## Report on The Criminal Procedure Identification Act, 2022
**1. Executive Summary:**
This report provides an overview of The Criminal Procedure Identification Act, 2022 (referred to as "the Act"), based solely on the official gazette notification. The Act authorizes the taking of measurements of convicts and other persons for identification and investigation in criminal matters, the preservation of records, and related activities. Key provisions include the collection of measurements (including biological samples under certain conditions) from individuals convicted of offences, those ordered to provide security for good behaviour, and those arrested or detained under preventive detention laws. The Act establishes the National Crime Records Bureau (NCRB) as the central agency for managing these records. This report details these aspects based only on the provided legal text.
**2. Introduction:**
This report aims to provide a comprehensive overview of The Criminal Procedure Identification Act, 2022, based on the provided text of the official gazette notification. The analysis focuses on the stated objectives, key provisions, and inferred implementation aspects of the Act, drawing directly from the provided document.
**3. Policy Overview:**
* **Core Objective(s):** According to the provided text, the core objective of the Act is to authorise the taking of measurements of convicts and other persons for the purposes of identification and investigation in criminal matters and to preserve records.
**4. Background and Rationale:**
* **New Policy:** Based on the text, this new policy likely addresses the need for a more comprehensive and standardized system for collecting, storing, and sharing identifying information of individuals involved in criminal activity. The Act aims to improve the efficiency and effectiveness of criminal investigations and prosecutions by leveraging modern measurement techniques and centralizing record management. It also repeals the Identification of Prisoners Act, 1920, suggesting the older act was insufficient for current needs.
**5. Key Provisions / Changes:**
Since this is a new policy, we will detail the main components, rules, and actions mandated by the entire provided text:
* **Taking of Measurements:** The Act mandates the taking of "measurements" from:
* Persons convicted of offences.
* Persons ordered to give security for good behaviour or maintaining peace under section 117 of the Code of Criminal Procedure, 1973 for a proceeding under section 107 or section 108 or section 109 or section 110 of the said Code
* Persons arrested in connection with an offence or detained under preventive detention law.
* **Definition of "Measurements":** The definition of "measurements" is broad, including: finger impressions, palm print impressions, footprint impressions, photographs, iris and retina scans, physical and biological samples and their analysis, behavioural attributes including signatures, handwriting, or any other examination referred to in section 53 or section 53A of the Code of Criminal Procedure, 1973. However, the provision states that anyone arrested for an offence not against a woman or child, or punishable with imprisonment less than seven years, may not be obliged to provide biological samples.
* **National Crime Records Bureau (NCRB) Role:** The NCRB is designated as the central agency responsible for:
* Collecting measurement records from State Governments, Union Territories, and other law enforcement agencies.
* Storing, preserving, and destroying measurement records at the national level.
* Processing such records with relevant crime and criminal records.
* Sharing and disseminating records with law enforcement agencies.
* **Data Retention:** Measurement records are to be retained in digital or electronic form for 75 years from the date of collection.
* **Data Destruction:** The Act outlines a specific procedure for the destruction of records of individuals not previously convicted who are released without trial, discharged, or acquitted. Unless directed otherwise by a court or Magistrate, these records must be destroyed after all legal remedies are exhausted.
* **Magistrate's Power:** A Magistrate can order a person to give measurements for investigation or proceedings under the Code of Criminal Procedure, 1973, or any other law in force.
* **Resistance to Measurement:** Resistance or refusal to allow the taking of measurements is deemed an offence under section 186 of the Indian Penal Code.
* **Rule-Making Power:** Both the Central and State Governments are granted the power to make rules for carrying out the purposes of the Act, including the manner of taking measurements, data management, and other prescribed matters.
**6. Target Audience and Stakeholders:**
Based on the text, the directly affected individuals and stakeholders include:
* Individuals convicted of offences.
* Individuals ordered to give security for good behaviour or maintaining peace.
