The Criminal Procedure (Identification) Bill, 2022
Updated: Sep 29, 2022
Bill Summary:-The Criminal Procedure (Identification) ,Bill 2022
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THE CRIMINAL PROCEDURE (IDENTIFICATION) BILL, 2022
1 AS INTRODUCED IN LOK SABHA
Bill No. 93 of 2022
THE CRIMINAL PROCEDURE (IDENTIFICATION) BILL, 2022
A
BILL
to authorise for taking measurements of convicts and other persons for the purposes of
identification and investigation in criminal matters and to preserve records and for matters connected therewith and incidental thereto.
BE it enacted by Parliament in the Seventy-third Year of the Republic of India as
follows:—
1. (1) This Act may be called the Criminal Procedure (Identification) Act, 2022.
(2) It shall come into force on such date as the Central Government may, by notification
in the Official Gazette, appoint.
2. (1) In this Act, unless the context otherwise requires,—
(a) "Magistrate" means,—
(i) in relation to a metropolitan area, the Metropolitan Magistrate;
(ii) in relation to any other area, the Judicial Magistrate of the first class; or
(iii) in relation to ordering someone to give security for his good behaviour or maintaining peace, the Executive Magistrate;
(b) "measurements" includes finger-impressions, palm-print impressions,
foot-print impressions, photographs, iris and retina scan, physical, biological samples
and their analysis, behavioural attributes including signatures, handwriting or any
other examination referred to in section 53 or section 53A of the Code of Criminal
Procedure, 1973;
(c) "police officer" means the officer-in-charge of a police station or an officer
not below the rank of Head Constable;
(d) "prescribed" means prescribed by rules made under this Act;
(e) "prison officer" means an officer of prison not below the rank of Head Warder.
(2) Words and expressions used herein and not defined but defined in the Indian Penal
Code and the Code of Criminal Procedure, 1973 shall have the same meaning respectively
assigned to them in those Codes.
3. Any person, who has been,—
(a) convicted of an offence punishable under any law for the time being in force; or
(b) ordered to give security for his good behaviour or maintaining peace under
section 117 of the Code of Criminal Procedure, 1973 for a proceeding under section 107 or section 108 or section 109 or section 110 of the said Code; or
(c) arrested in connection with an offence punishable under any law for the time
being in force or detained under any preventive detention law,
shall, if so required, allow his measurement to be taken by a police officer or a prison officer in such manner as may be prescribed by the Central Government or the State Government:
Provided that any person arrested for an offence committed under any law for the time
being in force (except for an offence committed against a woman or a child or for any offence punishable with imprisonment for a period not less than seven years) may not be obliged to allow taking of his biological samples under the provisions of this section.
4. (1) The National Crime Records Bureau shall, in the interest of prevention, detection,
investigation and prosecution of any offence under any law for the time being in
force,—
(a) collect the record of measurements from State Government or Union territory
Administration or any other law enforcement agencies;
(b) store, preserve and destroy the record of measurements at national level;
(c) process such records with relevant crime and criminal records; and
(d) share and disseminate such records with any law enforcement agency, in such manner as may be prescribed.
(2)The record of measurements shall be retained in digital or electronic form for a
period of seventy-five years from the date of collection of such measurement:
Provided that where any person, who has not been previously convicted of an offence
punishable under any law with imprisonment for any term, has had his measurements taken according to the provisions of this Act, is released without trial or discharged or acquitted bythe court, after exhausting all legal remedies, all records of measurements so taken shall, unless the court or Magistrate, for reasons to be recorded in writing otherwise directs, be destroyed from records.
(3) The State Government and Union territory Administration may notify an appropriate agency to collect, preserve and share the measurements in their respective jurisdictions.
5. Where the Magistrate is satisfied that, for the purpose of any investigation or
proceeding under the Code of Criminal Procedure, 1973 or any other law for the time being in force, it is expedient to direct any person to give measurements under this Act, the Magistrate may make an order to that effect and in that case, the person to whom the order relates shall allow the measurements to be taken in conformity with such directions.
6. (1) If any person who is required to allow the measurements to be taken under this
Act resists or refuses to allow taking of such measurements, it shall be lawful for the police officer or prison officer to take such measurements in such manner as may be prescribed.
(2) Resistance to or refusal 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. No suit or any other proceeding shall lie against any person for anything done, or
intended to be done in good faith under this Act or any rule made thereunder.
