Abstract

The Criminal Procedure (Identification) Act, 2022 authorizes the executive to take measurements of convicts and other persons for the purpose of identification and investigation in criminal matters. It also authorizes the preservation of records and data. 87th Law Commission Report has suggested for replacing the age-old Identification of Prisoners Act, 1920. In addition to this, In March 2003, the Expert Committee on Reforms of the Criminal Justice System Chaired by Dr. Justice V. S. Malimath recommended amending the 1920 Act to empower the Magistrate to authorise the collection of data such as blood samples for DNA, hair, saliva, and semen. The Supreme Court also underlined the need for this in the case of State of U.P v. Ram Babu Misra . The Act further authorizes National Crime Records Bureau to collect the record of measurements, store, preserve and destroy the records, process such record with relevant crime and criminal records, and share and disseminate such records with any law enforcement agency. It also empowers a Magistrate to direct a person to give measurements for the purpose of any investigation or proceeding under the Code of Criminal Procedure, 1973 or any other law. This law also helps the investigating agencies to increase the ambit of persons and gather evidences which are legally admissible in the court of law. Though many features of the Act are laudable in nature, many constitutional issues such as right against self-incrimination under Article 20(3), right to privacy under Article 21, fundamental rights and human rights of the accused persons have been gravely affected. Therefore, in the light of this background, an attempt has been made in this paper to analyze the pros and cons of Criminal Procedure (Identification) Act, 2022.

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