New Delhi: President Ramnath Kovind have assented to the Criminal Procedure (Identification) Bill, which empowers police to obtain physical and biological samples of convicts and those accused of crimes.
The Act, which replaces the Identification of Prisoners Act, 1920, was passed by Lok Sabha on April 4 and Rajya Sabha on April 6.
“The following Act of Parliament received the assent of the President on the 18th April, 2022 and is hereby published for general information:- The Criminal Procedure (Identification) Act, 2022 No.11 of 2022,” a gazette notification issued by the government said.
Apart from allowing police to get physical and biological samples of detainees and convicts for criminal investigations, the Act also allows a magistrate to order measurements or photographs of a person to aid in the investigation of an offence.
In case of acquittal or discharge of the person, all material must be destroyed.
While participating in the debate on the legislation in Rajya Sabha, Union Home Minister Amit Shah had said the biometric data of political detainees would not be collected and the proposed law would exclude brain mapping and polygraph test from its ambit.
“Under section 3, the government of India has the right to make rules. We will define it and ensure that no person involved in a political agitation has to give (physical and biometric) measurements only for political agitation. But, if a political leader is arrested in a criminal case, then he will have to be at par with a citizen,” Amit Shah said.
Although, several opposition had slammed it as “unconstitutional” and “draconian” the legislation and claimed it could be misused.
Amit Shah said no measurements will be taken of any political person for violation of prohibitory orders brought into effect by police.
He said the legislation is aimed at improving the conviction rate.
“It is aimed at building capacity for the police and forensic teams,” he said.
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