Welcome to the official blog of the Law Offices of Kr. Vivek Tanwar Advocate and Associates, where we are dedicated to providing litigation support services for matters related to Criminal Law . In today’s blog post, we aim to shed light on the prevailing issues surrounding Constitutional Law, the legal framework in place for their protection, and the steps we can take as a society to combat these acts. Join us as we explore this critical subject and empower you with the knowledge to protect your rights and safety.
Criminal Procedure Identification Act 2022 provides a legal sanction to law enforcement agencies for taking measurements of convicts and other persons for identification and investigation of criminal matters. This Act repeals the existing Prisoners Act. Measurement and identification to establish the identity of culprits against the person being arrested and establish previous convictions.
Who can collect measurements :
The Act empowers the National Crime Bureau (NCRB) to collect (from State Governments, Union territory administrators, or other law enforcement agencies ), store, process, share, and destroy records of measurements as may be prescribed by rules. Measurements include –
1. Finger Impressions
2. Palm Print Impressions
3. Iris & Ratina Scan
4. Physical and biological samples and their analysis
Refusal to give measurements –
If a person resists or refuses to allow the taking of measurements, it can be considered an offense under section 186 of IPC. Under this Act, all convicts, arrested persons as well and persons detained under preventive detention law may be required to give their measurements.
Benefits to this Act –
This Act uses modern technology to catch criminals. This Act not only stores the fingerprints or footprints but even biological samples which are stored in DNA banks and easy to find criminals.
Conflict issues with Constitutional law :
1.(Under Article 21) This Act applies to preventive detention which is violative of Article 21 of Costitution
2. Article 20(3) this Article declares that no person accused of an offence shall be compelled to witness against himself . in criminal identification act the narco analysis and brain mapping test would lead to accused himself and ths would be violative of article 20(3) of our cinstitution .
We are a law firm in the name and style of Law Offices of Kr. Vivek Tanwar Advocate and Associates at Gurugram and Rewari. We are providing litigation support services for matters related to Criminal Law..