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]
Bhargesh is later released by the police because they are unable to find enough evidence to make a strong case against him. On October 5, 2022, the police receive a complaint alleging that Bhargesh had beaten up his neighbour and caused the neighbour severe injuries. They ask the local Magistrate to issue an order directing Bhargesh to provide the police his blood samples, so that they can match them against some blood stains that were found on the neighbour’s clothes. The Magistrate issues the order, but Bhargesh refuses to provide the blood samples. Is Bhargesh bound to provide his blood samples to the police under the Act?
Correct Answer :
Yes, since the Magistrate had passed an order directing him to do so.
Solution :
Correct Answer: Yes, since the Magistrate had passed an order directing him to do so.
Step-by-Step Explanation:
1. Understanding the Legal Provision:
According to the passage, the Criminal Procedure (Identification) Act, 2022 empowers a Magistrate to direct any person to give measurements to the police. Furthermore, "measurements" under the notified Rules include physical and biological samples (and their analysis, which covers blood/DNA profiling).
2. Analyzing the Facts of the Case:
- The police requested the local Magistrate to issue an order directing Bhargesh to provide his blood samples.
- The Magistrate issued the order directing Bhargesh to provide the samples.
- Bhargesh refused to comply with the Magistrate's order.
3. Legal Application & Conclusion:
Since the Act explicitly grants authority to a Magistrate to direct any person to provide measurements (which include biological samples like blood), once the Magistrate passes a valid order, the individual (Bhargesh) is legally bound to comply with it. Therefore, Bhargesh is bound to provide his blood samples to the police because the Magistrate has issued a direct order to that effect.
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