Centre To Roll Out DNA, Face Matching Systems At Police Stations Across India

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(Source: The Hindu, 10/25/2023)

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Why in the news?

• Recently, the Union government is set to launch “DNA and Face Matching” systems at 1,300 police stations across the country following the passage of the Criminal Procedure Identification Act (CrPI) in Parliament in 2023.
• Police and Central investigating agencies will be empowered to collect, store, and analyze physical and biological samples of arrested persons.
• The National Crime Records Bureau is responsible for the implementation of the CrPI Act.

DNA and face-matching systems at police stations

• The National Crime Records Bureau has announced that the collection of DNA samples and face-matching procedures will be launched in 1,300 locations over police districts, Commissionerate, and Special Investigation Units at State headquarters.
• The respective states have been asked to identify and prepare the sites where the Measurement Collection Unit (MCU) may be established.

Committees launched

• The Union Ministry of Home Affairs has constituted a Domain Committee with representatives from the State police, Central law enforcement agencies, and other stakeholders for the successful implementation of the Act.
• A technical sub-committee has also been constituted to prepare the SOPs for capturing DNA as a measurement.

What is the Criminal Procedure Identification Act?

• It is a legislation that was passed in 2022 by Parliament to replace the Identification of Prisoners Act, 1920, which enabled police officers to take measurements of convicted and arrested people or those facing long trials.
  • The Rules associated with the Act were notified in September 2022.
• Aim: Provide a legal sanction to the police to take physical and biological samples of convicts and accused.
  • Implement new ‘measurement techniques used in advanced countries and give credible and reliable results.
• Section 53 or section 53A of the Code of Criminal Procedure (CrPC), 1973, empowers police officers to collect Data.
• Data that can be collected: Fingerprint impressions, palm print impressions, footprint impressions, photographs, iris and retina scans, physical and biological samples and their analysis, behavioral attributes like signatures, handwriting, etc.
• Major changes proposed by the act:
  • It includes “signature, handwriting, iris and retina scan, physical, biological samples, and their analysis, etc. in the scope of the term ‘measurements” but does not specify what analysis means.
  • It empowers the National Crime Records Bureau of India (NCRB) to collect, store, and preserve the record of measurements for at least 75 years.
  • Magistrates are authorized to direct any person to give vital details, which was earlier reserved for convicts and those involved in heinous crimes.
  • Police or prison officers up to the rank of a Head Constable are empowered to take details of any person who resists or refuses to do so.

What are the concerns associated with the act?

• Lack of explicit mention and implementation: Neither the Act nor the Rules explicitly mention the collection of DNA samples and face matching procedure.
  • According to police officials, the provisions of the Act have not yet been completely implemented with some logistic and connectivity issues as well.
• Ambiguity in law: The use of "etc." in the Bill raises concerns about excessive discretion to law enforcement agencies.
  • This would allow them to interpret the law in ways that disadvantage the accused.
• Anti-federal character: Although the Police falls under the State List, the Act operates under the Union government's National Crime Records Bureau (NCRB), which has been interpreted as anti-federal in nature.
  • While the NCRB can share data with other law enforcement agencies, it has emphasized the need for safeguards to prevent misuse, restricting real-time access to designated officials.
• Resources: Inadequate training and resources are another major concern in the implementation of the act.
  • Hardware expenses will be covered by the Ministry of Home Affairs but the states will have to bear the cost of a secure internet connection and other operational expenses.
• Legitimacy: NCRB also stresses that police tools and systems must meet technological, legal, and forensic standards to ensure their legitimacy and accreditation.
• Unconstitutional and privacy concerts: The Act has been termed as unconstitutional and having an adverse effect on the privacy of citizens by critics.

Conclusion

• The implementation of DNA and face-matching systems at police stations across India represents a significant advancement in law enforcement technology.
• However, the act must address critical concerns surrounding privacy and federalism to ensure that these systems are used judiciously and responsibly.

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FAQs

MCQs

Question: In the Government of India Act 1919, the functions of the Provincial Government were divided into “Reserved” and “Transferred” subjects. Which of the following were treated as “Reserved” subjects?

1. Administration of Justice
2. Local Self-Government
3. Land Revenue
4. Police

Select the correct answer using the code given below: (UPSC CSE 2022)

(a) 1, 2 and 3

(b) 2, 3 and 4

(c) 1, 3 and 4

(d) 1, 2 and 4

Question: DNA Barcoding can be a tool to:

1. assess the age of a plant or animal.
2. distinguish among species that look alike.
3. identify undesirable animal or plant materials in processed foods.

Which of the statements given above is/are correct? (UPSC CSE 2022)

(a) 1 only

(b) 3 only

(c) 1 and 2

(d) 2 and 3