Criminal Procedure Identification Act 2022

 Criminal Procedure Identification Act 2022

• Biometric data collection: The Criminal Procedure Identification Act 2022 empowers police to collect biometric data, including iris and retina scan, finger, palm, foot-print impressions, photographs, signatures and handwriting of convicts and other persons.
• The new law will replace the Identification of Prisoners Act 1920.
• Specifying equipment: It has been made mandatory for the National Crime Records Bureau to draw up a standard operating procedure to specify equipment and devices for collecting biometric data.
• NCRB will be asked to specify the digital and physical format in which the measurements will be taken. Biometric data will be preserved in a secure and encrypted format as specified in the SOPs.
• Written approval: Biometric data of individuals arrested in connection with an offence under Chapter IXA or Chapter X of IPC shall be taken with the prior written approval of a police officer not below the rank of SP.
• Data of detainees: Individuals detained under prohibitory orders and charged by magistrates will not be asked to provide biometric details unless charged in any other offence.
• Refusal: Individuals refusing to provide biometric and other details will be charged under Sections of CrPC used in rape or attempt to rape cases.

Criminal Procedure Identification Act 2022: Need

• Law commission report: The 87th Report of the Law Commission of India reviewed this legislation and recommended several amendments.
• The Supreme Court in the State of UP vs Ram Babu Misra case highlighted the need for amending this law.
• Newer measurements: The new law includes more kinds of “measurements” that can be used by law enforcement agencies for investigation.

Criminal Procedure Code: Need for Identification Details

• Criminal Procedure Identification Act 2022 to establish the identity of the culprit against the individual being arrested
• Criminal Procedure Identification Act 2022  to identify suspected repetition of similar offences by the same individual
• Criminal Procedure Identification Act 2022 to establish previous records.

Criminal Procedure Identification Act 2022: Issues with the Law

• Colonial legacy: The new Criminal Procedure Identification Act 2022 law is similar to the previous law, which was a colonial legacy. The Criminal Procedure Identification Act 2022 law has raised some concerns related to the protection of fundamental rights.
• Violation of privacy: For privacy intrusive measure to be constitutional, it has to be taken for fulfilling a legitimate aim of the state. The test of necessity and proportionality is yet to be satisfied.
• Predictive policing: The collection of derivative data such as “analysis” and “behavioural attributes” can be used for predictive policing.
• Abuse of law: Personal data of an individual convicted/arrested for any offence, including petty offences, can be collected.
• Such a measure could result in abuse of the law at lower levels and overburdening of the systems.
• Mass surveillance: The database under this law can be combined with other databases such as those of the Crime and Criminal Tracking Network and Systems (CCTNS) for the purpose of mass surveillance.

Identification of Prisoners Act 1920

• Objective: The importance of the scientific use of finger impressions and photographs in the detection of crime and identification of criminals is well established.
  • It was necessary to enact the Identification of Prisoners Act, 1920 to prevent prisoners from refusing to allow their fingerprints or photographs to be recorded.
• Need: The act became necessary when the recording of newer forms of evidence such as fingerprints, footprints and measurements started becoming more accurate and reliable.

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