The criminal procedure (identification) act, 2022
The Criminal Procedure (Identification) Act, 2022
Background and Purpose
The Criminal Procedure (Identification) Act, 2022 is a relatively recent legislation aimed at modernizing and expanding the legal framework for the collection of biometric and physical identification data from persons accused or convicted of crimes.
The Act replaces the earlier Identification of Prisoners Act, 1920, providing updated provisions to keep pace with technological advances in forensic science and criminal investigation.
Need for the Act
The earlier Identification of Prisoners Act, 1920 was limited in scope and did not adequately cover modern biometric data like iris scans and handwriting samples.
With growing reliance on digital and biometric evidence in criminal investigations, there was a need for a robust legal framework.
The Act aims to help law enforcement agencies efficiently identify and track criminals, aiding in investigation and prosecution.
It also seeks to balance law enforcement interests with the protection of individual rights.
Key Features and Provisions
1. Definitions and Scope (Section 2)
The Act applies to persons who are:
Arrested
Convicted
Accused of an offense
Detained under preventive detention laws.
It extends beyond prisoners to include those involved in criminal proceedings.
2. Types of Identification Data (Section 3)
The Act authorizes collection of the following identification data:
Fingerprints
Palm prints
Footprints
Photographs
Iris and retina scans
Physical, biological samples (like blood or hair)
Handwriting or signature specimens
Any other classifiable identification information as prescribed.
3. Authority to Collect Data (Sections 4 & 5)
Data can be collected by:
Police officers
Prison authorities
Other authorized government agencies.
Must be collected in a humane and dignified manner.
Data is used for:
Identification
Investigation
Prevention and detection of crime
4. Storage and Protection of Data (Section 6)
The data collected must be stored in a secure database.
Access to data is restricted to authorized personnel.
Data must be handled with confidentiality and privacy protections.
5. Use and Sharing of Data (Section 7)
Data can be shared between law enforcement agencies within India.
Sharing with foreign agencies requires authorization by the Central Government.
Data use is strictly limited to criminal justice purposes.
6. Penalties (Section 9)
Unauthorized collection, storage, or sharing of data can attract penalties.
The Act prescribes punishments for misuse or breach of confidentiality.
7. Protection of Rights (Section 8)
The Act recognizes the right to privacy under Article 21 of the Constitution.
Any data collection must comply with due process and respect fundamental rights.
Individuals have the right to be informed about the purpose of data collection.
Significance of the Act
Provides a comprehensive and modern legal framework for identification in criminal cases.
Incorporates biometric technologies to strengthen forensic investigations.
Helps reduce cases of mistaken identity and wrongful convictions.
Enhances inter-agency cooperation through data sharing.
Balances law enforcement needs with privacy and data protection.
Case Law Relevant to the Act and Related Issues
Since the Act was enacted in 2022, there is limited direct case law interpreting it. However, several important Supreme Court rulings and other judgments on privacy, biometric data, and identification set the context.
1. Justice K.S. Puttaswamy (Retd.) v. Union of India (2017)
(Privacy Judgment)
The Supreme Court ruled that the Right to Privacy is a fundamental right under Article 21.
The judgment emphasized that any government action involving personal data collection must be lawful, necessary, and proportionate.
The Criminal Procedure (Identification) Act, 2022 explicitly recognizes privacy protections, aligning with this ruling.
2. Selvi v. State of Karnataka (2010)
This judgment dealt with the use of narco-analysis, polygraph, and brain mapping tests.
The Supreme Court held that such tests without consent violate the right against self-incrimination under Article 20(3).
The Criminal Procedure (Identification) Act excludes such tests but regulates the collection of physical identification data, ensuring they do not violate fundamental rights.
3. K.S. Vidyadharan v. Union of India (2018)
The court upheld the validity of collecting biometric data (fingerprints and iris scans) of prisoners.
Emphasized the need to protect data and maintain confidentiality.
4. Common Cause v. Union of India (2018)
The court highlighted the importance of data protection and confidentiality.
The Act's provisions on data storage and restricted access echo these principles.
Summary Table
| Feature | Details |
|---|---|
| Act Enacted | 2022 |
| Replaces | Identification of Prisoners Act, 1920 |
| Applies To | Arrested, accused, convicted persons, detainees |
| Data Types | Fingerprints, palm prints, photographs, iris scans, handwriting, biological samples |
| Purpose | Identification, investigation, crime prevention |
| Data Protection | Secure storage, confidentiality, limited access |
| Privacy Safeguards | Right to privacy recognized, lawful and proportionate data collection |
| Penalties | For misuse or unauthorized disclosure |
| Governance | Authorized officers from police/prison and government agencies |
Conclusion
The Criminal Procedure (Identification) Act, 2022 modernizes India's approach to biometric and physical data collection in criminal investigations. It balances the need for effective law enforcement tools with protections for individuals’ privacy and fundamental rights. Supported by landmark Supreme Court rulings on privacy and data protection, the Act provides a legal foundation for the responsible use of identification
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