DNA SYSTEMS IN CRIMINAL PROCEDURE (IDENTIFICATION) ACT

In April 2022, the Indian Parliament passed the Criminal Procedure (Identification) Act (CrPI), which empowers law enforcement agencies to collect and analyze physical and biological samples, including retina and iris scans of arrested individuals. However, the full implementation of the Act has been delayed, as the National Crime Records Bureau (NCRB), the nodal agency responsible for its execution, is in the process of preparing guidelines and Standard Operating Procedures (SOP). 

2. DNA Systems

• DNA, or deoxyribonucleic acid, serves as the fundamental genetic material present in the cells of all individuals.
• It uniquely determines human behaviour and physical characteristics, making each person's DNA distinct except for identical twins.
• In the realm of forensic science, the utilization of DNA evidence has brought about a transformative impact on criminal investigations.
• DNA profiling has proven to be a highly reliable and precise source of evidence, revolutionizing investigative processes worldwide since the 1980s.
• Various countries have progressively incorporated DNA profiling into their investigation systems.
• Many have enacted robust legislation to regulate its use, considering both its positive and negative aspects.

3. DNA evidence in the Criminal Procedure Code

• India, too, has witnessed the increasing utilization of DNA evidence in criminal investigations over the past decade.
• While its primary application has been in cases related to paternity, it is now also more prevalent in instances of rape and murder, with notable cases like the Nirbhaya gang rape and the Arushi Talwar murder trial highlighting its significance.
• DNA technology plays a pivotal role in identifying the origins of biological samples, such as blood, saliva, semen, and skin cells, recovered from crime scenes.
• Nevertheless, India has yet to fully harness the potential of DNA evidence, primarily due to the absence of dedicated legislation.
• Currently, Indian courts allow the collection and utilization of DNA evidence by interpreting various legal provisions.
• For instance, an extended interpretation of Sections 53 and 54 of the Criminal Procedure Code (CrPC) enables DNA tests.
• Section 53 pertains to the examination of the accused by a medical professional, while Section 54 allows for medical examinations upon the request of the arrested person.
• In 2005, an amendment introduced Section 53-A to the CrPC, mandating the examination of individuals accused of rape by a medical practitioner.
• This examination encompasses the analysis of blood, bloodstains, semen, swabs, hair samples, and DNA profiling.
• The court possesses the authority to direct law enforcement to collect blood samples and conduct DNA tests for further investigative purposes.
• However, the absence of dedicated legislation remains a significant obstacle to realizing the full potential of DNA evidence in India.

4. The Need for Legislative Change

The CrPI Act replaced the outdated British-era Identification of Prisoners Act, 1920. The former law was limited in scope, primarily collecting finger and footprint impressions and photographs of convicted persons. In contrast, the new Act incorporates modern techniques to capture and record various body measurements.

5. The Role of the National Crime Records Bureau (NCRB)

• The NCRB, operating under the Union Ministry of Home Affairs (MHA), plays a pivotal role in implementing the CrPI Act.
• It is responsible for storing, processing, sharing, disseminating, and destroying records of measurements obtained.
• Impressions collected at police stations will be stored in a centralized database maintained by the NCRB, accessible to authorized police and prison officials nationwide.
• The NCRB also prescribes specifications for equipment, outlines methods for handling and storing measurements, and specifies information technology systems for data collection.
• Notably, the Act extends the authority for taking measurements to registered medical practitioners and other skilled individuals, and the records are to be stored for 75 years.

6. Current Implementation Status

• While law enforcement agencies have been trained to record finger impressions using the National Automated Fingerprint Identification System (NAFIS), the deployment of iris scanners and devices for DNA and facial recognition systems is pending.
• NAFIS, a separate project under the NCRB, assigns unique ten-digit National Fingerprint Numbers (NFN) to arrested suspects, facilitating a countrywide search for matching fingerprints from crime scenes. NAFIS workstations are operational in several states.

7. Challenges and Concerns

• The introduction of the CrPI Act has raised concerns about fundamental rights, particularly the right to privacy.
• Questions have emerged regarding the protection and handling of DNA samples and facial recognition data.
• Furthermore, there is a need for greater awareness among law enforcement officials about the specific cases where measurements should not be recorded, as stipulated in the rules.
• The Act places the onus of data destruction and disposal on individuals, which could affect those who lack access to legal resources.
• The type of DNA samples that law enforcement agencies can collect has not been clearly defined, and there is uncertainty regarding the scope of DNA sampling in various crimes.
• The NCRB has cautioned against potential misuse of the database and emphasized the need for safeguards to restrict access to designated officials.
• Connectivity issues have also been identified, particularly in smaller states, where securing Internet lease lines remains a challenge.

8. Conclusion

The implementation of the Criminal Procedure (Identification) Act in India faces significant challenges related to data privacy, the definition and scope of DNA sampling, and connectivity issues. While the Act aims to modernize the process of capturing and recording measurements, its effective execution requires careful consideration of these challenges and concerns to protect the rights and privacy of individuals.