What's the Criminal Procedure( Identification) Act, 2022? Know crucial Changes and vittles Then
Criminal Procedure( Identification) Act, 2022- Explained The Criminal Procedure( Identification) Act, 2022 came into effect on 4th August 2022. Know what are the crucial changes and vittles introduced in the new law and how will change the way felonious examinations are done.
Criminal Procedure( Identification) Act, 2022- Explained The Criminal Procedure( Identification) Act, 2022 came into effect on 4th August 2022. The recently legislated law will replace the Identification of captures Act, 1920 and empowers police and other law enforcement agencies to collect certain identifiable information( fingerprints and vestiges) of persons including cons and arrested persons. Since its enactment, the law has been in news for severe review and opposition parties who have nominated it draconian. In response to this Home Minister Amit Shah has said that the law is an enabling tool that will give police and other probing agencies with the technological tools to stay ahead of culprits.
As the debate around the legal viability of the Criminal Procedure( Identification) Act, 2022 continues, Let’s pass and crack the crucial changes and vittles introduced in the new law and how will change the way felonious examinations are done.
How will probing Agencies collect Data?
The Code of Criminal Procedure( CrPC), 1973 has vittles that allow for the collection of data from cons. Section 53 or section 53A of CrPC deals with the procedural aspects of felonious law and allows probing agencies the power to collect, store and assay data for felonious examinations. The data collected will be stored and saved by the National Crime Records Bureau( NCRB) and will be participated with any applicable law enforcement agency, as needed. The law vittles storehouse of data for 75 times after which it'll be destroyed.
Identification of captures Act vs Criminal Procedure Identification Act Comparison
The Criminal Procedure Identification Act 2022 replaces the social period law Identification of captures Act 1920. To help you understand the crucial changes that have been made to the way data can be captured, stored and used by law enforcement are listed below in a relative manner
Provision | Identification of Prisoners Act 1920 | Criminal Procedure Identification Act 2022 |
Persons whose Data can be Collected | Person whose data is to be collected should be a convicted criminal with imprisonment of one year or above | Any person who is convicted of a punishable offence under any law can have their data collected by investigating agencies |
Concerned person should be arrested for an offence punishable with imprisonment of one year or above | Any person arrested for a punishable offence or detained under preventive detention laws | |
Data can also be connected if directed by Magistrate for purposes of investigation under CrPC; provided the person has also been arrested earlier as well for similar investigation | Data can also be connected if directed by Magistrate for purposes of investigation under CrPC; no prior conviction in similar investigation is required | |
Ordered to give security for his good behaviour under CrPC | Ordered to give security for his good behaviour under CrPC | |
Measures / Data which can be collected | Finger Impressions, Foot Impressions, Measurement and Photographs | Finger Impressions, palm-print impressions, foot-print impressions, photographs, iris and retina scans, physical, biological sample and their analysis, behavioural attributes including signatures, handwriting or any other examination referred to in section 53 or section 53A of the CRPC 1973 |
Destruction of Data / Measurements | Data collected by investigative agencies has to be destroyed in case the person under investigation is acquitted, discharged or released. This will be applicable only if the accused is previously not convicted of any punishable offence with rigorous imprisonment of one year or upwards. | For convicts, data collected has to be destroyed only after 75 years after collection. In case of acquittal, discharge or release, only if the accused is previously not convicted of any punishable offence with rigorous imprisonment of one year or upwards |
Challenges, Issues stressed by Critics and Opposition
Since its preface in Parliament in April 2022, the Criminal Procedure( Identification) Act, 2022 has come under severe review from opposition leaders as well as several legal experts. The point of contention as far as the new law is concerned is centred around the “ natural samples and their analysis ”. As the term ‘ natural samples ’ has not been easily defined in the law, it keeps the door open for law enforcement agencies to collect fleshly irruptions similar as the delineation of blood and hair, the collection of DNA samples. Under the current law, the collection of similar samples or data requires a
Several opposition leaders have nominated the law to be draconian as it'll allow law enforcement agencies to perform narco analysis and brain mapping, without the concurrence of captures and detainees.
likewise, legal experts have also said that the law will violate the right to sequestration of not only people indicted of a crime but also of ordinary citizens. The provision included in the law which states “ Any person arrested for a punishable offence or detained under preventative detention laws ” has come under severe review as it paves the way for the collection of data and natural samples from protestors and political opposition by the government of the day.
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