8. (1) The Central Government or the State Government may, by notification in the
Official Gazette, make rules for carrying out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing provisions,
such rules may provide for all or any of the following matters, namely:—
(a) the manner of taking measurements under section 3;
(b) the manner of collection, storing, preservation of measurements and sharing,
dissemination, destruction and disposal of records under sub-section (1) of section 4;
(c) the manner of taking of measurements under sub-section (1) of section 6;
(d) any other matter which is to be prescribed, or in respect of which provision is
to be made.
(3) Every rule made by the Central Government under this Act shall be laid, as soon as
may be after it is made, before each House of Parliament, while it is in session, for a total 25 period of thirty days which may be comprised in one session or two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such30 modification or annulment shall be without prejudice to the validity of anything previously done under that rule.
(4) Every rule made by the State Government under this Act shall be laid, as soon as
may be after it is made, before each House of the State Legislature where it consists of two Houses, or where such Legislature consists of one House, before that House.
9. (1) If any difficulty arises in giving effect to the provisions of this Act, the Central
Government may, by order, published in the Official Gazette, make such provisions not
inconsistent with the provisions of this Act as appear to it to be necessary for removing the difficulty: Provided that no such order shall be made under this section after the expiry of three Power to remove difficulties. Power of Magistrate to direct a person to give measurements. Resistance to allow taking of measurements. Repeal and saving.
40 years from the commencement of this Act.
(2) Every order made under this section shall be laid, as soon as may be after it is made, before each House of Parliament.
10. (1) The Identification of Prisoners Act, 1920 is hereby repealed.
(2) Notwithstanding such repeal, anything done or any action taken or purported to
45 have done or taken including any rule, regulation, or any proceedings taken, any rule made
or any direction given or any proceedings taken or any penalty or fine imposed under the
repealed Act shall, in so far as it is not inconsistent with the provisions of this Act, be
deemed to have been done or taken under the corresponding provisions of this Act.
(3)The mention of particular matters in sub-section (2) shall not be held to prejudice or
affect the general application of section 6 of the General Clauses Act, 1897 with regard to the effect of repeal.
10 of 1897STATEMENT OF OBJECTS AND REASONS
The Identification of Prisoners Act, 1920 was enacted to authorise the taking of
measurements and photographs of convicts and other persons. The term "measurements" used in the said Act is limited to allow for taking of finger impressions and foot-print impressions of limited category of convicted and non-convicted persons and photographs on the order of a Magistrate.
2. New ‘‘measurement’’ techniques being used in advanced countries are giving
credible and reliable results and are recognised world over. The Act does not provide for taking these body measurements as many of the techniques and technologies had not been developed at that point of time. It is, therefore, essential to make provisions for modern techniques to capture and record appropriate body measurements in place of existing limited measurements.
3. The said Act, in its present form, provides access to limited category of persons whose body measurements can be taken. It is considered necessary to expand the ‘‘ambit of persons’’ whose measurements can be taken as this will help the investigating agencies to gather sufficient legally admissible evidence and establish the crime of the accused person.
4. Therefore, there is a need for expanding the scope and ambit of the ‘‘measurements’’
which can be taken under the provisions of law as it will help in unique identification of a person involved in any crime and will assist the investigating agencies in solving the criminal case.
5. The Criminal Procedure (Identification) Bill, 2022 provides for legal sanction for
taking appropriate body measurements of persons who are required to give such
measurements and will make the investigation of crime more efficient and expeditious and will also help in increasing the conviction rate.
6. The said Bill, inter alia, seeks:—
(i) to define ‘‘measurements’’ to include finger-impressions, palm-print and foot-print impressions, photographs, iris and retina scan, physical, biological samples and their analysis, etc.;
(ii) to empower the National Crime Records Bureau of India to collect, store and
preserve the record of measurements and for sharing, dissemination, destruction and
disposal of records;
(iii) to empower a Magistrate to direct any person to give measurements;
(iv) to empower police or prison officer to take measurements of any person who
resists or refuses to give measurements.
7. The Bill seeks to achieve the above objectives.
NEW DELHI;
The 23rd March, 2022.
AMIT SHAH.MEMORANDUM REGARDING DELAGATED LEGISLATION
Clause 3 of the Bill empowers the Central and State Governments to provide by rules
the manner of taking measurements.
