Criminal Procedure (Identification) Act, 2022-The Hindu-12-08-2022

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CONTEXT :

 

The Criminal Procedure (Identification) Act, 2022 provides a legal sanction to law enforcement agencies for “taking measurements of convicts and other persons for the purposes of identification

and investigation of criminal matters”.

 

The criminal Procedure (Identification) Bill was introduced in  Loksabha on 28 march 2022 and the bill becomes Act after being passed by both houses of Rajya Sabha on 4,6 April 2022.

 

It also repeals the existing Identification of Prisoners Act, 1920.

What is The Criminal Procedure (Identification) Act?

 

The Criminal Procedure (Identification) Act, 2022 provides a legal sanction to law enforcement

agencies for “taking measurements and photographs of convicts and other persons for the purposes of identification

and investigation of criminal matters.

 

What is the Purpose of taking Measurements and Photographs?

 

Three main purposes.

1. 
   

   To establish the identity of the culprit against the person being arrested, 

   
   


2. 
   

   To identify suspected repetition of similar offences by the same person and

   
   


3. 
   

    To establish a previous conviction.

   
   

 

Identification of Prisoners Act, 1920

 

Even though the police have powers of arrest, a mere arrest does not give them the right to

search a person. The police require legal sanctions to search the person and collect evidence.

The Identification of Prisoner Act,1920 states that “the value of the scientific use of finger impressions and photographs as agents in the detection of crime and identification of criminals is well known”.

 

Why there is a need to replace The Identification Act, of 1920?

 

1. 
   

   In 1980, the 87th Report of the Law Commission of India propose an amendment to expand the scope of measurements to include “palm impressions”, “specimen of signature or writing” and “specimen of voice”.

   
   


2. 
   

   In 1980, in the State of UP vs Ram Babu Misra case, where the Supreme Court

   
   

recommendations raised the need of allowing measurements to be taken for proceedings other than those under the Code of Criminal Procedure (CrPC).

 

Feature of Criminal Procedure (Identification) Act, 2022

 

1. 
   

   Provides legal sanctions to law enforcement agencies for the collection of measurements.

   
   


2. 
   

   To create a useable database of these measurements.

   
   


3. 
   

   Centralization of criminal data to collect and preserve this database of measurements, at the national level, the National Crime Records Bureau (NCRB) is the designated agency to manage, process, Share and disseminate the records collected at the State level.

   
   


4. 
   

   To reduce duplicacy of the record of the convict.

   
   

The concern of the Criminal Procedure (Identification) Act, 2022

 

1. 
   

   Legislation has raised some concerns related to the protection of fundamental rights.

   
   


2. 
   

   Violation of the Right to Privacy of Individual.