NEW DELHI: The Lok Sabha on Monday passed the Criminal Procedure (Identification) Bill, 2022
which allow the collection, storage and analysis of physical and biological samples, including retina and iris scan, of the convicted, arrested and detained persons. The Bill was introduced by the MoS Home Ajay Kumar Mishra and will replace the Identification of Prisoners Act.
Under the proposed law, biological samples can be forcibly collected from the convicted or persons arrested for crimes against women or children, or in case the crime attracts a minimum of seven- year jail. They can also be taken on the order of a magistrate to aid probe.
During the debate on the Bill, the opposition MPs raised concern over data protection and possible misuse of the proposed law and voiced worries over violation of the citizen’s right to privacy and other fundamental rights.
Allaying the fears, Union Home Minister Amit Shah assured them of a fool-proof mechanism which is going to be technology driven to prevent any data leak. Shah said the Bill is to deal with the new age crime where the police will be steps ahead of the criminals.
Shah said moving ahead with time “we too will have to use database’’. The data, which will be stored in a protected hardware, will be shared with those who send samples (for matching). “We have to try to take criminal justice system to the next era,” Shah added. If required, amendments will be made.
Replying to another query regarding persons detained under any preventive law, Shah said they could refuse to give the samples. Also no narco-analysis or brain-mapping test would be conducted without the person’s consent. The reason for bringing this law, the minister said, is to improve the conviction rate.