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]
Two days later, the police obtain an order from the Magistrate directing Bhargesh to provide them his photographs. As Bhargesh continues to refuse to provide his photographs, a regular police constable forces him to stand still and takes his photographs. Bhargesh files a case in court, claiming that the constable’s actions violate the Act. Will he succeed?
Correct Answer :
Yes, since only police personnel of the rank of Head Constable or above can take measurements of any person who resists or refuses to give measurements when ordered to do so by a Magistrate.
Solution :
Correct Option: Yes, since only police personnel of the rank of Head Constable or above can take measurements of any person who resists or refuses to give measurements when ordered to do so by a Magistrate.
Step-by-Step Explanation:
1. Analyzing the legal provisions given in the passage:
According to the provided text, the Criminal Procedure (Identification) Act, 2022 empowers a Magistrate to direct any person to give measurements to the police. However, when a person resists or refuses to give measurements upon being ordered to do so by a Magistrate, the Act specifically enables only police personnel of the rank of Head Constable or above to take such measurements forcefully.
2. Applying the provisions to the factual scenario:
- The Magistrate issued an order directing Bhargesh to provide his photographs.
- Bhargesh refused to comply with the Magistrate's order.
- A regular police constable (who is below the rank of Head Constable) forced Bhargesh to stand still and took his photographs.
3. Conclusion:
Since Bhargesh resisted/refused the order, only a police officer of the rank of Head Constable or above was authorized to take his measurements by force. Because a regular constable executed this action in violation of the rank requirement specified under the Act, Bhargesh will succeed in his court claim.
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