What the draft criminal procedure bill means
NEW DELHI: The Centre on Monday introduced a new draft legislation – the Criminal Procedure (Identification) Bill 2022 – which authorizes law enforcement authorities to collect, store and analyse details, including biometrics, of all convicts and detained persons.
What is the bill about?
The bill makes it mandatory for persons suspected to be involved in a crime, arrested, or detained, to allow police to collect details, including biometrics, and empowers the National Crime Records Bureau of India (NCRB) to collect, store and preserve these records. NCRB will be the main repository of this data and will be able to share it with other agencies, including those in states and Union territories. It will also have the power to destroy and dispose of the records. It can retain such data for 75 years in digital or electronic form.
The details law enforcement will be able to capture following passing of this bill include finger impressions, palm print impressions, footprint impressions, photographs, iris and retina scans, physical and biological samples and their analysis, behavioural attributes, including signatures, handwriting or any other examination referred to in section 53 or section 53A of the CrPC, 1973.
Resistance or refusal to allow the collection of data under this proposed law shall be deemed to be an offence under section 186 of the Indian Penal Code.
How does this data differ from one collected under Aadhaar?
Similar biometric data is already collected across the country by the Unique Identification Authority of India to issue Aadhaar numbers. However, as per section 29 of the Aadhaar Act, the data cannot be used or shared for criminal investigation purposes. Hence, the government had to bring a separate law in this regard.
Which countries collect such data?
The Federal Bureau of Investigation of the US uses Electronic Biometric Transmission Specification, which includes biometric collection such as palm prints, and facial and iris scans. A few other western countries also collect similar data, mainly for terrorism related cases, a law enforcement officer who didn’t want to be named said.
BILL MANDATES CRIME SUSPECTS, THOSE ARRESTED, OR DETAINED, TO ALLOW POLICE TO COLLECT DETAILS, INCLUDING BIOMETRICS
What is government’s argument about the need for this law?
While introducing the draft legislation, junior home minister Ajay Mishra Teni said it will help in increasing the conviction rate. The Centre said the existing law has limited scope as it allowed recording of finger and footprint impressions of limited category of convicted and non-convicted persons on the order of a magistrate.
Why is opposition against the bill?
The opposition parties believe it is unconstitutional.
Congress leader Adhir Ranjan Chowdhury said the bill seeks to empower police and courts to take measurements of under trials and those who are merely suspected to be involved in a case, which violates Article 21 of the Constitution, which guarantees the right to life and liberty.
What do the police say?
Neeraj Kumar, retired Indian Police Service officer and former Delhi Police Commissioner, said: “This was much awaited. Not only it will help in tracing criminals, particularly habitual offenders, quickly on the basis of various parameters available in a central repository accessible to all police stations, but it will also provide a robust evidence management.”