Prisoner ID Law: Center notifies ID law, ready to give cops access to biometrics

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The Center notified the rules of the Criminal Procedure (Identification) Act 2022, which empowers the police to collect biometric data, including iris and retinal scans, fingerprints, palm prints, footsteps, photographs, signatures and handwriting of convicts and other persons. The law passed by parliament in April 2022 came into force in August, replacing the Prisoner Identification Act 1920.

The rules required the National Crime Records Bureau to develop a standard operating procedure to specify biometric data collection equipment and devices. He also asked the NCRB to specify the format, including digital and physical, in which the measurements will be taken. The SOP will also list means of data processing and storage in the states and UT, he noted.

For politicians and offenses against public order, the rules provide a guarantee: “The measurements of a person arrested in connection with an offense referred to in Chapter IXA or Chapter X of the CPI are taken with the prior written consent of a non-lower police officer. the rank of SP.”

People detained under restraining orders and charged by magistrates will not be required to provide biometric details unless charged with another offence. “A person charged with breaching a restraining order issued under Section 144 or Section 145 or arrested under Section 151 of the CrPC shall not be arrested unless that person is charged with or arrested in connection with any other punishable offence.Provided that a person’s action shall not be taken at the commencement of proceedings under section 107 or section 108 or the Article 109 or Article 110 of the CrPC unless that person has been ordered to provide security for his good conduct or the maintenance of the peace,” the notified rules state.

For those who refuse to provide biometric and other details, the rules suggest invoking sections of the CrPC used in rape or attempted rape cases. Rules for the destruction and disposal of records must be specified in the SOP.

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