DNA Explainer: What is Criminal Procedure (Identification) Act? Analysing its provisions and Opposition's concerns

The Criminal Procedure (Identification) Act, 2022, which was passed by the Parliament in April this year, came into force from Thursday. The new law allows investigators to collect certain identifiable information of convicts and other persons for purposes of identification and investigation in criminal matters.

The new law replaces the similar colonial-era Identification of Prisoners Act, 1920 authorises police officials to take measurements of people convicted, arrested or facing trial in criminal cases, including their iris and retina scans and even biological samples with exceptions, and store these up to 75 years. 

As the opposition claimed that the law was draconian, Union Home Minister Amit Shah said the law will ensure that police and investigators remain two steps ahead of criminals. 

What is Criminal Procedure (Identification) Act, 2022? 

The new law provides legal sanction to the police to take physical and biological samples of convicts as well as those accused of crimes. 

Putting in simple words, the law allows police to collect “finger-impressions, palm-print impressions, footprint impressions, photographs, iris and retina scan, physical, biological samples and their analysis, behavioural attributes including signatures, handwriting or any other examination,” referred to in Section 53 or Section 35A of the Code of Criminal Procedure, 1973. 

The law also empowers the National Crime Records Bureau (NCRB) to store, preserve, share with any law enforcement agency and destroy the record of measurements at national level. The records can be stored up to a period of 75 years. 

How is it different from the previous law?

The old law allowed police authorities to take only fingerprint and footprint impressions of a limited category of convicted persons, whereas the new law allows police to collect a range of physical and biological samples, not only of convicts but also those arrested or even detained under any preventive detention law. 

While the old law was limited to serious offenders, the new one includes all categories of criminals and accused. 

What is the Opposition’s concern?

During the debate on the then proposed law in Parliament in April this year, the opposition expressed strong reservations about the provisions of the Act. 

The Opposition expressed apprehension that the words “biological samples and their analysis” mentioned in the Act could allow authorities to perform narco analysis and brain mapping. It alleged that the Act will empower authorities to forcefully take measurements of accused and detainees, which it said violates the rights of prisoners violates a catena of Supreme Court judgments. 

The government, however, assured that the rules would have safeguards against any misuse of the identification database and biological samples, by fixing accountability of those entrusted with the safety of data.