The news is by your side.

Criminal Procedure Bill: A Potent Threat to Offenders

0 87

*Dr Ved Pratap Vaidik

The incumbent government at the Centre needs to be lauded for its initiative to bring in a new legislation, Criminal Procedure (Identification) Bill, 2022, in Parliament to replace the archaic Identification of Prisoners Act, 1920. The new Bill is designed to provide a flawless module to track and identify criminals. The Bill, recently introduced in Parliament, proposes the law enforcement agencies to adopt and employ effective methods to identify those who are arrested, convicted or even detained in custody. Presently the identification process and procedures are based on an Act promulgated by the then British Raj in 1920.

As per the century plus old earlier Act, to register the identity of the person in question finger prints, impressions of palms and feet were recorded. Other than these three details, the new Act authorizes the Police to collect and store finger-impressions, palm-print impressions, footprint impressions, photographs, iris and retina scan, physical, biological samples and their analysis, behavioural attributes including signatures, handwriting or any other examination deemed necessary. The Act authorises the Police to collect and keep in custody these details for 75 years.

When the Bill was introduced in Parliament the Opposition MPs were up in arms.  They argued that collecting such identity proofs amounted to violation of human rights and breach of privacy. The Opposition parties further contested that the provisions of the Act facilitated the Police to intrude into the privacy of those detained or taken into custody on false charges.  They accuse that the Act would make it easy for the Police to book those protesting against the government and collect all their private, personal and confidential details even if the alleged accused have no sorts of criminal antecedence.

Opposition members charged that the Bill not only violated Indian Constitution but it defied the United Nations Charter. The protest from the Opposition bench was so vociferous that the Bill had to be put for vote even for admission. However, the Bill has been introduced. But I fail to comprehend why our politicians are so much worried of their privacy.

Like that of the common citizens why the politicians’ life can’t and shouldn’t be an open book? If you are trying to hide something, doesn’t that suggest you are doing something unpleasant and objectionable?

More than that, criminals are employing multifarious modes for committing crimes and the century old, archaic Act is not sufficiently competent to combat the criminals of modern era.

So, why the Police should not be armed with an updated system to identify crimes and the criminals without hindrance and delay? Measures stipulated in the Bill are sure to make things difficult for habitual offenders who mange to dodge investigation and even justice. There is also a commendable provision in this Act that if you were not booked for any offence before and your innocence is proved in the court of law, all the identity details collected hitherto and stored by the Police will be summarily wiped out. Inshort, the intent of this Act is to apprehend the offenders at the earliest and not to harass or embarrass the innocent souls. 

*Dr. Vaidik is a widely travelled scholar-journalist. He has visited more than 80 countries on diplomatic and educationalmissions. Dr. Vaidik has won more than a dozen National and International awards for academic and journalistic excellence. He has been a member of several Advisory Committees of Government of India. 

Leave A Reply

Your email address will not be published.