The Criminal Procedure (Identification) Act, 2022

Summary of The Criminal Procedure (Identification) Act, 2022
Purpose
• To facilitate the collection of identification records for criminal investigation and proceedings.
• To establish a framework for the management of such records.
Key Provisions
1. Scope and Application
• Applies broadly to individuals involved in criminal proceedings, including convicts, those on security for good behavior, and arrestees.
2. Definitions and Measurements
• Measurements: Encompasses a wide range of biometric (e.g., fingerprints, iris scans) and physical identifiers.
• Authorities Involved: Defines roles for Magistrates, Police Officers, and Prison Officers.
3. Collection and Management of Records
• Centralized Management: Under the National Crime Records Bureau.
• Retention Period: Records are retained for an extended period (specific duration not detailed in the new context but implied as significant).
4. Legal Protections and Offences
• Good Faith Actions: Protected against legal proceedings.
• Resistance to Measurement: Constitutes an offence.
• Governance: Powers for rule-making and resolving operational difficulties are vested in the Government.
Structure and Focus
• Core Provisions: Focus on the collection, storage, and legal aspects of identification measurements.
• Emphasis on Biometric Data: Reflects a modern approach to criminal identification and investigation.

Legislative History:
The Criminal Procedure (Identification) Act, 2022

Source: India Code Official Repository and Ministry of Home Affairs Official Records

Short Title - The Criminal Procedure (Identification) Act, 2022
Act Number / Year - Act No. 11 of 2022
India Code Act ID - 2022-11
Introduced In - Parliament (Lok Sabha as The Criminal Procedure (Identification) Bill, 2022)
Presidential Assent Date - April 18, 2022
Official Gazette Publication - April 18, 2022 (Extraordinary Gazette Part II, Section 1)
Enforcement Date - August 4, 2022 (vide Gazette Notification No. S.O. 3653(E))
Nodal Ministry - Ministry of Home Affairs (Department of Internal Security)
Statutory Predecessor Framework - Repealed and replaced the colonial-era Identification of Prisoners Act, 1920 (Act No. 33 of 1920).

Precedent & Statutory Rationale
• Modernization and Technological Alignment:
The 1920 colonial law was heavily restricted to collecting baseline fingerprints, foot-print impressions, and photographs. The 2022 Act modernized identification techniques to match global investigative standards by incorporating advanced digital, biometric, and biological metrics.
• Expanded Definition of "Measurements":
Broadened the scope of data collection to include finger-impressions, palm-print impressions, foot-print impressions, photographs, iris and retina scans, physical and biological samples along with their analysis, and behavioral attributes including signatures and handwriting.
• Broadened Applicability & Centralized Data Repository:
Expanded the framework to authorize data collection not only from convicts but also from persons detained under preventive detention laws and individuals arrested for any punishable offence. Furthermore, it authorized the National Crime Records Bureau (NCRB) to store, process, and preserve these records digitally at a national level for up to 75 years.

Parliamentary Trajectory & Enactment
• Formulation: Drafted and piloted by the Ministry of Home Affairs to upgrade investigative capabilities and address recommendations made by various committees (such as the Malimath Committee on reforms in the criminal justice system).
• Parliamentary Passage: Introduced in the Lok Sabha on March 28, 2022; debated and passed by the Lok Sabha on April 4, 2022, and subsequently passed by the Rajya Sabha on April 6, 2022.
• Presidential Assent: Received formal Presidential Assent on April 18, 2022, entering the statute book as Act No. 11 of 2022.
• Enforcement: Formally brought into operational force across India on August 4, 2022, via Official Gazette notification.