- The Rajya Sabha has passed the Criminal Procedure (Identification) Bill, 2022 which would enable investigating officers to collect the biometric details of prisoners. The Bill was passed in the Lok Sabha on 4th April.
- The Bill proposes to allow police to collect fingerprints, palm print impressions, photographs, iris and retina scans, physical and biological samples. The Bill also proposes to collect other behavioural attributes including signatures, handwriting or any examination referred under section 53 and 53A of CrPC.
- Section 6(2) of the Bill also provides that any resistance offered to the police in collecting the biometrics will be punishable under section 186 IPC attracting an imprisonment of three months and a fine upto Rs.500.
- Section 4(2) of the Bill states that the records will be maintained for a period of 75 years from the date of the collection.
- Section 5 of the Bill states that if the Magistrate is satisfied that for the purpose of an investigation under CrPC or any other law, it is expedient to direct any person to give his measurement under the Bill, the Magistrate may make an order to that effect and it is mandatory for the person to allow the taking of his measurements in accordance with the order of the Magistrate.
- In the discussion which ensued in the Rajya Sabha, the opposition leader P. Chidambaram called the Bill ‘dangerous’ and violative of Articles 20 and 21. He also said that it was violative of the right to privacy which has been held to be a fundamental right in Justice KS Puttaswamy vs Union of India. In addition to this, the said that the Bill was opposed to the Apex Court’s decision in Selvi vs State of Karnataka where narco analysis, brain mapping and other such techniques were held to be violative of the right to Privacy.
- It was also pointed out that there were provisions in CrPC which deal with identification, and that it isn't clear why this Bill was introduced at all. Mr Chidambaram was also of the view that when Bills like these are passed in the Parliament, this leads to a blatant violation of the Constitution. He also said that various suggestions were given in the Lok Sabha to amend the Bill, to refer it to the Standing Committee etc. but none of them were agreed to by the Government. The Bill was passed as it was introduced and there is no scientific evidence to suggest that any of the measurements, including handwriting and finger impressions, are unique to any individual.
- Home Minister Amit Shah said that these new techniques were essential in solving crimes and increasing the conviction rate. Addressing the concerns of the fellow members, Shah explained that the provisions of the Act would only be used in cases of heinous offences and assured that the data will not be made available to Police agencies. The National Crime Records Bureau will be responsible for the storage and maintenance of the records, as is provided in section 4.
- BJP MP Mahesh Jethmalani also stated that the decision of the Apex Court in the Puttawamy judgement is filled with references where the Court has held that in cases of detection of crimes, the right to privacy stands excluded.
- The government has also clarified that persons who are not convicted of crimes against women or children or are in custody for an offence which is punishable with imprisonment of less than 7 years can deny permission to give their biological samples. The same has been provided in the proviso to section 3 of the Bill.
- This Bill has also repealed the Identification of Prisoners Act, 1920.
- While the opposition may call this Bill a violation of the Constitution (no surprises there!), it would go a long way to secure convictions of repeat offenders and would certainly increase the conviction rate. This Bill is a necessity of the modern times and if implemented, would help the law enforcement agencies in proper investigation of crimes.
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