Govt introduces Criminal Procedure (Identification) Bill in Lok Sabha
By MYBRANDBOOK
The government introduced Criminal Procedure (Identification) Bill in the Lok Sabha to provide legal sanction to the police to take physical and biological samples of convicts as well as persons accused of crimes.
However, the opposition dubbed the measure as “illegal” and “unconstitutional” but got defeated as only 58 members were against it, while 120 members voted in favour of introduction of the bill.
Union Minister of State Ajay Mishra ‘Teni’ introduced the bill, claiming that the move was required to make provisions for the use of modern techniques to capture and record appropriate body measurements. The minister pointed out that the existing law — the Identification of Prisoners Act — allowed taking only fingerprint and footprint impressions of a limited category of convicted persons.
The bill seeks to expand the scope of the “measurements” that can be taken under the law as it will help in unique identification of a person involved in crime and help investigating agencies in solving criminal cases. It also defines “measurements” to include finger impressions, palm print and foot-print impressions, photographs, iris and retina scan, physical, biological samples and their analysis.
Opposition member Manish Tewari said the move to introduce the bill was in exemption of both Article 20, Sub-Article 3 and Article 21 of the Constitution of India. He said Article 20, Sub-Article 3 explicitly states that no person accused of any offence shall be compelled to be a witness against himself.
Tewari feared that the words “biological samples and their analysis” mentioned in the bill could lead to narco analysis and brain mapping. He said the implied use of force to take measurements violates the rights of prisoners violates a catena of Supreme Court judgements.
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