A magistrate can command those arrested or detained to provide their biometrics under the Criminal Procedure (Identification) Bill, 2022. Those who refuse to comply may face charges of impeding a public servant.
Digital Desk: The Criminal Procedure (Identification) Bill, 2022, was introduced in the Lok Sabha on Monday. the Bill intends to authorize the collection of biometric data, as well as "physical and biological samples," from convicts and those arrested or detained, for identification and investigation.
The Bill, proposed by State minister for Home Ajay Mishra Teni, was slammed by opposition parties, calling it "unconstitutional."
On the other hand, the government claimed that the proposed law was simply an "improved version" of the Identification of Prisoners Act, 1920, designed to improve investigation and conviction rates.
The Bill authorizes law enforcement agencies to collect biometrics such as the finger, palm, and footprint impressions, iris and retina scans, signatures, handwriting, and physical, biological samples from those arrested or detained.
The earlier Identification of Prisoners Act, 1920 limited the collection of fingers and footprints from a limited category of convicts and played its role after obtaining a magistrate's order.
A magistrate can order those convicted, arrested, or detained to provide their biometrics under the new Bill. Those who refuse may face charges under Section 186 of the Indian Penal Code for obstructing a public servant from carrying out their duties.
According to the proposed legislation, biometric data collected from undertrials and convicts by "advanced countries" has aided investigations and provided "credible and reliable results."
"The Act does not provide for taking these body measurements because many techniques and technologies are yet not developed." "It is therefore critical to include provisions for modern techniques to capture and record appropriate body measurements in place of the currently limited measurements," the Bill states.
After 120 MPs voted in favor and 58 voted against, the Bill was allowed to be tabled in Lok Sabha.
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