Why in the News?

• Police across several Indian states have begun collecting DNA records of suspects under the Criminal Procedure (Identification) Act, 2022, with over one lakh DNA profiles generated and stored in a central database operated by the National Crime Records Bureau.

What’s in Today’s Article?

• About CrPI Act (Background, Key Provisions, etc.)
• News Summary (Collection of DNA Records, Benefits, Concerns, Way Forward)

About the Criminal Procedure (Identification) Act, 2022 (CrPI Act)

• It is a significant piece of legislation passed by Parliament in 2022 to modernise India's criminal investigation framework.
• It replaced the colonial-era Identification of Prisoners Act, 1920, which had limited provisions for collecting only fingerprints and footprints.
• Background
  • The 1920 Act was considered outdated in the era of advanced forensic technology. The new law was enacted to:
    • Modernise identification techniques in line with global standards
    • Strengthen the criminal justice system through scientific evidence
    • Improve conviction rates by enabling accurate identification
    • Solve interstate crimes through a unified national database

• Key Provisions
  • The CrPI Act empowers police and prison officers to collect a wide range of identification data from:
    • Convicted persons
    • Arrested persons for offences punishable with imprisonment of seven years or more
    • Persons detained under preventive detention laws

Types of Measurements Collected

• The Act allows the collection of:

• Fingerprints and palm prints
• Footprints and photographs
• Iris and retina scans
• Physical and biological samples, including blood and saliva for DNA profiling
• Behavioural attributes, including signatures and handwriting

Data Retention

• Records can be retained for up to 75 years from the date of collection.
• Data is stored in a central database maintained by the National Crime Records Bureau (NCRB).
• Records are deleted when a person is acquitted or discharged in all proceedings.

Authorised Agencies

• The CrPI system is accessible to:

• State police forces across the country
• Central agencies, including the Central Bureau of Investigation (CBI), National Investigation Agency (NIA), and Narcotics Control Bureau (NCB)
• Prison authorities for record collection

Concerns and Criticisms

• The Act has faced criticism on several grounds:

• Privacy concerns regarding mass collection of biometric and biological data
• Potential misuse by authorities
• Vague definitions of who can be subjected to collection
• Lack of judicial oversight for collection from arrested persons
• Long retention period of 75 years raises proportionality questions

• The Supreme Court's Puttaswamy judgment (2017) recognised privacy as a fundamental right, making it essential to balance security needs with individual rights.

News Summary: Implementation of the CrPI Act

• Over the past five months, the DNA records of more than one lakh suspects have been stored in a central database operated by the National Crime Records Bureau (NCRB) under the Union Home Ministry.
• The contours of the CrPI system were showcased on June 19 at an NCRB event presided over by Home Minister Amit Shah.

Infrastructure for Implementation

• The implementation has involved significant infrastructure development:

• More than 2,600 measurement collection units have been established across the country
• The CrPI system is now available in police districts and prisons
• It is accessible to Central agencies, including CBI, NIA, and NCB
• Integration with forensic laboratories for processing biological samples

Sample Collection Process

• Samples are currently being collected by police in cases punishable by seven years or more.
• DNA samples are primarily drawn from blood, with saliva used in some cases.
• Samples are sent to a forensic laboratory, which generates a unique number.
• The NCRB preserves the code in its records.
• The sanctity of the samples depends on the police maintaining proper protocols.

National Automated Fingerprint Identification System (NAFIS)

• To support the CrPI system, the NCRB had launched the National Automated Fingerprint Identification System (NAFIS) in 2022:

• Fully automates the fingerprint matching process
• Currently holds more than 1.27 crore fingerprint records
• Has played a significant role in solving old inter-state criminal cases
• Provides instant matching capabilities across the country

Advanced Features of the CrPI System

• Unified national database integrating face, iris, and biological samples.
• Searchable database enabling accurate scientific identification within moments.
• Photo matching, a photo from a crime scene can be instantly matched with records across the country.
• Video analytics allowing investigating officers to upload CCTV footage to identify suspicious persons.
• Standardised storage of measurements for 75 years.
• Disguise-resistant identification, photos are taken ensuring clarity of eyes to prevent identification being hindered by disguises.

Crime-Solving Capabilities

• The system enables several important crime-solving functions:

• Direct matching of biological samples recovered from crime scenes with existing records.
• Identification of habitual offenders through scientific methods.
• Inter-state criminal tracking with instant cross-state record matching.
• Quick identification from CCTV footage that earlier took hours of manual investigation.

• The NCRB stated: "What earlier took hours of manual investigation is now possible in just a few minutes."

Concerns and Way Forward

• Privacy and Civil Liberties

• Proportionality of data collection and retention
• Safeguards against misuse of sensitive biological data
• Independent oversight of database access
• Data security to prevent breaches
• Compliance with the Digital Personal Data Protection Act, 2023

• Implementation Challenges

• Standardising procedures across states
• Training law enforcement on proper collection techniques
• Maintaining the sanctity of samples and the chain of custody
• Integration with state databases

• Need for Safeguards

• Judicial oversight for sensitive data collection
• Clear protocols for data deletion upon acquittal
• Regular audits of database access and use
• Transparency in operational procedures
• Periodic legislative review of the framework