Daily Current Affairs : 30-October-2023

The Criminal Procedure (Identification) Act (CrPI) has gained attention for its potential to revolutionize law enforcement techniques in India. This legislation empowers police and central investigating agencies to collect, store, and analyze physical and biological samples, including retina and iris scans, of arrested individuals.

Key Details:
  • The Act, still in the process of full implementation, awaits guidelines and Standard Operating Procedures (SOP) from the National Crime Records Bureau (NCRB), operating under the Union Ministry of Home Affairs.
Need for the Legislation:
  • CrPI Act replaced the outdated Identification of Prisoners Act, 1920, broadening the scope to include modern techniques for capturing body measurements.
  • The Act addresses the limitations of the previous law, allowing for more comprehensive identification methods beyond fingerprinting and photographs.
Role of the NCRB:
  • NCRB oversees the storage, processing, sharing, dissemination, and destruction of records of measurements.
  • Impressions taken at any police station are stored in a centralized NCRB database, accessible to authorized police and prison officials nationwide.
  • The NCRB prescribes equipment specifications, handling methods, and IT systems for measurement data, expanding the scope to skilled individuals and medical practitioners.
Status on the Ground:
  • Police are trained in recording finger impressions via the National Automated Fingerprint Identification System (NAFIS), integrated with state police databases.
  • NAFIS assigns a unique National Fingerprint Number (NFN) to arrested suspects, facilitating countrywide searches for matching crime scene fingerprints.
Challenges:
  1. Violation of Fundamental Rights:
    • Concerns about privacy violations emerged during parliamentary debates, especially with plans to include DNA samples and facial-recognition technology.
  2. Destruction of Data:
    • The responsibility of data destruction falls on individuals falsely implicated or acquitted. This raises concerns, especially for marginalized individuals lacking legal access.
    • The provision should align with the Right to be Forgotten concept and not solely rely on the Nodal Officer’s discretion.
  3. Undefined Data Collection:
    • Lack of clear definitions for the type of DNA samples collectible raises questions about proper training and secure storage, especially in specific cases like those under the POCSO Act.
Important Points:
  • Key Details:
    • Act implementation pending, awaiting guidelines and SOP from the National Crime Records Bureau (NCRB).
  • Need for the Legislation:
    • Replaced the outdated Identification of Prisoners Act, 1920.
    • Allows modern techniques for comprehensive identification beyond fingerprints and photographs.
  • Role of the NCRB:
    • Oversees storage, processing, sharing, and dissemination of measurement records.
    • Centralized NCRB database accessible to authorized police and prison officials nationwide.
  • Status on the Ground:
    • Police trained in recording finger impressions via National Automated Fingerprint Identification System (NAFIS).
    • NAFIS assigns unique National Fingerprint Number (NFN) for arrested suspects, aiding countrywide searches.
  • Challenges:
    • Violation of Fundamental Rights:
      • Concerns about privacy violations due to inclusion of DNA samples and facial-recognition technology.
    • Destruction of Data:
      • Responsibility of data destruction on individuals falsely implicated or acquitted raises concerns, especially for marginalized individuals.
      • Need for alignment with the Right to be Forgotten concept.
    • Undefined Data Collection:
      • Lack of clear definitions for DNA sample collection, raising questions about training and secure storage, especially in specific cases under the POCSO Act.
Why In News

The Criminal Procedure (Identification) Act (CrPI) empowers police and central investigating agencies to collect, store, and analyze physical and biological samples, including retina and iris scans, of arrested persons, ensuring the utilization of advanced technology for accurate identification and investigation processes. Additionally, this legislation plays a crucial role in safeguarding public safety and maintaining law and order in society.

MCQs about Criminal Procedure (Identification) Act

  1. Who is responsible for implementing the CrPI Act guidelines and SOP in India?
    A. National Automated Fingerprint Identification System (NAFIS)
    B. State Police Departments
    C. National Crime Records Bureau (NCRB)
    D. Ministry of Justice
    Correct Answer: C. National Crime Records Bureau (NCRB)
    Explanation: The NCRB is responsible for implementing the guidelines and SOP for the CrPI Act in India.
  2. What major challenge does the CrPI Act face concerning data destruction?
    A. Data destruction is handled automatically by the system
    B. Responsibility of destruction falls on individuals falsely implicated or acquitted
    C. Data cannot be destroyed once collected
    D. Data destruction is decided by local police departments
    Correct Answer: B. Responsibility of destruction falls on individuals falsely implicated or acquitted
    Explanation: The CrPI Act places the responsibility of data destruction on individuals falsely implicated or acquitted, raising concerns, especially for marginalized individuals lacking legal access.
  3. What is the role of NAFIS in the context of the CrPI Act?
    A. Assigning unique identification numbers to all citizens
    B. Storing measurements of arrested individuals
    C. Providing guidelines for DNA sample collection
    D. Issuing passports
    Correct Answer: B. Storing measurements of arrested individuals
    Explanation: NAFIS assigns a unique National Fingerprint Number (NFN) to arrested suspects, aiding in the storage and matching of fingerprints.

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