* Individuals arrested in connection with an offence or detained under preventive detention law.
* Law enforcement agencies (police, prison officers).
* The National Crime Records Bureau (NCRB).
* State Governments and Union Territory Administrations.
* The Judiciary (Magistrates and Courts).
**7. Implementation Aspects (Inferred):**
* **Responsible agency/bodies mentioned:** The National Crime Records Bureau (NCRB) is the key agency responsible for the central management of measurement records. State Governments and Union Territory Administrations are responsible for collecting, preserving, and sharing measurements within their jurisdictions.
* **Timelines or procedures specified in the text:** The Act specifies a 75-year data retention period. It also outlines procedures for data destruction in specific cases of acquittal or discharge, pending a court order. No other timelines are specified in the Act itself.
* The Act states that resistance to allowing measurements is an offence under the Indian Penal Code.
**8. Expected Outcomes / Impact of Changes:**
Since this is a new policy, what are the likely intended outcomes based on the policy's stated provisions in the text?
* Improved efficiency and effectiveness of criminal investigations through access to a centralized database of measurements.
* Enhanced identification of criminals and repeat offenders.
* Modernization of criminal identification processes by incorporating advanced measurement technologies (iris scans, biological samples, etc.).
* More robust record keeping and data management practices.
**9. Conclusion:**
The Criminal Procedure Identification Act, 2022 represents a significant shift in the approach to criminal identification and investigation in India. By establishing a centralized system for collecting and managing a wide range of measurements, the Act aims to enhance the capabilities of law enforcement agencies and improve the overall effectiveness of the criminal justice system. The broad scope of the Act and the long data retention period highlight its potential impact on individuals and the legal landscape. The Act repeals the Identification of Prisoners Act, 1920.
Key Entities Referenced
The Criminal Procedure Identification Act, 2022: An Act of Parliament authorizing the taking of measurements of convicts and other persons for identification and investigation in criminal matters.
Parliament: The legislative body that enacted The Criminal Procedure Identification Act, 2022.
Central Government: The government entity empowered to appoint the date of commencement of the Act and prescribe manners related to measurements.
Official Gazette: The official publication in which the Central Government will announce the commencement date of the Act.
Magistrate: Judicial authority with powers to order measurements for investigation or proceedings.
Metropolitan Magistrate: Magistrate in relation to a metropolitan area
Judicial Magistrate of the first class: Magistrate in relation to any other area other than Metropolitan area
Executive Magistrate: Magistrate in relation to ordering someone to give security for his good behaviour or maintaining peace
Code of Criminal Procedure, 1973: A code related to measurements includes fingerimpressions, palmprint impressions, footprint impressions, photographs, iris and retina scan, physical, biological samples and their analysis, behavioural attributes including signatures, handwriting or any other examination referred to in section 53 or section 53A of the Code
Indian Penal Code: The code in which resistance to or refusal to allow the taking of measurements under this Act shall be deemed to be an offence under section 186
National Crime Records Bureau: The central agency responsible for collecting, storing, preserving, processing, sharing, disseminating, destroying and disposing of measurement records at the national level.
State Government: The government at the state level that, along with Union territory Administrations, can collect, preserve, and share measurements in their respective jurisdictions and also prescribe manners related to measurements.
Union territory Administration: The administration of union territories that, along with State Governments, can collect, preserve, and share measurements in their respective jurisdictions.
House of Parliament: Each House of Parliament should agree in making any modification in the rule or both Houses agree that the rule should not be made
State Legislature: Every rule made by the State Government under this Act shall be laid, as soon as may be after it is made, before each House of the State Legislature where it consists of two Houses, or where such Legislature consists of one House, before that House
Identification of Prisoners Act, 1920: The Act repealed by The Criminal Procedure Identification Act, 2022.
General Clauses Act, 1897: The mention of particular matters in subsection 2 shall not be held to prejudice or affect the general application of section 6 of the General Clauses Act, 1897 with regard to the effect of repeal.
