Comprehension
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 (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]
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]
Question: 1
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?
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?
Updated On: Jul 9, 2024
- No, since Bhargesh had only been arrested, and not convicted.
- Yes, since Bhargesh was under arrest.
- No, since the Rules had not yet been notified.
- Yes, since finger-impressions are included within the definition of “measurements” under the Act.
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The Correct Option is C
Solution and Explanation
The correct option is (C): No, since the Rules had not yet been notified.
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Question: 2
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?
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?
Updated On: Jul 9, 2024
- Yes, since the crime that Bhargesh was accused of was very serious.
- Yes, since the Magistrate had passed an order directing him to do so.
- Yes, since Bhargesh had already been arrested in connection with another crime in the past.
- Yes, since the police needed the blood samples to verify Bhargesh’s involvement in the crime.
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The Correct Option is B
Solution and Explanation
The correct option is (B): Yes, since the Magistrate had passed an order directing him to do so.
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Question: 3
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?
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?
Updated On: Jul 9, 2024
- No, since he was not charged or under arrest in connection with any other offence at the time.
- No, since that would violate Bhargesh’s right to privacy.
- Yes, since the police had detained Bhargesh under a preventive Section of the CrPC
- Yes, since there was a high likelihood that Bhargesh would disturb the public peace on a festival day.
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The Correct Option is A
Solution and Explanation
The correct option is (A): No, since he was not charged or under arrest in connection with any other offence at the time.
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Question: 4
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?
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?
Updated On: Jul 9, 2024
- Yes, since Bhargesh had been detained under a preventive section of the CrPC
- 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.
- No, the Magistrate had issued an order directing him to provide his photographs to the police
- No, since the police constable was only performing his duty.
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The Correct Option is B
Solution and Explanation
The correct option is (B): 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.
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Question: 5
The police release Bhargesh, but to ensure that he does not disturb the public peace, they ask the Magistrate to issue an order under Section 117 of the CrPC, directing Bhargesh to provide a security of \(₹\)1,00,000/- for his good behaviour and to ensure he maintains the peace, which the Magistrate refuses. The police now tell Bhargesh he must provide them his iris and retina scans. Is Bhargesh required to do so?
The police release Bhargesh, but to ensure that he does not disturb the public peace, they ask the Magistrate to issue an order under Section 117 of the CrPC, directing Bhargesh to provide a security of \(₹\)1,00,000/- for his good behaviour and to ensure he maintains the peace, which the Magistrate refuses. The police now tell Bhargesh he must provide them his iris and retina scans. Is Bhargesh required to do so?
Updated On: Jul 9, 2024
- No, since a person against whom an order has been issued under Section 117 of the CrPC cannot be made to give their measurements to the police.
- Yes, since a person against whom an order has been issued under Section 117 of the CrPC can be made to give their measurements to the police.
- Yes, since Bhargesh had been detained under other preventive sections of the CrPC in the past.
- No, since the Magistrate had not issued the order.
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The Correct Option is D
Solution and Explanation
The correct option is (D): No, since the Magistrate had not issued the order.
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