All you need to know about Criminal Procedure (Identification) Act, 2022

The Criminal Procedure (Identification) Act of 2022 became law on April 18, 2022, upon receiving the high court criminal lawyers in bangalore President’s assent, replacing the Identification of Prisoners Act, 1920, a colonial era law.

The new Act allows the police and prison authorities to collect, analyse, and store physical and biological samples, including retina and iris samples of the convicted. The old act is limited to the collection of fingerprints, foot impressions, and photographs of the convict. The advancement in technology and scientific techniques used in criminal investigation is the main reason for the formation of new acts.

All about Prisoner’s Act, 1920
The Identification of Prisoners Act, 1920, is applicable to the entire country except for the territories that were part of the Part B States before November 1, 1956.
In this Act, measurements include fingerprints and footprints.
Persons who have been sentenced for a year or more and persons who have been ordered to give security for maintaining peace or good behaviour under Cr.P.C. have to provide measurements.
A police/ prison officer can take measurements from such people.
Refusal to provide measurements is an offence under Section 186 of the Indian Penal Code.

If a person who has not been previously convicted of an offence punishable with imprisonment for one year or more is released without trial or acquitted, all the measurements and photographs taken must be destroyed unless the court, the District Magistrate, or Sub-Divisional Officer directs otherwise.
The state government has the authority to make rules.

Criminal Procedure (Identification) Act, 2022
The Criminal Procedure (Identification) Act, 2022 seeks to collect ‘measurements’ from certain classes of persons and further allows for their processing, storage, preservation, dissemination, and destruction with the aim of identification and investigation in criminal matters and for the prevention of crimes.

Measurements include:

Finger-impressions,
Palm-print impressions,
Foot-print impressions, photographs,
Iris and retina scan,
Physical and biological samples and their analysis,
Behavioural attributes, including signatures, handwriting, or any other examination referred to in Section 53 or Section 53A of the Code of Criminal Procedure of 1973.

Section 53 of the 1973 Code of Criminal Procedure includes the examination of blood, blood stains, semen, swabs in cases of sexual offences, sputum and sweat, hair samples, and fingernail clippings by the use of modern and scientific techniques, including DNA profiling and such other tests as:

Section 53A of the Code of Criminal Procedure of 1973 includes knowing the:

Name and address of the accused and of the person by whom he was brought,
age of the accused,
marks of injury, if any, on the person of the accused,
description of material taken from the person of the accused for DNA profiling, and
other material particulars in reasonable detail.