The Criminal Procedure (Identification) Bill, 2022 (now Act), that received the President’s assent on April 18 and ‘shall come into force on the day of such notification’, has raised eyebrows. The Act authorises the police and prison authorities to take ‘measurements’ of convicts and others for the purpose of identification and investigation in criminal matters and to preserve records. The allegation is that the Act is unconstitutional and may be subject to misuse. The Act seeks to repeal the Identification of Prisoners Act (IPA) of 1920, whose scope was limited to recording measurements which include finger impressions and footprint impressions of certain convicts and non-convict persons.
Broader scope
While the scope of the ‘measurements’ in the IPA was limited, the Act now includes physical measurements such as finger impressions, palm prints, footprint impressions, photographs, iris and retina scans; biological samples and their analysis; and behavioural attributes including signatures, handwriting; or any other examination referred to in Sections 53 or 53A of the Code of Criminal Procedure (CrPC), 1973.
