AMN/ WEB DESK

The Lok Sabha today passed Criminal Procedure (Identification) Bill, 2022. The bill seeks to authorise for taking measurements of convicts and other persons for the purposes of identification and investigation in criminal matters and to preserve records.

It provides for legal sanction for taking appropriate body measurements of persons who are required to give such measurements which include finger-impressions, palm-print and foot-print impressions, photographs, iris and retina scan, physical, biological samples and their analysis among others. It will make the investigation of crime more efficient and expeditious and will also help in increasing the conviction rate.

The legislation also empowers the National Crime Records Bureau of India to collect, store and preserve the record of measurements and for sharing, dissemination, destruction and disposal of records. The bill provides for empowering police or prison officer to take measurements of any person who resists or refuses to give measurements.

Replying to a debate on the bill, Union Home Minister Amit Shah said, the only  motive behind bringing the bill is to enhance the conviction rates in the country as well as bringing down the crime rates. The aim is also to  spread a stern message in the society by ensuring conviction in criminal cases. Giving data of conviction rates, Mr Shah mentioned that as per  data of National Crime Records Bureau, NCRB in 2020, the conviction rates in case of the murder only stands at 44 per cent while it is 24 per cent in attempt to murder cases.  He said, adequate safeguards are available in the bill to ensure data privacy.

Mr Shah said, the  Criminal Procedure (Identification) Bill will act as defender of human rights of crores of law-abiding citizens. He mentioned that due to lack of evidence 7.50 lakh criminal  cases are closed every year in India. He added that the new bill will strengthen the criminal justice system of the country. The Union Home Minister also said that the government will bring a model Act for jail reforms which is under finalisation. He said when finalised the Model Act will be sent to the states. Under it, there will be a provision of counselling for jail inmates.

Earlier moving the bill in the Lok Sabha, Home Minister Amit Shah said that the bill will replace the Identification of Prisoners Act, 1920 and would strengthen collection of evidence and further help the investigation. He informed that the government has held extensive discussion with States before putting forth the bill. Mr Shah asked the members to not look into the bill in isolation but along with the upcoming Prison Act Manual.

Initiating the discussion on the bill, Manish Tewari of Congress raised questions over the intents of the bill and demanded for referring it to the Standing Committee of Parliament for wider consultations. He stressed that the government should come out with this bill by making improvements after holding consultations with the civil society groups.

DMK member Dayanidhi Maran said that the bill should be sent to standing committee. Vishnu Dayal Ram of BJP said that this legislation should be seen beyond the politics. He said, the legislation when passed will help the investigating officers to increase the conviction rate. NCP member Supriya Sule said that her party supports the bill but has concerns against some provisions of it.

BSP member Danish Ali alleged that the bill gives immense liberty to police who can collect data related to common man and nobody is responsible for the security of that particular data. Opposing the bill, Congress member Gaurav Gogoi said that no assurance has been given by the government that wheather the provisions of the bill will not be abused.

Speaking in the support of the bill, BJP member Dr Satyapal Singh said that presently the conviction rate in India is only 14 per cent and many accused walk  away on account of lack of evidence. He said that this bill will not only help in collecting evidence and conducting the scientific investigation but will also safeguard the human rights. Other  Members including Mahua Moitra and Saugata Roy of TMC, Bahtruhari Mahtab of BJD and E T Maohammed Basheer of IUML  also participated in the discussion.