XIII. Parliament passed the Criminal Procedure (Identification) Act, 2022 (the “Act”) in March 2022. The legislation enables police and central investigating agencies to collect, store and analyse the measurements of arrested persons. Until rules are notified, an Act cannot be implemented or come into force. On September 19, 2022, the Ministry of Home Affairs (the “MHA”) notified the Rules under the Act.
The Act empowers a Magistrate to direct any person to give measurements to the police, which till now was reserved for convicts and those involved in heinous crimes. It also enables police personnel of the rank of Head Constable or above to take measurements of any person who resists or refuses to give measurements when ordered to do so by a Magistrate. As per the Rules, “measurements” mean finger-impressions, palm-print, footprint, photographs, iris and retina scan, physical, biological samples and their analysis, behavioural attributes including signatures, and handwriting. Though it has not been specified, analysis of biological samples could also include DNA profiling.
However, the Rules state that measurements of those detained under preventive Sections of the Code of Criminal Procedure (“CrPC”) shall not be taken unless such person is at that time charged or under arrest in connection with any other offence punishable under any other law. Measurements can also be taken under the Rules if a person has been ordered to give security for his good behaviour for maintaining peace under Section 117 of the CrPC for a proceeding under that Section.
[Extracted, with edits and revisions, from “Explained — Rules for identifying criminals”, by Vijaita Singh, The Hindu]
The police release Bhargesh, but to ensure that he does not disturb the public peace, they ask the Magistrate to issue an order under Section 117 of the CrPC, directing Bhargesh to provide a security of 1,00,000/- for his good behaviour and to ensure he maintains the peace, which the Magistrate refuses. The police now tell Bhargesh he must provide them his iris and retina scans. Is Bhargesh required to do so?
Correct Answer :
Yes, since a person against whom an order has been issued under Section 117 of the CrPC can be made to give their measurements to the police.
Solution :
Correct Answer:
The correct option is: Yes, since a person against whom an order has been issued under Section 117 of the CrPC can be made to give their measurements to the police.
Step-by-Step Explanation:
1. Understanding the Legal Provision:
According to the Rules under the Criminal Procedure (Identification) Act, 2022, measurements (which include iris and retina scans) can be lawfully taken if a person has been ordered by a Magistrate to give security for maintaining peace and good behavior under Section 117 of the Code of Criminal Procedure (CrPC).
2. Application to the Case:
The passage explicitly specifies that proceedings under Section 117 of the CrPC serve as a valid legal basis under the Rules for requiring an individual to provide their measurements to law enforcement authorities.
3. Conclusion:
Therefore, under the framework of Section 117 of the CrPC as outlined in the Criminal Procedure (Identification) Rules, 2022, a person against whom such an order is applicable can be lawfully directed to submit their measurements.
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