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Why it’s easy for cops to take your biometrics now
Under the Criminal Procedure (Identification) Act, 2022, that came into force on Thursday, police can take biometrics of people arrested for or convicted of any criminal offence. Here’s how the old and new prisoner data laws differ
The original Identification of Prisoners Act, 1920 allowed police to take bodily measurements of prisoners, including fingerprints and footprints, besides photographs. But the Criminal Procedure (Identifi cation) Act, 2022 that came into force on Thursday additionally allows the collection of iris and retina scans, physical and biological samples, signatures and handwriting samples.
Nature Of Offence Immaterial
The old law allowed police to collect physical identifiers of people who were convicted of or arrested for an offence punishable with at least one year’s rigorous imprisonment. The new law does away with the rigorous imprisonment condition. Identifiers of any person convicted of any offence can be collected. But for biological samples, it must be an offence against a woman or a child, or the sentence must be of at least 7 years.
Head Constables Decide
In the old law, the officer ordering collection of physical measurements had to be at least a sub-inspector. Now, a head constable can authorise their collection.
Records Stored For 75 Years
In the old law, states/UTs maintained and retained records of prisoner measurements. Now, National Crime Records Bureau shall collect records of measurements from all law enforcement agencies, and store them in a digital format for 75 years. It’s also responsible for handling, processing and destroying all records.
Deletion Of Records Made Harder
In the old law, prisoner measurements and photographs had to be destroyed if the accused was released without trial or acquitted. Now, records will be destroyed only after the prisoner exhausts all “legal remedies”. So, no deletion if the prosecution appeals an acquittal.
OTHER COUNTRIES ALSO COLLECT BIOMETRICS
Other major democracies also collect biometrics of suspects who have been arrested or detained, but not convicted yet. In the UK, for example, photographs of the face, fi ngerprints, and DNA from a mouth swab or head hair root are collected on arrest. However, to collect blood and urine samples, or dental impressions, UK police need permission from the suspect and a senior police offi cer.
➤ In the US, federal and state laws differ to some degree on biometrics, but the collection of information beyond photographs and fi ngerprints is catching on. US federal law has “required” collection of DNA samples from convicts since 2004, and from “individuals who are arrested, facing charges, or convicted” since January 2009. A suspect’s “failure to cooperate in such collection is independently a federal crime”.
➤ In Los Angeles, for example, “All individuals over the age of 14 arrested and booked for any crime, with or without a warrant, shall be fi ngerprinted. ” However, suspects arrested for serious crimes must give a DNA sample.
➤ In New York City, the police fi ngerprint and photograph suspects at the station. In Washington state, the rules are open-ended. At their discretion police offi cers may record “in addition to photos and fi ngerprints, the palm-prints, sole-prints, toeprints, or any other identifi cation data of all persons whose photo and fi ngerprints are required or allowed to be taken”.
The original Identification of Prisoners Act, 1920 allowed police to take bodily measurements of prisoners, including fingerprints and footprints, besides photographs. But the Criminal Procedure (Identifi cation) Act, 2022 that came into force on Thursday additionally allows the collection of iris and retina scans, physical and biological samples, signatures and handwriting samples.
Nature Of Offence Immaterial
The old law allowed police to collect physical identifiers of people who were convicted of or arrested for an offence punishable with at least one year’s rigorous imprisonment. The new law does away with the rigorous imprisonment condition. Identifiers of any person convicted of any offence can be collected. But for biological samples, it must be an offence against a woman or a child, or the sentence must be of at least 7 years.
Head Constables Decide
In the old law, the officer ordering collection of physical measurements had to be at least a sub-inspector. Now, a head constable can authorise their collection.
Records Stored For 75 Years
In the old law, states/UTs maintained and retained records of prisoner measurements. Now, National Crime Records Bureau shall collect records of measurements from all law enforcement agencies, and store them in a digital format for 75 years. It’s also responsible for handling, processing and destroying all records.
Deletion Of Records Made Harder
In the old law, prisoner measurements and photographs had to be destroyed if the accused was released without trial or acquitted. Now, records will be destroyed only after the prisoner exhausts all “legal remedies”. So, no deletion if the prosecution appeals an acquittal.
OTHER COUNTRIES ALSO COLLECT BIOMETRICS
Other major democracies also collect biometrics of suspects who have been arrested or detained, but not convicted yet. In the UK, for example, photographs of the face, fi ngerprints, and DNA from a mouth swab or head hair root are collected on arrest. However, to collect blood and urine samples, or dental impressions, UK police need permission from the suspect and a senior police offi cer.
➤ In the US, federal and state laws differ to some degree on biometrics, but the collection of information beyond photographs and fi ngerprints is catching on. US federal law has “required” collection of DNA samples from convicts since 2004, and from “individuals who are arrested, facing charges, or convicted” since January 2009. A suspect’s “failure to cooperate in such collection is independently a federal crime”.
➤ In Los Angeles, for example, “All individuals over the age of 14 arrested and booked for any crime, with or without a warrant, shall be fi ngerprinted. ” However, suspects arrested for serious crimes must give a DNA sample.
➤ In New York City, the police fi ngerprint and photograph suspects at the station. In Washington state, the rules are open-ended. At their discretion police offi cers may record “in addition to photos and fi ngerprints, the palm-prints, sole-prints, toeprints, or any other identifi cation data of all persons whose photo and fi ngerprints are required or allowed to be taken”.
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