These delegated powers include directions to NCRB on maintaining records. The separation of powers between the institution that issues the recommendations and the entity that must abide by them is also broken down when NCRB releases guidelines for itself.
If a person is found not guilty, the Act calls for the deletion of the measuring records. The responsibility for making the request for the deletion of such records falls on the person under the Rules.
Criminal Procedure (Identification) Act, 2022
The Criminal Procedure (Identification) Act, 2022 permits gathering personally identifiable information from people in the course of conducting criminal investigations.
It took the place of the Identification of Prisoners Act of 1920 and broadened the range of individuals from whom information can be gathered as well as the types of information that will be gathered. The Delhi and Madras High Courts are now hearing petitions opposing the Act.
The Criminal Procedure (Identification) Rules, 2022 were published under the Act in September and set forth the protocols for obtaining specific information from people, gathering, maintaining, sharing, and discarding such records.
The Criminal Procedure (Identification) Act, 2022, gives police officers and prison officer the authority to ask suspects who have been arrested for a crime or who have been convicted of a crime for specific identifiable information. Fingerprints, pictures, iris and retina scans, biological samples and their analysis, and behavioral characteristics might all be included in this information.
The National Crime Records Bureau (NCRB) is authorized by the Act to gather, store, process, communicate, disseminate, and, as may be required by laws, delete records of measurements from state governments, union territory (UT) administrations, or other law enforcement authorities. These specifics are outlined in the Criminal Procedure (Identification) Rules, 2022. The Ministry of Home Affairs announced these Rules on September 19, 2022.
The 2022 Rules' Main Components Are As Follows:
1. Taking measurements:
According to the Act, it may be necessary for all prisoners, those who have been arrested, and those who are being held as a result of a preventive detention order to provide their measures. According to the Rules, some individuals will not have their measures taken until after they have been charged or detained in relation to another offence. These people include individuals who are detained under preventive detention under Section 151 of the Code of Criminal Procedure, 1973 (CrPC), or who violate prohibitory orders under Sections 144 or 145 of the Code of Criminal Procedure, 1973 (CrPC).
2. Those permitted to take measurements are:
a prison or police official will take the measures. The Rules state that such measurements may be taken by an authorized user, a person experienced in taking the measurements, a registered medical professional, or any other person authorized in this regard. A police officer or a jail official who has been given permission by the NCRB to access the database has been defined as an authorized user.
3. Keeping measurement records on hand:
According to the Rules, the NCRB is required to publish Standard Operating Procedures (SOPs) for taking measurements, which must include the following information:
• Specifications and format for the measurements that must be taken.
• Specifications for the equipment that must be used to take these.
• Handling and storage procedures for the measurements.
The SOPs may also specify:
• How each measurement should be transformed to a digital format before being uploaded to the database
• The encryption technique.
4. Exchange of records:
An authorized user will send the request to NCRB in order to compare the requested measurements to the person's record. Through a secure network, NCRB will use the record to check for matches before giving the authorized user a report. The SOPs will include instructions for how to process and match the records.
5. Records destruction:
According to the Act, records will be destroyed unless the Magistrate or court orders otherwise in the case of individuals who:
• Have not previously been convicted (of an offence with imprisonment),
• Are released without trial, discharged, or found not guilty. The NCRB will properly dispose of the records.
The SOPs will outline the record disposal and destruction process in accordance with the Rules. A nodal officer will be designated by the state, the federal government, or the UT administration to whom requests for the deletion of measuring records will be made. After confirming that the records in question are unrelated to any other criminal matters, the nodal officer will propose their destruction to NCRB.
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