President Gives Assent To Criminal Procedure (Identification) Act & Delhi Municipal Corporation Amendment Act

The President of India has given assent to the Delhi Municipal Corporation Amendment Bill, 2022 to merge the three municipal corporations in the national capital, and the Criminal Procedure (Identification) Bill, 2022 to enable investigating officers to collect the biometric details of prisoners.

About the Acts

The Delhi Municipal Corporation Amendment Act amends the Delhi Municipal Corporation Act, 1957 and unifies South Delhi Municipal Corporation (SDMC), North Delhi Municipal Corporation (NDMC) and East Delhi Municipal Corporation (EDMC) into the "Municipal Corporation of Delhi", which is under the control of the Central government. The unified corporation will not have more than 250 seats.

It may be noted that the three bodies, trifurcating the Municipal Corporation of Delhi, were created in 2011 with the passing of Delhi Municipal Corporation Amendment Act by the legislative assembly of Delhi. This is why, the Opposition has criticized the legislation, alleging that it disrupts cooperative Federalism.

However,Home Minister Amit Shah claimed that the Centre has special powers under Article 239AA to add, amend, vary or repeal any law so made by the Legislative Assembly.

Read further debate here.

The Criminal Procedure (Identification) Act allows Police to collect finger impressions, palm prints impressions, footprint impressions, photographs, iris and retina scans, physical and biological samples. It also permits the authorities to collect behavioural attributes including signatures, handwriting or any other examination referred under Section 53 or Section 53A of CrPC.

The record of measurements shall be retained for a period of 75 years from the date of collection.

Under the erstwhile regime, the Police were permitted to take finger and footprint impressions of a limited category of convicts and non-convicted persons. The Opposition thus alleged that the legislation threatens the right to privacy of those who are indicted in the criminal justice system and is violative of Articles 20 and 21 of the Constitution.

Union Home Minister Amit Shah said that new techniques are essential to tackle new-generation crimes and enhance conviction rate. Responding to the concerns, he clarified that the provisions will be used only in the cases of heinous crimes and corresponding clarifications will follow in the Rules. He also assured that the data will not be made available to the Police agencies. Furthermore, he assured that the law does not permit Narco Analysis, Polygraph Test and Brain Mapping, which were prohibited by the Supreme Court in Selvi v. State of Karnataka.

Read further debate here.

Read Delhi Municipal Corporation Amendment Bill, 2022 Here

Read Criminal Procedure (Identification) Bill, 2022 Here