Criminal Procedure (Identification) Act, 2022

Published on 10 Feb 2025

The Criminal Procedure (Identification) Act 2022, which replaces the colonial era The Identification of Prisoners Act, 1920, authorizes the law enforcement agencies to collect, store and analyse physical and biological samples of convicts to identify and investigate criminal cases.

Major provisions of Criminal Procedure (Identification) Act,2022

• Collected samples: The law enforcing agency can collect photo, palm print, footprint, fingerprint impressions, iris & retina scan, behavioural attributes signature and handwriting.

• Applicability: Any person convicted, arrested or held under preventive detention is required to provide the measurements.

• Collection process: The magistrate is empowered to direct a person to give measurements for investigation and the police officer is in charge of collection of measurements.

• Depository: National Crime Records Bureau is in charge of storing, preserving and destroying the records at the national level.

• Time period: The records will be retained in digital form for a period of 75 years from the date of collection. 

• Destruction of record: If the person is released without trial or acquitted by the court, provided he has not been previously convicted for any punishable offence.

• Exemption: Allows a person who has been arrested for an offence that is punishable by less than 7 years of imprisonment, and is not an offence against women and children, may not be obliged to allow taking of his biological samples.

Significance of the legislation

• Improve the efficiency of investigation: The investigation can be made more false proof thus increasing the conviction rate.

• Example: As per NCRB, total conviction rate in India is only 57% which could be increased by data driven investigation.

• Adoption of scientific techniques: These modern scientific techniques can limit the use of torture by police and thus leads to more humane treatment.

• Example: Cross checking biological samples gives a solid proof regarding the crime which could limit the use of torture to solve crime.

• Timely delivery of justice: Use of biological samples aids in reducing the investigation and prosecuting time thus providing timely justice.

• Reduce workload for investigating agencies: The police force is already stressed due to increasing workload and the provisions under the law can ease their work without compromising the quality.

• Example: As per Status of Policing in India report, an average work time for a police officer in India is 14 hours. Legislations like these could reduce this workload.

• Prevention of crime: A well-managed database and well-connected security network can reduce the events of crime in the society. 

• To match updated crimes: Crimes have also evolved over years that new techniques are being used to destroy evidence. Hence collection of much broader identification data is key for solving cases.

Concerns with the legislation

• Privacy threat: The collection of data from an accused raises concerns of his privacy as it could be misused in future.

• Duration of storage: The 75-year storage period is considered to be long by the critics of the legislation.

• Mass surveillance: Combining this database with Crime and Criminal Tracking Network Systems opens the possibility for mass surveillance by the government.

• Abuse of power: The security forces will be in a better position to abuse their power as there is limited opportunity for the arrested person to object to collection of measurements.

• Violation of article 20: Questions still persist on the validity of the act and whether the provisions violate the right of a person against self-incrimination.

• No public consultation: There has been no reference being made to a parliamentary committee or a submission is being made for public consultation.

Way forward

• Enhanced Legal Implementation: Besides improved scrutiny and data protection laws, focus on better implementation of existing laws to safeguard privacy.

• Data Protection Legislation: Implement practices involving personal information post the enactment of a robust data protection law with stringent penalties for breaches.

• Expertise and Forensic Facilities: Increase the number of experts, forensic labs, and equipment for thorough crime scene analysis to identify potential suspects.

• Law Enforcement Technology: Restricting law enforcement from using cutting-edge technologies harms crime victims and the nation at large.

Thus, the Criminal Procedure (Identification) Act can indeed improve the efficiency of investigations, but measures must be taken to prevent its misuse. Safeguards must be made to ensure that the data does not threaten privacy or is used for mass surveillance. Exemptions should be provided on justiciable grounds and should strike a balance between Article 20 to make the legislation useful for the public.

Tags:
Security

Keywords:
Internal security legislations Criminal Procedure prisoners act Article 20

Syllabus:
General Studies Paper 3

Topics:
Internal Security