New Delhi: Location of Ministry of Law and Justice, Legislative Department
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MINISTRY OF LAW AND JUSTICE
(Legislative Department)
New Delhi, the 18th April, 2022/Chaitra 28, 1944 (Saka)
The following Act of Parliament received the assent of the President on the
18th April, 2022 and is hereby published for general information:—
THE CRIMINAL PROCEDURE (IDENTIFICATION) ACT, 2022
NO. 11 OF 2022
[18th April, 2022]
An Act to authorise for taking measurements of convicts and other persons for
the purposes of identification and investigation in criminal matters and to
preserve records and for matters connected therewith and incidental thereto.
BE it enacted by Parliament in the Seventy-third Year of the Republic of India as
follows:—
1. (1) This Act may be called the Criminal Procedure (Identification) Act, 2022. Short title and
commencement.
(2) It shall come into force on such date as the Central Government may, by notification
in the Official Gazette, appoint.
2. (1) In this Act, unless the context otherwise requires,— Definitions.
(a) "Magistrate" means,—
(i) in relation to a metropolitan area, the Metropolitan Magistrate;
(ii) in relation to any other area, the Judicial Magistrate of the first class; or
(iii) in relation to ordering someone to give security for his good behaviour
or maintaining peace, the Executive Magistrate;2 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
(b) "measurements" includes finger-impressions, palm-print impressions,
foot-print impressions, photographs, iris and retina scan, physical, biological samples
and their analysis, behavioural attributes including signatures, handwriting or any
other examination referred to in section 53 or section 53A of the Code of Criminal
Procedure, 1973; 2 of 1974.
(c) "police officer" means the officer-in-charge of a police station or an officer
not below the rank of Head Constable;
(d) "prescribed" means prescribed by rules made under this Act;
(e) "prison officer" means an officer of prison not below the rank of Head Warder.
(2) Words and expressions used herein and not defined but defined in the Indian Penal
Code and the Code of Criminal Procedure, 1973 shall have the same meanings respectively 45 of 1860.
assigned to them in those Codes. 2 of 1974.
Taking of 3. Any person, who has been,—
measurement.
(a) convicted of an offence punishable under any law for the time being in force; or
(b) ordered to give security for his good behaviour or maintaining peace under
section 117 of the Code of Criminal Procedure, 1973 for a proceeding under section 107 2 of 1974.
or section 108 or section 109 or section 110 of the said Code; or
(c) arrested in connection with an offence punishable under any law for the time
being in force or detained under any preventive detention law,
shall, if so required, allow his measurement to be taken by a police officer or a prison officer
in such manner as may be prescribed by the Central Government or the State Government:
Provided that any person arrested for an offence committed under any law for the time
being in force (except for an offence committed against a woman or a child or for any offence
punishable with imprisonment for a period not less than seven years) may not be obliged to
allow taking of his biological samples under the provisions of this section.
Collection, 4. (1) The National Crime Records Bureau shall, in the interest of prevention, detection,
storing, investigation and prosecution of any offence under any law for the time being in
preservation force,—
of
measurements (a) collect the record of measurements from State Government or Union territory
and storing,
Administration or any other law enforcement agencies;
sharing,
dissemination, (b) store, preserve and destroy the record of measurements at national level;
destruction
and disposal of (c) process such record with relevant crime and criminal records; and
records.
(d) share and disseminate such records with any law enforcement agency,
in such manner as may be prescribed.
(2)The record of measurements shall be retained in digital or electronic form for a
period of seventy-five years from the date of collection of such measurement:
Provided that where any person, who has not been previously convicted of an offence
punishable under any law with imprisonment for any term, has had his measurements taken
according to the provisions of this Act, is released without trial or discharged or acquitted by
the court, after exhausting all legal remedies, all records of measurements so taken shall,
unless the court or Magistrate, for reasons to be recorded in writing otherwise directs, be
destroyed from records.
