Rajya Sabha Passes Criminal Procedure Bill, Law Will Give More Power To Investigating Agencies
Rajya Sabha passed the bill by a voice vote after Shah allayed concerns raised by the opposition which claimed that the draft law was draconian.
New Delhi: Union Home Minister Amit Shah on Wednesday tabled the 'Criminal Procedure (Identification) Bill 2022' for consideration and passing in Rajya Sabha.
According to reports, the Rajya Sabha passed the bill by a voice vote after Shah allayed concerns raised by the opposition which claimed that the draft law was draconian.
The Bill seeks to authorise for taking measurements of convicts and other persons for the purposes of identification and investigation in criminal matters and to preserve records and for matters connected therewith and incidental thereto.
It was passed in Lok Sabha earlier this week, on April 4.
While presenting the bill, Shah said that in today's time it seems that the old law is not enough. He also told the House that the Law Commission has given its recommendation.
Shah said the bill has been brought in to ensure that police and investigators remain two steps ahead of criminals. He said the biometric data of political detainees will not be collected if they have been detained during participation in any agitation.
"I want to assure that this is not going to violate the privacy of anyone," Shah said.
He said that the data collected will remain completely secure and the government will make sure there are no loopholes in the bill that can lead to the violation of privacy and human rights.
Meanwhile, criticising the bill, former Finance Minister and Congress leader P Chidambaran said, "I am sad that this bill is breaking the Constitution. No suggestion has been taken. My colleagues are constantly talking about sending this bill to the select committee, there is nothing wrong with that. We have waited 102 years, why can't you wait for 102 days."
According to reports, the Bill provides a legal sanction to Police to obtain physical and biological samples of convicts and detainees for investigation in criminal matters.
While tabling the Bill in Lok Sabha, Shah asserted it will act as a defender of the human rights of law-abiding citizens.
The bill, which seeks to replace the Identification of Prisoners Act, 1920, was passed by a voice vote after Shah assuaged the concerns raised by the Opposition, which claimed the draft law was "draconian" and could convert India into a "police state".
Shah had also said that people arrested for an offence, except for those committed against women and children, or for which the punishment is not less than seven years in jail, may not be obliged to allow collection of their biological samples.
Shah, in Lok Sabha, had also said that the Modi government does not believe in investigation with the help of "third degree methods" but through modern technology, database and information.
"There is a need to have a balance in the country. Along with individual rights, we will have to think about society's rights as well, and ensure a balance between the two," he pointed out.
While the Bill was discussed in Lok Sabha, members voiced concern over the broad provisions in the draft legislation that empowers a head constable of a police station or a head warden of a jail to take measurements of convicts as well as those in preventive detention.
Trinamool member Mahua Moitra said the Bill sought to replace the Identification of Prisoners Act, 1920, but the proposed law had fewer safeguards than the law enacted by British colonisers.
Moitra contended in the absence of a data protection law, the proposed measure lacked safeguards to ensure that the information collected was protected well, and could lead to violation of the privacy of an individual who has not been convicted.
Responding to opposition's claims, Shah assured it will be protected, appropriate rules framed and the best of forensic science experts engaged to limit its use.
He also asserted that National Crime Records Bureau (NCRB) will be the sole custodian of the data and that no party or private player be involved in the process.
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