2. Clause 4 of the Bill empowers the Central Government and State Government to
provide by rules the manner of collection, storage and preservation of measurements and sharing, dissemination, destruction and disposal of record by the National Crime Records Bureau.
3. Clause 6 of the Bill empowers the Central Government and State Government to
make rules to provide the manner of taking measurements of persons who may resist or refuse to give such measurements.
4. Clause 8 of the Bill empowers the Central Government and State Government to
make rules on any other matter which is to be prescribed, or in respect of which a provision is to be made.
5. Every rule made under this Act shall be laid, as soon as it is made or issued, before each House of Parliament and State Legislature.
6. The matters in respect of which rules may be made under the aforesaid provisions
are matters of detail and it is not practicable to provide them in the Bill itself. The delegation of legislative powers is, therefore, of a normal character.
The Criminal Procedure (Identity) Bill, 2022 was introduced in the Lok Sabha on March 28, 2022. The Bill replaces the Identification of Prisoners Act, 1920. The Act authorizes the collection of certain identifiable information about specified persons, such as convicts, for investigation. Of crime. The Bill expands the scope of such particulars and the persons whose details can be taken. It authorizes the National Crime Records Bureau to collect, store and protect these details.
Details about convicts and other persons: The Act permits the collection of photographs and specified details about convicts and other persons including finger impressions and footprint impressions. The Bill expands the list of details that can be collected. It will now include:
(i) palm-print impressions,
(ii) iris and retina scans,
(iii) behavioural attributes such as signature and handwriting, and
(iv) other physical and biological samples such as blood, semen, hair samples, and swabs, and their analysis.
Persons whose details may be taken: As per the Act, the following persons may be required to give photographs and specified details:
(i) persons convicted of certain offences (such as offences punishable with a minimum of one year of rigorous imprisonment),
(ii) persons ordered to give security for good behaviour or maintaining peace under the Code of Criminal Procedure, 1973 (CrPC), and
(iii) persons arrested in connection with an offence punishable with at least one year of rigorous imprisonment. The Bill widens the ambit of such persons to include all convicts, arrested persons, as well as persons detained under any preventive detention law. Arrested persons will not be obliged to give their biological samples unless they have committed an offence against a woman or a child, or an offence punishable with a minimum of seven years of imprisonment.
Retention of details: The Bill requires the details collected to be retained in digital or electronic form for 75 years from the date of collection. The record may be destroyed in case of persons who:
(i) have not been previously convicted, and
(ii) are released without trial, discharged, or acquitted by the court, after exhausting all legal remedies. A Court or a Magistrate may direct the retention of details in case of such persons after recording reasons in writing.
Resistance to giving details: As per the Bill, resistance or refusal to give details will be considered an offence under the Indian Penal Code, 1860. In case of such resistance or refusal, police officers or prison officers may collect details in the manner prescribed under Rules made by the state government or the central government.
Persons authorised to collect details: Under the Act, details may be collected by police officers who:
(i) are in charge of a police station,
(ii) conduct investigation under the CrPC, or
(iii) are at least at the rank of a Sub- Inspector.
The Bill permits the collection of details about specified persons by either a prison officer (not below the rank of Head Warder), or a police officer (in charge of a police station, or at least at the rank of a Head Constable). Note that a Head Constable is generally two ranks below a Sub-Inspector.
Powers of Magistrate: Under the Bill, a Magistrate may direct a person to give details for the purpose of an investigation or proceeding under the CrPC. Depending on certain factors (such as the area concerned), the Magistrate may be a Metropolitan Magistrate, a Judicial Magistrate of the first class, or an Executive Magistrate.
Role of the National Crime Records Bureau (NCRB): The Bill empowers NCRB to collect the details about the persons covered under the Bill from state governments, union territory (UT) administrations, or other law enforcement agencies. Other functions of NCRB under the Bill include:
(i) storing and destroying the details about specified persons at the national level,
(ii) processing the details with relevant criminal records, and
(iii) disseminating the details to law enforcement agencies. Further, state governments and UT administrations may notify agencies to collect, preserve and share details about specified persons in their respective jurisdictions.
Rule-making power extended to the central government: The Act vested rule-making power
only in the state government. The Bill extends this power to the central government as well. The central or state government may make rules on various matters, including:
(i) the manner of collecting details, and
(ii) the manner of collection, storage, preservation, destruction, dissemination, and disposal of details by NCRB.
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