BREAKING| Parliament Passes Criminal Procedure (Identification) Bill 2022 Allowing Collection Of Prisoners' Biometrics

The Bill proposes to allow Police to collect finger impressions, palm prints impressions, footprint impressions, photographs, iris and retina scans, physical and biological samples. It also proposes the collection of 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 present regime, the Police are permitted to take finger and footprint impressions of a limited category of convicts and non-convicted persons.

During the discussion today, Congress MP P. Chidambaram dubbed the Bill as "dangerous", leading to "involuntary confession" and is violative of Article 20 and 21. He said that it overlooks the Supreme Court's decisions in Selvi v. State of Karnataka, 2010 which prohibited administration of Narco Analysis, Polygraph Test and Brain Mapping as being violative of Privacy. It is also contrary to the judgment in Justice KS Puttaswamy v. Union of India, which recognized the right to privacy as a fundamental right.

He further pointed out that the DNA Technology (Use and Application) Regulation Bill has been kept pending since 2019. There are also provisions under CrPC for the identification of prisoners. Thus, it is not clear why the instant Bill has been introduced.

"I deeply regret to say that when a Bill like this is moved and passed in this house, we are breaking the Constitution everyday...Several suggestions were made in Lok Sabha to amend the Bill, to refer it to a Standing Committee or Select Committee but not one suggestion was accepted by the government. The Bill has been passed as it is introduced...There is no scientific basis to presume that any measurement, including handwriting, fingerprints is unique to a person."

Referring to Section 3 in the Bill, he said, any person who has been convicted of an offence punishable under any law, shall, allow his measurement to be taken by the Police. "So, even if a person is convicted of an offence for which the punishment is Rs. 100, this law applies...I am not talking about heinous crimes, I am talking about simple laws like order to give good behaviour."

Furthermore, he pointed out that "law enforcement agency" which has been empowered under Section 4 to collect and retain the record of measurements has not been defined. "Panchayat enforces Panchayat Act, Health Inspector enforces Food and Drugs Act. So, panchayat is a law enforcing agency? Anyone who implements the law, will get these measurements if they ask. Is this the intention?"

Union Home Minister Amit Shah said that new techniques are essential to tackle new-generation crimes and enhance conviction rate. Responding to the concerns expressed by some members, the Home Minister said 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. National Crime Records Bureau (NCRB) will be accountable for storage and maintenance of the records.

BJP MP Mahesh Jethmalani, also a Senior Advocate, said that the language of the Bill in no way protects Narco Analysis, Polygraph Test and Brain Mapping, as these are neither physical nor biological attributes of a person. He added that the Supreme Court's Puttaswamy judgment is replete with references that in case of detection of crime, the right to privacy stands excluded.