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]
On October 15, 2022, the police detain Bhargesh under a preventive Section of the CrPC, since they believe that he had plans to disturb the public peace during a festival day. They then tell Bhargesh that he must provide his measurements to them for their records. Bhargesh refuses again. Is Bhargesh bound to provide his photographs to the police under the Act?
Correct Answer :
Yes, since the police had detained Bhargesh under a preventive Section of the CrPC.
Solution :
The correct option is No, since he was not charged or under arrest in connection with any other offence at the time.
Step-by-Step Explanation:
1. Analyze the Rules Regarding Preventive Detention:
According to the passage, the Criminal Procedure (Identification) 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."
2. Apply the Rule to the Factual Scenario:
- Bhargesh was detained under a preventive Section of the CrPC to maintain public peace during a festival day.
- There is no mention or indication that Bhargesh was charged or under arrest in connection with any other offence at that time.
- Because he was only detained under a preventive provision and not charged or under arrest for any other offence, the explicit exception applies, prohibiting the police from taking his measurements (which includes photographs).
3. Conclusion:
Therefore, Bhargesh is not bound to provide his measurements/photographs to the police. Thus, the correct choice is No, since he was not charged or under arrest in connection with any other offence at the time.
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