Lok Sabha passes Criminal Procedure (Identification) Bill
On Monday the Lok Sabha passed the Criminal Procedure (identification) bill, 2022, by voice vote. The Identification prisoners act, of 1920 has sought to repeal and allow the collection, storage and analysis of physical and biological samples including iris and retina scans of the arrested, convicted and detained persons. Union Home Minister Amit Shah responded to the debate on the proposed law and said its sole objective was to improve the conviction rate in the country, protect all the human rights of crores of law-abiding citizens and send a strong message to the society.
No misuse has been brought, he added. Other opposition members urged the government to send the bill to the parliament or to the committee to discuss in detail what changes should be made. According to the National Crime Bureau (NCRB) 2020, the overall conviction rate in rape cases is 39%, 44% for murder, 24% for attempted murder, 29% for dacoity, and 38% for robbery cases said the Home Minister. The average conviction rate in the United Kingdom was 83.6%, for Canada it was 68%, in South Africa 82 %, in Australia 97% and 93% in the United States. The Bill sought to equip the police with the necessary resources for securing a conviction in the court said the Home Minister. He also said that the proposed law which was implemented by him the "T" of Prime Minister Narendra Modi’s call's SMART [ Strict and Sensitive, Modern and Mobile, Alert and Accountable, Reliable and Responsive, Techno savvy and Trained ]
The Opposition members expressed concern over the issues of data protection, possible misuse of the proposed law, violation of fundamental rights like the right to privacy and other fundamental rights during the debate on the bill. Mr Shah assured everyone that a technology-driven foolproof mechanism to secure them from any data leak or misuse. The data access would be query bases, he said. Mr Shah said that they would be addressed while formulating the rules. He also added that if required, he would bring amendments. Replying to all the queries about those detained under any preventive, such person could not be forced to give any samples, he said. However, if they want they can offer their samples. Biological samples can also be forcibly collected from the convicted or persons who are arrested for the crime of women, children, or crime that attracts a minimum of seven years in jail. They could also be taken to the magistrate to aid the investigation.
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