Relevance: GS-3: Government Policies and Interventions for Development in various sectors and Issues arising out of their Design and Implementation.

Key Phrases: Behavioral Attributes, Section 53, Section 53A of CrPC, Project 39A, S. Puttaswamy Case.

Why in News?

• The Lok Sabha on Monday passed the Criminal Procedure (Identification) Bill, 2022 which enables investigating officers to collect the biometric details of prisoners.
• The Bill proposes to allow police collect finger impressions, palm prints impressions, footprint impressions, photographs, iris and retina scans, physical and biological samples.
• It also proposes collection of behavioral attributes including signatures, handwriting or any other examination referred under Section 53 or Section 53A of CrPC.
• Project 39A's Forensics Team has also released a comprehensive report titled 'An Analysis of the Criminal Procedure (Identification) Bill, 2022' that assesses the constitutional, regulatory, and scientific issues arising from the Bill as well as the administrative aspects of implementing the Bill.

Key Features

• The proposed Bill replaces the Identification of Prisoners Act, 1920.
• The Bill expands the list of details that can be collected. It will now include:
  • Palm-print impressions, iris and retina scans, behavioral attributes such as signature and handwriting, and other physical and biological samples such as blood, semen, hair samples, and swabs, and their analysis.
• It also seeks to apply these provisions to persons held under any preventive detention law.
• The National Crime Records Bureau (NCRB) will be the repository of physical and biological samples, signature and handwriting data that can be preserved for at least 75 years.
• It also empowers NCRB for sharing, dissemination, destruction and disposal of records.
• The record may be destroyed in case of persons who:
  • Have not been previously convicted, and
  • Are released without trial, discharged, or acquitted by the court, after exhausting all legal remedies.
• A Court or a Magistrate may direct the retention of details in case of such persons after recording reasons in writing.
• It also authorizes for taking measurements of convicts and “other persons” for identification and investigation in criminal matters.
• It doesn’t define the “other persons” implying its ambit beyond convicts, arrested persons, or detainees.
• Police personnel up to the rank of Head Constable have been authorized to record the measurements.
• It also enables NCRB to share the records with any other law enforcement agency.
• As per the Bill, resistance or refusal to give details will be considered an offense under the Indian Penal Code, 1860.
• In case of such resistance or refusal, police officers or prison officers may collect details in the manner prescribed under Rules made by the state government or the central government.
• A Magistrate may direct a person to give details for the purpose of an investigation or proceeding under the CrPC.
• The Act vested rule-making power only in the state government, while the Bill extends this power to the central government as well.
• The central or state government may make rules on various matters, including:
  1. The manner of collecting details, and
  2. The manner of collection, storage, preservation, destruction, dissemination, and disposal of details by NCRB.

Advantages:

• Details using modern technologies Ensuring Accuracy:
  • The Act permits the collection of specified details about convicts and other persons including finger impressions, footprint impressions, palm-print impressions, iris and retina scans and other samples such as blood, semen etc. and ensuring accuracy.
• Maintaining authenticity of data:
  • The details collected to be retained in digital or electronic form for 75 years from the date of collection.
  • It may be destroyed in case of persons not been previously convicted or discharged.
• Powers to Magistrate:
  • A Magistrate may direct a person to give details for the purpose of an investigation or proceeding under the CrPC.
• Ensuring synergy in operations across States:
  • By Empowering National Crime Records Bureau (NCRB) to collect details about the persons from state governments, union territories, or other law enforcement agencies. Thus, ensuring synergy in operation.
• Select category of convicts can be compelled by Police:
  • While the police can collect data from any person, only a select category — such as convicts, those under preventive detention, those required to submit a surety bond — can be compelled by the police.

Challenges:

• Against Fundamental Rights:
  • Bill falls foul of the fundamental right to equality, the right against self-incrimination, and the right to privacy (S. Puttaswamy Case) enshrined in Articles 14, 20(3), and 21 of the constitution.
• Blanket provisions:
  • The Bill allows police to collect samples not only from convicts but also those arrested or detained under any preventive detention law.
• No Standard Norms for Collection:
  • No standardized norms for collection are prescribed, leading to important concerns of quality management.
• Lack of Clarity on Usage:
  • The Bill prescribes no limitations on the use of the data collected and the term "analysis" is left undefined.
  • The Report argues that the lack of clarity in the collection and usage of the 'measurements' heightens the possibilities of misuse, particularly of biological samples and their analysis.
• Ambiguity on Minors Data Collection:
  • The Bill leaves some ambiguity on data collection for minors between 16 to 18 years, who cannot consent to collection of personal data but can be tried for serious offences.
• No proper Storage, Sharing Policy/Law:
  • Lack of adequate restriction on storage, sharing, or usage of the collected data. For example, the US system have strong protocols in place.
• Absence of Data Protection Framework:
  • In the absence of a data protection framework, the proposed law raises questions on protecting rights of the data principal and on the risks of profiling.

Sources: The Hindu  Indian Express  PRS India

Mains Question:

Q. Recently Criminal Procedure (Identification) Bill has been passed in Lok Sabha. In this context discuss the important features of the bill and also state its advantages as well as disadvantages?