Govt aims to amend CrPC and IPC, says Amit Shah as Parliament clears Criminal Procedure (Identification) Bill, 2022

Ravi S Singh

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New Delhi, April 6

Home Minister Amit Shah on Wednesday said the government aims to amend the Indian Penal Code (IPC) and Criminal Procedure Code (CrPC), and that he has written letters to all the state governments to give their opinion on the matter, including the proposed changes in these laws.

Replying to a discussion in Rajya Sabha on the Criminal Procedure (Identification) Bill, 2022 which enables investigating officers to collect the biometric details of prisoners, Shah said the Bill was part of an effort to create conduciveecosystemto make the criminal justice system more efficacious.

The Bill was passed with voice vote, as earlier cleared by Lok Sabha. In effect, the Billnow stands approved by Parliament. It replaces the Identification of Prisoners Act, 1920.

The Motion moved by the Opposition to refer the Bill to a Select Committee, which was put to vote by Division, was defeated with 97 Members voting against it and 59 in its favour. There was no abstainee. The Division of votes was demanded by the Opposition benches.

Allaying apprehension of Opposition Members of possible misuse of the provisions of the Bill against opponents and critics of the ruling BJP at Centre, Shah said the Bill was need of the time.

“It was to check crime, identify criminals speedily, and save the time and cost of litigation by harnessing technology and forensic sciences.

The investigationshould not be based on third degree, but on evidence backed by advanced version of forensic science,” Shah said, and added that it would improve the rate of convictions which is presently very low due to lack of evidence.

He said the conviction rates in cases of death, rape, theft, dacoity and atrocitites against children are 44%, 49%, 38%, 29% and 37% respectively, which are dismal in comparison to other countries.

Shah said the bill is part of holistic measure to moderniseadministration of the country’s criminal justice system. To this effect, he also listed among others, the establishment of a national Forensic University (Gujarat), Raksha University and Directorate of Prosecution.

“We have to think of Next Generation Crime and enable security apparatus to be ahead of the criminals,” Shah said.

He assured the House that ample measures will be taken under the law to safeguard privacy of biometric data collected under the law.

The Home Minister said the Rules that will be framed under the proposed Act, to ensure that personswith venial crimes, especially related to political activities, are not subjected to this law.

Responding to concerns raisedby P Chidambaram (Congress), he said that there is no provision to subject people under Narco and Polygraphy tests and brain mapping.

He said human rights should be viewed with a balanced approach with care for justice to victims of crimes.

Earlier, Intervening in the discussion in support BJP Member’s submission in the House, Shah said that theGodhra incident in Gujarat, which sparked violence in 2002, was given a devious tweak by the then Railway Minister.

The Minister set up an inquiry committee which concluded thatfire in the coach of the train which charred to death“sadhus” was due to an “accident”. The death of the sadhus led to riots in Gujarat.

The inquiry was initiated by the Railways even though the Supreme Court was seized of the matter. The court rejected the findings, Shah said.

The Bill proposes to allow Police collect finger impressions, iris and retina scans, palm prints impressions, photographs, footprint impressions, physical and biological samples.

Besides, itproposes collection of behavioural attributes, including signatures, handwriting or any other examination referred under Section 53 or Section 53A of CrPC.

It provides power to Police to take legal action against persons whodefy collection of the data.

Presently, the Police are permitted to take finger and footprint impressions of a limited category of convicts and non-convicted persons.