President of India Ramnath Kovind on Monday gave his assent to the Criminal Procedure (Identification) Bill and the Delhi Municipal Corporation (Amendment) Bill..Following this development, the Central government notified the two Acts in the official gazette on April 18. Both Bills were introduced and passed in the recently-concluded Budget Session of Parliament.The Criminal Procedure (Identification) Act, 2022 will allow the National Crime Records Bureau (NCRB) to collect and store biological samples of detenus and convicts.The Delhi Municipal Corporation (Amendment) Act, 2022 paves the way for merging of the national capital's three municipal corporations..Criminal Procedure (Identification) Act.The Act grants legal sanction for collection of body measurements towards making investigations more efficient and expeditious, apart from helping increase the conviction rate. Measurements here have been defined as including finger-impressions, palm-print impressions, foot-print impressions, photographs, iris and retina scan, and physical, biological samples. The same would be analysed along with behavioural attributes including signatures, handwriting or other such markers stated in Section 53 and 53A of the Code of Criminal Procedure (CrPC).The Statement of Objects and Reasons of the Bill states that it was considered necessary to expand the ‘ambit of persons’ whose measurements can be taken to help investigating agencies gather "sufficient legally admissible evidence" and establish crimes committed by any accused. Those whose measurements can be collected include those convicted for offences, persons ordered to give security for their good behaviour or towards maintaining peace under Section 117 of the CrPC, and those arrested in connection with an offence or under any preventive detention law.With an exception for those apprehended for offences against women or children or for offences where the imprisonment is more than seven years, no one can be obliged to share their samples, the Act states. However, Section 6(2) of the Act states that refusal to allow the taking of measurements shall be deemed to be an offence under Section 186 of the Indian Penal Code (voluntarily obstructing any public servant in the discharge of his public functions).The NCRB can collect the record of measurements in this regard from states and union territories and store, preserve and destroy the same at the national level, apart from sharing them with any law enforcement agency. Further, if magistrates feel that the collection such samples is warranted under the CrPC in a case, they may make an order to that effect.Head constables and police officers above that rank are authorised to record the measurements as stated. Authorities are empowered to take the samples in any manner prescribed from those resisting the same.The opposition argued that it violates the fundamental right to privacy, a valid concern given that India still does not have a data privacy law in place..Be Good: The underlying mandates and implications of the Criminal Procedure (Identification) Bill, 2022.Delhi Municipal Corporation (Amendment) Act.The Union Cabinet had last month approved the Bill to merge Delhi's three municipal corporations into a single entity, and the same was passed by both houses of Parliament. Civic polls in Delhi, due to be held in mid-April, were deferred by the State Election Commission (SEC) on account of this Bill. The Municipal Corporation of Delhi was trifurcated in 2012. The three civic bodies at present - the North, South and East Delhi Municipal Corporations - are spread across 272 wards with three commissioners, 66 heads of departments, and three mayoral officers. The new Act will now pave the way for a fresh delimitation of wards as the number has now been capped at 250. .[Read notifications]
President of India Ramnath Kovind on Monday gave his assent to the Criminal Procedure (Identification) Bill and the Delhi Municipal Corporation (Amendment) Bill..Following this development, the Central government notified the two Acts in the official gazette on April 18. Both Bills were introduced and passed in the recently-concluded Budget Session of Parliament.The Criminal Procedure (Identification) Act, 2022 will allow the National Crime Records Bureau (NCRB) to collect and store biological samples of detenus and convicts.The Delhi Municipal Corporation (Amendment) Act, 2022 paves the way for merging of the national capital's three municipal corporations..Criminal Procedure (Identification) Act.The Act grants legal sanction for collection of body measurements towards making investigations more efficient and expeditious, apart from helping increase the conviction rate. Measurements here have been defined as including finger-impressions, palm-print impressions, foot-print impressions, photographs, iris and retina scan, and physical, biological samples. The same would be analysed along with behavioural attributes including signatures, handwriting or other such markers stated in Section 53 and 53A of the Code of Criminal Procedure (CrPC).The Statement of Objects and Reasons of the Bill states that it was considered necessary to expand the ‘ambit of persons’ whose measurements can be taken to help investigating agencies gather "sufficient legally admissible evidence" and establish crimes committed by any accused. Those whose measurements can be collected include those convicted for offences, persons ordered to give security for their good behaviour or towards maintaining peace under Section 117 of the CrPC, and those arrested in connection with an offence or under any preventive detention law.With an exception for those apprehended for offences against women or children or for offences where the imprisonment is more than seven years, no one can be obliged to share their samples, the Act states. However, Section 6(2) of the Act states that refusal to allow the taking of measurements shall be deemed to be an offence under Section 186 of the Indian Penal Code (voluntarily obstructing any public servant in the discharge of his public functions).The NCRB can collect the record of measurements in this regard from states and union territories and store, preserve and destroy the same at the national level, apart from sharing them with any law enforcement agency. Further, if magistrates feel that the collection such samples is warranted under the CrPC in a case, they may make an order to that effect.Head constables and police officers above that rank are authorised to record the measurements as stated. Authorities are empowered to take the samples in any manner prescribed from those resisting the same.The opposition argued that it violates the fundamental right to privacy, a valid concern given that India still does not have a data privacy law in place..Be Good: The underlying mandates and implications of the Criminal Procedure (Identification) Bill, 2022.Delhi Municipal Corporation (Amendment) Act.The Union Cabinet had last month approved the Bill to merge Delhi's three municipal corporations into a single entity, and the same was passed by both houses of Parliament. Civic polls in Delhi, due to be held in mid-April, were deferred by the State Election Commission (SEC) on account of this Bill. The Municipal Corporation of Delhi was trifurcated in 2012. The three civic bodies at present - the North, South and East Delhi Municipal Corporations - are spread across 272 wards with three commissioners, 66 heads of departments, and three mayoral officers. The new Act will now pave the way for a fresh delimitation of wards as the number has now been capped at 250. .[Read notifications]
