Mirza & Associates, Advocates & Attorneys

The Criminal Procedure (Identification) Bill, 2022  was passed on April 6, 2022, with the goal of making the criminal investigation more effective and timely through the use of modern technology. It intends to allow for the collecting, storage, and analysis of biometric samples from convicts and all those who are involved in any kind of criminal affairs. This bill seeks to repeal and replace the Identification of Prisoners Act, of 1920.

Practical Difficulties Being Faced Before this Bill

This bill is based on the recommendations of the 87th Report of Law Commission of India which was made in order to have a fresh look at the Act and to revise it so as to make it correspond with the modern trends in the criminal investigation. An amendment to the Identification of Prisoners Act, 1920 was also prescribed by the Supreme Court in the judgment of the State of U.P. vs Ram Babu Misra (1980) which held that in the absence of any specific provision, the Magistrate could not direct the accused person to give his specimen signatures and writing samples. The Court suggested that suitable legislation may be made on the analogy of  Section 5 of the Identification of Prisoners Act, to provide for the investiture of Magistrates with the power to issue directions to any person, including an accused person, to give specimen signature and writings.

Such criticism and the need for the amendment were predominantly in respect of the limited definition of ‘measurements’ as under that Act. Due to such challenges being faced by the Indian Judicial System, it was the need of the hour that the entire Act of 1920 needed to be reviewed.

Requirement For The Implementation of Said Bill

This bill was passed with the view of keeping the new tactics in mind which were required to combat next-generation crimes and increase the conviction rates. The Bill’s goals were to improve forensic capability and gather scientific evidence, as well as to eliminate third-degree procedures used against persons accused of crimes.

The bill widens the type of information that can be gathered to include biometrics, as well as physical and biological samples. Expanding the “ambit of persons” who may be measured will assist investigating agencies in gathering enough legally admissible evidence to show the accused person’s offence.

What Exactly Does the Bill Say?

This bill has been implemented to replace the Identification of Prisoners Act, 1920, which authorized police officers to acquire some identifiable information (fingerprints and footprints) from those who have been detained or convicted.

Now, the current bill expands:

• The type of information that can be gathered
• Persons from whom such information could be gathered
• The authority that has the power to order such gathering of data

The bill proposes allowing police to gather fingerprints, palm prints, footprints, pictures, iris and retina scans, as well as physical and biological samples. It also recommends collecting behavioural characteristics such as signatures, handwriting, or any other test referred to under Section 53 or Section 53A of CrPC. The measurements must be kept for a period of 75 years from the time they were taken.

Therefore, the bill allows for the collecting of some personally identifiable information about persons in the course of criminal investigations. It further states that resisting the taking of measurements is a crime under Section 186 of the Indian Penal Code (obstructing a public official), punishable by a three-month jail sentence, a fine of up to Rs 500, or both.

How Is It Going To Be Helpful Tor The Adjudication and Investigation of The Matters?

Criminal Procedure (Identification) Bill, 2022  is believed to reduce the threat of identity theft and identity fraud from organised crime, cybercriminals, and terrorists. The bill will aid in the prevention of severe national and international risks posed by them. This is a ground-breaking piece of legislation because it is the first time the Identification of Prisoners Act, 1920 has been amended in over a century.

According to the Bill’s stated objectives, it is reasoned that it is necessary to provide for the capture and recording of body measurements for the unique identification of a person involved in any crime, which will aid investigating agencies in solving criminal cases, due to the advancement of technology and modern techniques. It is expected to put us on a level with other advanced nations.