The Centre on Monday framed the rules for Criminal Procedure (Identification) Act, 2022, a controversial law that gives powers to enforcement agencies to collect biological samples, retina scan, biometrics and behavioural attributes of convicted, arrested or detained persons.
The rules state that data of people arrested under offences related to elections (Chapter IXA of the Indian Penal Code) and offences related to contempt or disobedience of public servants’ authority (Chapter X of the IPC) can only be taken with the “prior written approval” of a police officer not below the rank of a superintendent of police.
As assured by the home minister Amit Shah during a debate in Parliament in April, people charged for violating prohibitory orders or detained for disturbing peace under section 144 or 145 of the Criminal Procedure Code, 1973 (CrPC), will not be obliged to give their measurements unless they are charged or arrested in connection with any other offence punishable under any other law during that period, according to the rules, which have been seen by HT. His assurance came after lawmakers expressed fears about the government using the law to target political opponents.
The rules, issued through a gazette notification by the home ministry on Monday, further state that measurements of people against whom preventive action has been initiated under sections 107, 108, 109 or 110 of the CrPC (pertaining to various offences related to public peace) “shall not be taken” unless the person is “ordered to give security for his good behaviour or maintaining peace under section 117 of CrPC. Under Section 117, a magistrate has powers to order a person to give security for good behaviour.
{{/usCountry}}The rules, issued through a gazette notification by the home ministry on Monday, further state that measurements of people against whom preventive action has been initiated under sections 107, 108, 109 or 110 of the CrPC (pertaining to various offences related to public peace) “shall not be taken” unless the person is “ordered to give security for his good behaviour or maintaining peace under section 117 of CrPC. Under Section 117, a magistrate has powers to order a person to give security for good behaviour.
{{/usCountry}}The National Crime Records Bureau (NCRB) will issue standard operating procedures for taking the measurements, the rules said. These procedures will include the specifications of the equipment or devices to be used for taking measurements; format, including digital or physical; method of handling and storage of measurements in the database at the level of state government or union territory administration in a format compatible with the database of the NCRB.
The rules state that the record of measurements “shall be stored and preserved in a secure and encrypted format as specified in the SOPs”. The SOPs will also define the process of destruction of data.
Opposition parties have called the new law “draconian” and have raised concerns about data breaches and violation of privacy. However, Shah said in April that biometric data of political detainees will not be collected and the proposed law will exclude brain mapping and polygraph test.
The new law updates an older one that enables police to collect samples of a person’s biometric details, such as fingerprints and iris scans, if they have been arrested, detained or placed under preventive detention on charges that attract a jail term of seven years or more.
It makes it mandatory for people to allow collection of finger impressions, palm print impressions, footprint impressions, photographs, iris and retina scans, physical and biological samples and their analysis, behavioural attributes, including signatures and handwriting, among others. The law also empowers NCRB to collect, store and preserve these records for 75 years and share it with other agencies.