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 arrested by the police on April 11, 2022, on suspicion of having committed a series of minor thefts. During their investigation, the police find some fingerprints at the crime scenes, and on April 12, 2022, they tell Bhargesh that he must provide his finger-impressions to them so that they can check whether they match the fingerprints from the crime scenes. When Bhargesh refuses, the police tell him that he has no choice but to provide his measurements, as the Act had been passed by Parliament the previous month. Was Bhargesh bound to provide his finger-impressions under the Act?
Correct Answer :
No, since the Rules had not yet been notified.
Solution :
Correct Answer: No, since the Rules had not yet been notified.
Step-by-step Explanation:
1. Analyzing the Legal Principle from the Passage:
The passage explicitly states an essential rule regarding the implementation of the Criminal Procedure (Identification) Act, 2022: "Until rules are notified, an Act cannot be implemented or come into force." Furthermore, the passage notes that the Ministry of Home Affairs (MHA) notified the Rules under the Act on September 19, 2022.
2. Analyzing the Facts of the Case:
• Bhargesh is arrested on April 11, 2022.
• The police demand his finger-impressions on April 12, 2022 under the authority of the Act passed in March 2022.
3. Applying the Principle to the Facts:
Although Parliament had passed the Act in March 2022, the necessary Rules for its implementation were not notified until September 19, 2022. On April 12, 2022 (when the police demanded Bhargesh's finger-impressions), the Act had not yet come into force or become enforceable because the Rules had not been notified. Therefore, the police could not legally compel Bhargesh to provide his measurements under the Act at that time.
Conclusion:
Bhargesh was not bound to provide his finger-impressions under the Act because the Rules had not yet been notified on April 12, 2022.
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