AMN / NEW DELHI
Parliament has passed the Criminal Procedure (Identification) Bill 2022 with the Rajya Sabha approving it on Wednesday. The House also rejected the amendments moved by the opposition to refer the bill to the Select Committee. As many as 59 members voted in the favour of the amendments while 97 against it. The Lok Sabha has already passed the bill. The Bill seeks to authorise 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.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 officers to take measurements of any person who resists or refuses to give measurements. The new legislation also replaces the Identification of Prisoners Act, 1920
Replying to a debate on the Criminal Procedure (Identification) Bill 2022 in the Rajya Sabha, Union Home Minister Amit Shah said that the only motive behind bringing the bill is to increase the conviction rates and limits the offence of crimes. Mr. Shah assured the House that the present bill in no way infringes upon the right to privacy or in violation of human right of individual. He assured that the Act as well the rules framed under it, both will strengthen the justice system which will help the Law. The Home Minister added that the data of measurements will be kept with National Crime Records Bureau and will remain safe. Mr. Shah also said the bill was necessitated as the conviction rates in cases like murder, sexual assault, child abuse, theft and dacoity are very low and this legislation will help enhance the conviction rates in such crimes by providing scientific evidences to the law enforcement agencies.
Earlier, moving the Bill in the Rajya Sabha, Home Minister Amit Shah said the Bill will help in collection of evidence and further help in investigation. He said it will make the investigation of crime more efficient and expeditious and will also help in increasing the conviction rate.
Initiating the discussion, P Chidambaram of Congress termed the bill as defective. He said liberty and privacy are two of the most important rights and the Bill violates these rights. He asked the Bill to be sent to a Standing Committee or a Select Committee.
Mahesh Jethmalani, a Nominated member supported the bill saying that the present Modi government in the light of the experience in the last seven years have realized that the previous governments has relied only upon the Identification of Prisoners Act, 2020 which is an outdated Act because the technological use of this Act is no longer holds good.
Sukhendu Sekhar Ray of AITC opposed the bill and urged the government to refer the bill to the Select Committee.He said, the bill presents significant concerns of excessive delegation of legislative authority to the rule-making bodies as well as excessive delegation of power to the functionaries under the bill in violation of Article 14 of the Constitution.
Tiruchi Siva of DMK also opposed the bill and demanded to refer it to the Select Committee. V Vijayasai Reddy of YSRCP supported the bill saying that the legislation will improve the conviction rate in several crimes.
Ram Gopal Yadav of Samajwadi Party also opposed the bill and suggested for referring the bill to the Select Committee for wider consultation