Rules Governing Criminal Procedure (Identification) Act, 2022 Notified

The Criminal Procedure (Identification) Act 2022 empowers a Magistrate to direct any person to give measurements, which till now was reserved for convicts and those involved in heinous crimes.

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Criminal Procedure (Identification) Act, 2022 in News

The Ministry of Home Affairs (MHA) notified the rules governing The Criminal Procedure (Identification) Act, 2022.

Criminal Procedure (Identification) Act, 2022

Background: Criminal Procedure (Identification) Act, 2022 was passed in March 2022 by the Parliament.
About: Criminal Procedure (Identification) Act seeks to repeal the Identification of Prisoners Act, 1920, which is over 100-years-old.
Need: The old Act’s scope was limited to capturing of finger impression, foot-print impressions and photographs of convicted prisoners and certain category of arrested and non-convicted persons on the orders of a Magistrate.
- The Statement of Objects and Reasons of the bill said that new ‘‘measurement’’ techniques being used in advanced countries are giving credible and reliable results and are recognised world over.
- It said that the 1920 Act does not provide for taking these body measurements as many of the techniques and technologies had not been developed then.

Key Features of Criminal Procedure (Identification) Act, 2022

Eligible Authority: The Act empowers a Magistrate to direct any person to give measurements, which till now was reserved for convicts and those involved in heinous crimes.
- It also enables the police upto the rank of a Head Constable to take measurements of any person who resists or refuses to give measurements.
Data Repository: The National Crime Records Bureau (NCRB) under MHA will be the one-stop agency for storing and preserving the data of arrested persons.
- The State governments can also store the data, but it shall provide compatible application programming interfaces for sharing the measurements or record of measurements with the NCRB.
Deletion of Records: The procedure for destruction and disposal of records are yet to be specified by the NCRB.

Rules Governing Criminal Procedure (Identification) Act, 2022

Definition of Measurement: As per the Criminal Procedure (Identification) rules 2022, “measurements” include-
- Finger-impressions, palm-print, footprint, 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 (2 of 1974).
DNA Profiling: Though it has not been specified, analysis of biological samples could also include DNA profiling.
Preventive Detention: The notified rules state that samples of those detained under preventive Sections of the CrPC shall not be taken unless such person is charged or arrested in connection with any other offence punishable under any other law.
- Above will be applicable on Preventive Sections such as 107, 108, 109, 110, 144, 145 and 151 of the CrPC.
Data Collection: The rules state that the NCRB will issue Stand SOP for collection of measurements which would include specifications of the equipment or devices to be used, specifications and the digital and physical format of the measurements etc.
- In case any measurement is collected in physical form or in a non-standard digital format, it shall be converted into standard digital format and thereafter uploaded in the database as per the SOP.
- Only authorised users could upload the measurements in the central database in an encrypted format.
Destruction of Records: The rules state that any request for destruction of records shall be made to the Nodal Officer who is to be nominated by the respective State Government.
- The nodal officer will recommend the destruction after verifying that such record of measurements is not linked with any other criminal cases.