Criminal Identification Bill's Noble Endeavour Outweighed By Privacy Concerns

Recently, the Central Government introduced 'The Criminal Procedure (Identification) Bill 2022'. The legislation aims to give the police both physical and biological samples of convicted criminals - which include, retina scans, fingerprints, iris scans, palm prints. The samples will also help them infer their behavioural patterns, by analysing various signatures and handwriting.

The bill was introduced by Ajay Mishra Teni, Union Minister of State for Home Affairs. According to The Times of India, this is deemed to be an amendment of the Identification of Prisoners Act 1920, that existed in the British Raj. "The Bill will not only help our investigation agencies but will also prosecution. There is also a chance of an increase in conviction rate in courts through this," the news publication quoted the Minister.

Contents Of The Bill

The Identification of Prisoners Act 1920 mandated that the police authorities could record only fingerprints and footprints. Teni explains further, "The world has undergone technological and scientific changes, crime and its trend has increased. Further, the government felt that it was necessary to expand the 'ambit of persons' under the legislation. Not just the convicted, the act empowers the necessary authorities to take the samples of people who are just mere suspects.

The proposed bill also has provisions for anyone who refuses to comply with them. Their resistance will lead to them being charged under Section 186 of the Indian Penal Code (IPC) which punishes people who do not let a public authority act as prescribed under the law. The punishment involved is imprisonment extending to three months. The Criminal Procedure (Identification) Bill will give rights to both Centre and State to frame necessary to carry out the proposed law's functions.

'Draconian' Law

Despite its noble intentions, the bill has drawn flak from the Opposition parties. The idea of collecting samples of both criminals and mere suspects is seen as a violation of a person's privacy. Prominent Congress leader Manish Tiwari slammed the proposal, stating that it goes against our fundamental rights. "If I am arrested for picketing for protection of civil rights or any genuine demand, and if an FIR is launched against me, then a DNA test will be taken. What is this? This is a violation of the basic rights of an individual. What is the logic and reasoning," an MP from Kerala named NK Premachandran told NDTV. Several people fear that once the legislation is passed, it could target innocent people who are convicted wrongly.

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