Criminal Procedure (Identification) Bill, 2022, was introduced in the Lok Sabha on 28 March 2022.
The Bill was introduced by Union Minister of State for Home Affairs Ajay Mishra
The bill authorizes the police and prison authorities to collect, store and analyse physical and biological samples,including retina and iris scans.
Persons arrested in connection with an offence punishable under any law for the time being in force or detained under any preventive detention law shall come under the purview of the bill.
According to the bill, National Crime Records Bureau shall, in the interest of prevention, detection, investigation and prosecution of any offence under any law for the time being in force,—
(a) collect the record of measurements from State Government or Union territory Administration or any other law enforcement agencies;
(b) store, preserve and destroy the record of measurements at national level;
(c) process such records with relevant crime and criminal records; and
(d) share and disseminate such records with any law enforcement agency, in such manner as may be prescribed.
The record of measurements shall be retained in digital or electronic form for a period of seventy-five years from the date of collection of such measurement.
The bill prevents further legal proceedings against any person for anything done, or intended to be done in good faith.
The Identification of Prisoners Act, 1920 was enacted to authorise the taking of measurements and photographs of convicts and other persons. The term “measurements” used in the said Act is limited to allow for taking of finger impressions and foot-print impressions of limited category of convicted and non-convicted persons and photographs on the order of a Magistrate.
History of Crime Records in India
Police Commission of 1860
The commission was set up shortly after the revolt of 1857. The commission recommends collection of information of police establishments but there is no direct reference to the criminal records and details.
The necessity for reform in police administration, however, was not confined to the Punjab, and in August 1860 the Government of India appointed a Commission to inquire into the whole question of police administration in British India and to submit proposals for increasing the efficiency and reducing the excessive expenditure. This Commission recommended the abolition of the military police as a separate organization, and the constitution of a single homogeneous force of civil constabulary for the performance of all duties, which could not properly be assigned to the military arm.
The objects of those instructions appeared to be two fold, namely :-
First – That we should collect and collate information regarding all the existing Police Establishments.
Second — That we should suggest reforms and improvements in general accordance with certain principles laid down.
Police Commission in 1902-03
Lord Curzon set up a Police Commission in 1902-03.
Andrew H. L. Fraser was the Chairman of the commission.
As per the recommendations of the commission Criminal Investigation Departments (CIDs) were established.
The purpose seemed to have been to track better the growing nationalistic activities: CIDs remained almost unchanged till independence.
This Commission, for the first time, introduced standard police forms and registers for information documentation at the level of Police Station and District which were uniformly adopted throughout the country. The commission also recommends appointment of Indians at higher levels in police departments.
The Commission is strongly convinced of the impossibility of carrying on an efficient police administration by means of official policemen only. It is absolutely essential to secure the aid of the village community. This is necessary from the purely Government point of view: it is impossible to support the expanse of a force which would be adequate to obtain information regarding crime over the extensive area and among the vast population of India, without securing the co-operation and enforcing the responsibility ofPolice Commission Recommendations 1902-1903.
the village authorities
National Police Commission – 1977.
Accepting the recommendations of the National Police Commission – 1977, the Ministry of Home Affairs constituted a Task Force in 1985 to work out the modalities for setting up of the National Crime Records Bureau (NCRB). The Government accepted the recommendations of the Task Force and constituted the NCRB with headquarters at New Delhi in January, 1986.
The following objectives were set for the NCRB:
- To function as a clearing house of information on crime and criminals including those operating at National and International levels so as to assists the investigators, and others in linking crimes to their perpetrators.
- To store, coordinate and disseminate information on inter-state and international criminals from and to respective States, national investigating agencies, courts and prosecutors in India without having to refer to the Police Station records.
- To collect and process crime statistics at the National level.
- To receive from and supply data to penal and correctional agencies for their tasks of rehabilitation of criminals, their remand, parole, premature release etc.
- To coordinate, guide and assist the functioning of the State Crime Records Bureaux
- To provide training facilities to personnel of the Crime Records bureaux, and
- To evaluate, develop and modernise crime Records Bureaux Executive and develop computer based systems for the Central Police Organisations – and also cater to their data processing and training needs for computerization.
- To function as the National storehouse of fingerprint (FP) records of convicted persons including FP records of foreign criminals.
- To help trace inter state criminals by fingerprint search.
- To advise Central and State Governments on matters related to fingerprints and footprints, and to conduct training courses for finger print experts.