The criminal procedure (identification) act, 2022

(1) This Act may be called the Criminal Procedure(Identification) Act, 2022. (2) It shall come into force on such date1as the Central Government may, by notification in theOfficial Gazette, appoint.

(1) In this Act, unless the context otherwise requires, (a) “Magistrate” means, (i) in relation to a metropolitan area, the Metropolitan Magistrate; (ii) in relation to any other area, the Judicial Magistrate of the first class; or (iii) in relation to ordering someone to give security for his good behaviour or maintainingpeace, the Executive Magistrate; (b) “measurements” includes finger-impressions, palm-print impressions, foot-printimpressions, photographs, iris and retina scan, physical, biological samples and their analysis,behavioural attributes including signatures, handwriting or any other examination referred to insection 53 or section 53A of the Code of Criminal Procedure, 1973 (2 of 1974); (c) “police officer” means the officer-in-charge of a police station or an officer not below therank of Head Constable; (d) “prescribed” means prescribed by rules made under this Act; (e) “prison officer” means an officer of prison not below the rank of Head Warder. (2) Words and expressions used herein and not defined but defined in the Indian Penal Code (45 of1860) and the Code of Criminal Procedure, 1973 (2 of 1974) shall have the same meaningsrespectively assigned to them in those Codes.

Any person, who has been, (a) convicted of an offence punishable under any law for the time being in force; or (b) ordered to give security for his good behaviour or maintaining peace undersection 117 of the Code of Criminal Procedure, 1973 (2 of 1974) for a proceeding undersection 107 or section 108 or section 109 or section 110 of the said Code; or (c) arrested in connection with an offence punishable under any law for the time being in forceor detained under any preventive detention law, shall, if so required, allow his measurement to be taken by a police officer or a prison officer in suchmanner as may be prescribed by the Central Government or the State Government: Provided that any person arrested for an offence committed under any law for the time being inforce (except for an offence committed against a woman or a child or for any offence punishable withimprisonment for a period not less than seven years) may not be obliged to allow taking of hisbiological samples under the provisions of this section.

(1) The National Crime Records Bureau shall, in the interestof prevention, detection, investigation and prosecution of any offence under any law for the time beingin force, (a) collect the record of measurements from State Government or Union territoryAdministration or any other law enforcement agencies; (b) store, preserve and destroy the record of measurements at national level; (c) process such record with relevant crime and criminal records; and (d) share and disseminate such records with any law enforcement agency, in such manner as may be prescribed. (2) The record of measurements shall be retained in digital or electronic form for a period ofseventy-five years from the date of collection of such measurement: Provided that where any person, who has not been previously convicted of an offence punishableunder any law with imprisonment for any term, has had his measurements taken according to theprovisions of this Act, is released without trial or discharged or acquitted by the court, after exhaustingall legal remedies, all records of measurements so taken shall, unless the court or Magistrate, forreasons to be recorded in writing otherwise directs, be destroyed from records. (3) The State Government and Union territory Administration may notify an appropriate agency tocollect, preserve and share the measurements in their respective jurisdictions.

Where the Magistrate issatisfied that, for the purpose of any investigation or proceeding under the Code of CriminalProcedure, 1973 (2 of 1974) or any other law for the time being in force, it is expedient to direct anyperson to give measurements under this Act, the Magistrate may make an order to that effect and inthat case, the person to whom the order relates shall allow the measurements to be taken in conformitywith such directions