HUMAN RIGHTS AND THE CRIMINAL PROCEDURE (IDENTIFICATION) ACT, 2022: A CRITICAL ANALYSIS

Abstract

Repealing the Identification of Prisoners Act, 1920, the parliament has enacted the Criminal Procedure Identification Act, 2022, to replace it. The objective of the Act is to make the criminal investigation effective and efficient by allowing the easy identification of the persons concerned through their measurements recorded and stored in the repository of the National Crime Records Bureau (NCRB). The Act allows the police officer or head warder of the prison to take measurements of the person convicted or arrested. Such measurements are to be stored in the repository of the NCRB for 75 years from the date of collection. Resisting or refusing to give measurements is penalised under Section 186 of the Indian Penal Code. The Act defines 'measurements' as a very broad term that not only includes iris and retina scans but also encompasses personal data including behavioural attributes and biological samples that also allows the taking of biological samples for DNA extraction. Using an inclusive definition of 'measurements' without defining the critical terms such as biological samples and behavioural attributes permit the investigating agencies to misuse the law and infringe upon human rights. The Act has also been criticised as being arbitrary and disproportionate, infringing on the fundamental rights enshrined in the Constitution. The absence of laws such as the Data Protection Law and the pending DNA Technology (Use and Application) Regulation Bill, 2019 further makes the situation complex by allowing the government to act whimsically. Therefore, the researcher decides to undertake the present research to critically examine the Criminal Procedure Identification Act, 2022, on the touchstone of human rights and to address the legal lacunae of the Act.