The Criminal Procedure (Identification) Bill, 2022, was approved by the Lok Sabha on Monday, allowing investigating officers to acquire biometric information from convicts.
The Bill proposes that police officers be allowed to collect fingerprints, palm prints, footprint imprints, pictures, iris and retina scans, physical and biological samples. It also suggests collecting behavioural characteristics such as signatures, handwriting, or any other test referred to in Section 53 or Section 53A of the CrPC.
Under the current framework, the police are allowed to take fingerprint and footprint imprints of a restricted number of convicted and non-convicted individuals.
During today's meeting, Union Home Minister Amit Shah stated that new tactics are required to combat next-generation crimes. Responding to certain members' concerns, the Home Minister stated that the provisions would be applied only in situations of serious offences, and that relevant explanations would be included in the Rules. In light of the Home Minister's promises, opposition MPs did not push the modifications they presented. NK Premachandran offered an amendment to emphasise that providing biometrics is only required in situations of serious crimes. "The Hon'ble Minister has responded that it would be made in the Rules, and I am withdrawing the amendment based on the promise provided to the house," Premachandran said. Another MP proposed an amendment to specify that the samples will only be obtained from prisoners and not from individuals who are jailed. He did not, however, urge the proposal since the Home Minister said that required clarifications will be included in the Rules.
Following the debate, the Bill was passed by voice vote.
The measuring record must be kept for a duration of 75 years from the date of collection.
It further states that any opposition to taking measures will be considered an offence under Section 186 (obstructing a public official) of the IPC, punishable by a three-month prison sentence, a fine of up to Rs 500, or both.
The government underlined that such individuals who have not been convicted or prosecuted for a crime against women or children, or who are in detention for an offence punishable by imprisonment for a term of less than seven years, have the right to refuse authorization to provide biological samples.
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