The Bill proposes to permit Police to gather finger impressions, palm prints impressions, footprint impressions, images, iris and retina scans, bodily and organic samples. It additionally proposes the gathering of behavioural attributes together with signatures, handwriting or some other examination referred underneath Section 53 or Section 53A of CrPC.
The file of measurements shall be retained for a interval of 75 years from the date of assortment.
Under the current regime, the Police are permitted to take finger and footprint impressions of a restricted class of convicts and non-convicted individuals.
During the dialogue at present, Congress MP P. Chidambaram dubbed the Bill as “dangerous”, resulting in “involuntary confession” and is violative of Article 20 and 21. He mentioned that it overlooks the Supreme Court’s choices in Selvi v. State of Karnataka, 2010 which prohibited administration of Narco Analysis, Polygraph Test and Brain Mapping as being violative of Privacy. It can also be opposite to the judgment in Justice KS Puttaswamy v. Union of India, which acknowledged the precise to privateness as a elementary proper.
He additional identified that the DNA Technology (Use and Application) Regulation Bill has been stored pending since 2019. There are additionally provisions underneath CrPC for the identification of prisoners. Thus, it’s not clear why the moment Bill has been launched.
“I deeply regret to say that when a Bill like this is moved and passed in this house, we are breaking the Constitution everyday…Several suggestions were made in Lok Sabha to amend the Bill, to refer it to a Standing Committee or Select Committee but not one suggestion was accepted by the government. The Bill has been passed as it is introduced…There is no scientific basis to presume that any measurement, including handwriting, fingerprints is unique to a person.“
Referring to Section 3 within the Bill, he mentioned, any one that has been convicted of an offence punishable underneath any legislation, shall, enable his measurement to be taken by the Police. “So, even if a person is convicted of an offence for which the punishment is Rs. 100, this law applies…I am not talking about heinous crimes, I am talking about simple laws like order to give good behaviour.“
Furthermore, he identified that “law enforcement agency” which has been empowered underneath Section 4 to gather and retain the file of measurements has not been outlined. “Panchayat enforces Panchayat Act, Health Inspector enforces Food and Drugs Act. So, panchayat is a law enforcing agency? Anyone who implements the law, will get these measurements if they ask. Is this the intention?“
Union Home Minister Amit Shah mentioned that new methods are important to sort out new-generation crimes and improve conviction charge. Responding to the issues expressed by some members, the Home Minister mentioned that the provisions will probably be used solely within the circumstances of heinous crimes and corresponding clarifications will observe within the Rules. He additionally assured that the information is not going to be made accessible to the Police companies. National Crime Records Bureau (NCRB) will probably be accountable for storage and upkeep of the information.
BJP MP Mahesh Jethmalani, additionally a Senior Advocate, mentioned that the language of the Bill on no account protects Narco Analysis, Polygraph Test and Brain Mapping, as these are neither bodily nor organic attributes of an individual. He added that the Supreme Court’s Puttaswamy judgment is replete with references that in case of detection of crime, the precise to privateness stands excluded.
Following the dialogue, the proposal to ship the Bill for scrutiny by the Select Committee was defeated with 97 noes and 59 ayes. The Bill was handed with voice vote.
The Bill proposes to permit Police to gather finger impressions, palm prints impressions, footprint impressions, images, iris and retina scans, bodily and organic samples. It additionally proposes assortment of behavioural attributes together with signatures, handwriting or some other examination referred underneath Section 53 or Section 53A of CrPC.
It additional offers that any resistance to taking of measurements will probably be an offence underneath Section 186 (obstructing public servant) of IPC, attracting a jail time period of three months or superb as much as Rs 500 or each.
The authorities clarified that such individuals, who usually are not convicted or arrested for crime in opposition to ladies or youngsters or those that are in custody for an offence punishable with imprisonment for a interval lower than seven years, can deny permission to present their organic samples.
Also Read: Criminal Procedure (Identification) Bill Problematic : Project 39A Report