THE CRIMINAL PROCEDURE (IDENTIFICATION) ACT, 2022

The Criminal Procedure (Identification) Act, 2022 was passed by the President on 18^th April, 2022 has come into force from 4^th August, 2022. This act basically authorizes taking measurements of convicts and other persons for the purposes of identification and investigation in criminal matters and to preserve records.The typical question is what are these measurements? So, the answer has been given in Section 2 (1) (b) of this Act that “measurements” includes finger-impressions, palm-print impressions, foot-print impressions, photographs, iris and retina scan, physical, biological samples and their analysis, behavioural attributes including signatures, handwriting or any other examination referred to in section 53 or section 53A of the Code of Criminal Procedure, 1973. Thisact allows to take measurement of the persons who have been convicted of an offence punishable under any law or arrested in connection with an offence or detained under preventive detention law by a police officer or a prison officer as per directed or prescribed by the Central or State Government. We also get an exception for the same that if a person has not committed an offence against a woman or a child which is punishable with imprisonment for a period not less than seven years then they may not be obliged to allow taking of their biological samples. What all National Crime Records Bureau (NCRB) can do under this act? The answer is simple. NCRB can collect the record of measurements, it can store, preserve and destroy the record of measurements at national level, it can process such record with relevant crime and criminal records and can share such records with any law enforcement agency. All the record of measurements will be retained in an electronic form for a period of 75 years from the date of collection of such measurement which is really a long period of time to preserve. But here we got another exception for this one that If someonehas not been previously convicted of an offence punishable under any law with imprisonment for any term, has had his measurements taken according to the provisions of this Act, is released without trial or discharged or acquitted by the court, after exhausting all legal remedies, all records of measurements so taken shall, unless the court or Magistrate, for reasons to be recorded in writing otherwise directs, be destroyed from records. SO, THIS MEANS IT WILL BE DESTROYED FROM THE RECORD WHICH WILL DEFINITELY BE A RELIEF FOR THE PEOPLE WHO ARE SCARED FOR THE PRIVACY ISSUES.The Magistrate also got a huge power that if he is satisfied that measurements are needed for the purpose of any investigation or in proceedings of CRPC, 1973, then he shall allow the measurements of that person to be taken in conformity with such directions provided in the order. The most important part of this Act is that this Act is in replacement of The Identification of Prisoners Act, 1920.

Adv Lakshita Bakshi