent Features of this Bill

• This bill gives the power to the police & other investigating agency to collect, store & analyze the fingerprints, iris & other biological samples of the prisoners.

• The NCRB (National Crime Record Bureau) will act as the central repository where all these samples along with handwriting & signatures samples will be stored for 75 years

• It further broaden the scope by allowing the Police to even take the body measurements from convicts, habitual offenders and ‘other persons’ However, the existing law only allows the fingerprint & footprint of a limited category of convicted person.

• They have included the ‘other persons’ as it will help the investigating agency to gather legally admissible evidences & establish the crime in the eye of law.

• It is expected that this bill will act as an obstacle for those who are experts in identity theft & frauds & will minimize the crime rate as well.

Issues related to this Bill

• With the advancement in technology, it’s a welcoming step that a century old act will be replaced by the upcoming bill that will give preference to the use of modern technology However, this bill is the biggest danger to the “Right to Privacy” of the individuals as it is allowing the police to collect the measurements of the ‘other persons’ as well.

• The bill is even allowing the samples from the protesters engaged in political protests.  It is also considering Narco Analysis & Brain Mapping in the case when the force is being applied to collect the biological information which leads to the violation of “Right against Self Incrimination.”

• Apart from it, the storage & handle of the personal sensitive data for 75 years is another concern.

• This bill gives the rights to the detainees (not accused of any offence against a woman or a child) that they can refuse. Although, due to the lack of knowledge of their rights, they won’t be able to do so & in that case the investigating agency will entitle to absolute power which can be harmful.

Conclusion

So, there shall be clear scrutiny of some provisions as the data privacy concern is utmost as it consists of sensitive personal data. This kind of law can be only introduced when the country has a strong data protection law that imposes serious fines & imprisonment in case of any breach. To handle, store & preserve the data, more precautionary steps and measures needs to be taken for better implementation of the law. Apart from it, proper training shall be given to the investigating agencies along with judicial officers to deal with such types of cases swiftly. 

By: Pakhi Garg (Advisor. WCSF)

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