AIM & OBJECT OF THE ACT

This Act aims to replace the Identification of Prisoners Act 1920. In the 1980s, the Law Commission of India, in its 87th report, had recommended significant changes to the existing law.

The object of the act is to take measurements of convicts and other persons for the purposes of identification and investigation in criminal matters and to preserve records and for matters connected therewith and incidental thereto.

IMPORTANT PROVISIONS OF THE ACT

Section 2 (b) of the act defines "measurements" which includes finger-impressions, palm-print impressions, foot-print impressions, photographs, iris and retina scan, physical, 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, 1973.

Section 3 of the act provides that,  Any person, who has been, convicted of an offence punishable under any law , ordered to give security for his good behaviour or maintaining peace under section 117 of the Code of Criminal Procedure, 1973 for a proceeding under section 107 or section 108 or section 109 or section 110 of the said Code; or  arrested in connection with an offence punishable under any law for the time being in force or detained under any preventive detention law, shall be required to allow his measurement to be taken by a police officer or a prison officer .

As per Section 4, the National Crime Records Bureau (NCRB) has been the nodal agency to store the physical and biological samples, signatures and handwriting data. The act allows NCRB to preserve the data for at least 75 years. The NCRB has also been empowered to share the records with other law enforcement agencies.

Section 6 penalises the person who will resist or refuse to allow the taking of measurements and this shall be deemed to be an offence under section 186 of the Indian Penal Code.

Section 8 empowers the Central Government or the State Government to make rules for carrying out the purposes of the Act

WHAT IS THE SIGNIFICANCE OF THIS ACT?

• The highlight of the new act is that it has provisions for using modern technologies and procedures to capture and record appropriate body measurements. The existing law only allowed authorities to take only fingerprint and footprint impressions of a limited category of convicted persons.
• The new act also expands the “ambit of persons” whose measurements can be collected will help the investigating agencies to obtain necessary legally admissible evidence and establish the crime of the accused person.
• The act will minimise the threat from organised crime, cybercriminals and terrorists who are proficient in identity theft and identity fraud. The act will help to check serious national and global threats posed by them.