Central government notifies Criminal Procedure (Identification) Rules, 2022

The Union Ministry of Home Affairs on Monday notified the Criminal Procedure (Identification) Rules, 2022 to incorporate safeguards against possible misuse of the Criminal Procedure (Identification) Act, notified on April 18, 2022..The Act grants legal sanction for collection of body measurements towards making investigations more efficient and expeditious, apart from helping increase the conviction rate, and the Rules outline the procedure for collection of these measurements.In the Act, "measurements" have been defined as including finger-impressions, palm-print impressions, foot-print impressions, photographs, iris and retina scans, and physical, biological samples. The same would be analysed along with behavioural attributes including signatures, handwriting or other such markers stated in Section 53 and 53A of the Code of Criminal Procedure (CrPC)..The following safeguards have been incorporated in the Rules to prevent possible misuse of the Act:Measurements of a person arrested in connection with an offence under Chapter IXA or Chapter X of the Indian Penal Code (IPC) must be taken with the prior written consent of a police officer not below the rank of Superintendent of Police.Measurements of persons charged with violation of prohibitory orders under Sections 144 and 145 or arrested under Section 151 of CrPC shall not be taken unless they are charged or arrested in connection with another offence.Measurements of a person shall not be taken upon the commencement of a proceedings under Section 107, 108, 109, or 110 of the CrPC unless such person has been ordered to give security for his good behaviour or maintaining peace under Section 117 CrPC..Rule 4 states that if any person who is required to allow the measurements to be taken under the Act resists or refuses to allow taking of such measurements, the authorised user shall take the measurements in accordance with the provisions of Sections 53 (examination of accused by medical practitioner) and 53A (examination of person accused of rape by medical practitioner) CrPC..The Rules also provide that the record of measurements will be stored in a secure and encrypted format as per the standard operating procedure devised by the National Crime Records Bureau (NCRB). Rule 5(6) provides that any act of unauthorised access, distribution or sharing of data collected under the Act shall be punishable as per the provisions of the Indian Penal Code, 1860 and the Information Technology Act, 2000..The Act has come under criticism for curbing the dignity and privacy of accused persons, especially at a time when India lacks a data protection law. The legislation is under challenge before the Madras High Court as well as the Delhi High Court, where petitioners have contended that it is illegal and unconstitutional. Both Courts have sought a response from the Central government..Be Good: The underlying mandates and implications of the Criminal Procedure (Identification) Bill, 2022.[Read Notification]