Criminal Procedure (Identification) Act 2022
Source : PRS India
GS II : Governance

What is discussed under Criminal Procedure (Identification) Act 2022?

1. About the Act
2. How it helps

Why in News ?

Recently, the Criminal Procedure (Identification) Act which was passed by the Parliament and came into force.

Key Facts

Criminal Procedure (Identification) Act 2022

• • Identification of Prisoners Act, 1920 allows police officers to collect certain identifiable information (fingerprints and footprints) of persons including convicts and arrested persons.
  • In March 2003, the Expert Committee on Reforms of the Criminal Justice System recommended amending the 1920 Act to empower the Magistrate to authorise the collection of data such as blood samples for DNA, hair, saliva, and semen.
  • Criminal Procedure (Identification) Bill, 2022 was introduced in Lok Sabha on March 28, 2022.
  • The Bill seeks to replace the Identification of Prisoners Act, 1920.

Key Features of the Act

• • The Act expands
    1. The type of data that may be collected
    2. Persons from whom such data may be collected
    3. Authority that may authorise such collection.

       

  • It also provides for the data to be stored in a central database.
  • Under both the 1920 Act and the 2022 Bill, resistance or refusal to give data will be considered an offence of obstructing a public servant from doing his duty.
  • Data permitted to be collected
    • Fingerprints, foot-print impressions, photographs
  • Persons whose data may be collected
    • Convicted or arrested for offences punishable with rigorous imprisonment of one year or more.
    • Persons ordered to give security for good behaviour or maintaining peace.
    • Magistrate may order in other cases collection from any arrested person to aid criminal investigation.
  • Persons who may require/ direct collection of data
    • Investigating officer, officer in charge of a police station, or of rank Sub-Inspector or above.
    • Magistrate
  • The National Crime Records Bureau (NCRB) will be the central agency to maintain the records.
  • Retaining or Data Deletion 
    • Data collected will be retained in digital or electronic form for 75 years.
    • Records will be destroyed in case of persons who are acquitted after all appeals, or released without trial.
    • However, in such cases, a Court or Magistrate may direct the retention of details after recording reasons in writing.

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