(3) The State Government and Union territory Administration may notify an
appropriate agency to collect, preserve and share the measurements in their respective
jurisdictions.SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 3
5. Where the Magistrate is satisfied that, for the purpose of any investigation or Power of
2 of 1974. proceeding under the Code of Criminal Procedure, 1973 or any other law for the time being in Magistrate to
force, it is expedient to direct any person to give measurements under this Act, the Magistrate direct a person
to give
may make an order to that effect and in that case, the person to whom the order relates shall
measurements.
allow the measurements to be taken in conformity with such directions.
6. (1) If any person who is required to allow the measurements to be taken under this Resistance to
Act resists or refuses to allow taking of such measurements, it shall be lawful for the police allow taking of
officer or prison officer to take such measurements in such manner as may be prescribed. measurements.
(2) Resistance to or refusal to allow the taking of measurements under this Act shall be
45 of 1860. deemed to be an offence under section 186 of the Indian Penal Code.
7. No suit or any other proceeding shall lie against any person for anything done, or Bar of suit.
intended to be done in good faith under this Act or any rule made thereunder.
8. (1) The Central Government or the State Government may, by notification in the Power to
Official Gazette, make rules for carrying out the purposes of this Act. make rules.
(2) In particular, and without prejudice to the generality of the foregoing provisions,
such rules may provide for all or any of the following matters, namely:—
(a) the manner of taking measurements under section 3;
(b) the manner of collection, storing, preservation of measurements and sharing,
dissemination, destruction and disposal of records under sub-section (1) of section 4;
(c) the manner of taking of measurements under sub-section (1) of section 6;
(d) any other matter which is to be prescribed, or in respect of which provision is
to be made.
(3) Every rule made by the Central Government under this Act shall be laid, as soon as
may be after it is made, before each House of Parliament, while it is in session, for a total
period of thirty days which may be comprised in one session or two or more successive
sessions, and if, before the expiry of the session immediately following the session or the
successive sessions aforesaid, both Houses agree in making any modification in the rule or
both Houses agree that the rule should not be made, the rule shall thereafter have effect only
in such modified form or be of no effect, as the case may be; so, however, that any such
modification or annulment shall be without prejudice to the validity of anything previously
done under that rule.
(4) Every rule made by the State Government under this Act shall be laid, as soon as
may be after it is made, before each House of the State Legislature where it consists of two
Houses, or where such Legislature consists of one House, before that House.
9. (1) If any difficulty arises in giving effect to the provisions of this Act, the Central Power to
Government may, by order, published in the Official Gazette, make such provisions not remove
inconsistent with the provisions of this Act as appear to it to be necessary for removing the difficulties.
difficulty:
Provided that no such order shall be made under this section after the expiry of three
years from the commencement of this Act.
(2) Every order made under this section shall be laid, as soon as may be after it is made,
before each House of Parliament.
33 of 1920. 10. (1) The Identification of Prisoners Act, 1920 is hereby repealed. Repeal and
saving.
(2) Notwithstanding such repeal, anything done or any action taken or purported to
have done or taken including any rule, regulation, or any proceedings taken, any rule made
or any direction given or any proceedings taken or any penalty or fine imposed under the
repealed Act shall, in so far as it is not inconsistent with the provisions of this Act, be
deemed to have been done or taken under the corresponding provisions of this Act.4 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— SEC. 1]
(3)The mention of particular matters in sub-section (2) shall not be held to prejudice or
affect the general application of section 6 of the General Clauses Act, 1897 with regard to the 10 of 1897.
effect of repeal.
————
DR. REETA VASISHTA,
Secretary to the Govt. of India.
UPLOADED BY THE MANAGER, GOVERNMENT OF INDIA PRESS, MINTO ROAD, NEW DELHI–110002
AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI–110054.
MGIPMRND—116GI(S3)—18-04-2022.