Criminal Procedure

Friends, you must have read in the print media about the new ‘The Criminal Procedure (identification) Bill, 2022.’ This bill has been introduced in Parliament two days back. As usual, the discussion has started in the media about the pros and cons of this bill. This bill replaces the Identification of Prisoners Act, 1920. The salient features of this bill are as follows:

• The Act authorizes the collection of certain identifiable information about specified persons such as convicts for the investigation of crime. The bill expands the ambit of such details, persons whose details can be taken. It authorizes the National Crime Records Bureau to collect, store, and preserve these details.
• Details about convicts and other persons- The Act permits the collection of photographs and specified details of 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 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 a punishable offence with at least one year 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 the case of persons who: (i) have not been convicted, and (ii) are released without trial, discharged, or acquitted by the court, after exhausting all legal remedies.
• Resistance to giving details- As per the Bill, resistance or refusal to give details will be considered an offence under the Indian Penal Code. In case of such resistance or refusal, police officers may collect details in the manner prescribed under Rules made by State or the Central Govt.
• Persons authorized to collect details- Under the Act, details may be collected by police officers who; (i) are in charge of the police station, 9ii) conduct investigation under CrPc, or (ii) or at least rank of 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 the police station, or at least at the rank of Head Constable).
• Powers of Magistrate- Under the Bill, a Magistrate may direct a person to give details for the purpose of an investigation or proceeding under CrPc. Depending upon 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 govts, Union territory (UT) administration, 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, 9ii) processing the details with relevant criminal records, and (iii) disseminating the details to law enforcement agencies. Further, state govts, UT administrations may notify agencies to collect, preserve and share details about specified persons in their respective jurisdictions.
• Rulemaking power extended to the Central govt- The Act vested rulemaking power only in the state govt. The Bill extends this power to the central govt as well. The central or state govt may make rules on various matters, including ; (i) the manner of collecting details, and (ii) the manner of collection, storage, preservation, destruction, dissemination, and physical details by NCRB.

This in nutshell is the details of The Criminal Procedure(Identification) Bill 2022. The Bill on paper looks very good, and its intention can not be doubted. As the Bill is trying to follow the criminal procedures standards of many developed countries, with proven results. The only shortfall, which may not be liked by many political parties and activists that it is giving immense powers to police officers, and knowing about the widespread corruption prevailing in the police department, there is apprehension that it may give more powers to police officers, that can be used in many ways to extract bribes, leading to corruption. The Bill lacks the provision, and has not provided enough checks and balances to prevent abuse of its provisions by police to harass or implicate innocent persons. The Bill’s bet on big data to increase the conviction rate is more desirable. But this Act to succeed, all the state govts and UT administrations have to upgrade their police forensic technology at the level of all police stations.

It is almost certain that this Bill will be passed by both houses of Parliament, as there is a majority available to present central govt in both houses.

Waiting for your views on this blog.

Anil Malik

Mumbai, India

30^th March 2022.