Criminal Procedure (Identification) Act, 2022

S.1 Short title and commencement.

(1) This Act may be called the Criminal Procedure (Identification) Act, 2022.

(2) It shall come into force on such date¹ as the Central Government may, by notification in the Official Gazette, appoint.

S.2 Definitions.

(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 maintaining peace, the Executive Magistrate;

S.3 Taking of measurement.

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 under section 117 of the Code of Criminal Procedure, 1973 (2 of 1974) for a proceeding under section 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 force or 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 such manner as may be prescribed by the Central

S.4 Collection, storing, preservation of measurements and storing, sharing, dissemination, destruction and disposal of records.

(1) The National Crime Records Bureau shall, in the interest of prevention, detection, investigation and prosecution of any offence under any law for the time being in force,

(a) collect the record of measurements from State Government or Union territory Administration or any other law enforcement agencies;

(b) store, preserve and destroy the record of measurements at national level;

(d) share and disseminate such records with any law enforcement agency,

in such manner as ma

S.5 Power of Magistrate to direct a person to give measurements.

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

S.6 Resistance to allow taking of measurements.

(1) If any person who is required to allow the measurements to be taken under this Act resists or refuses to allow taking of such measurements, it shall be lawful for the police officer or prison officer to take such measurements in such manner as may be prescribed.

(2) Resistance to or refusal to allow the taking of measurements under this Act shall be deemed to be an offence under section 186 of the Indian Penal Code (45 of 1860).

S.7 Bar of suit.

No suit or any other proceeding shall lie against any person for anything done, or intended to be done in good faith under this Act or any rule made thereunder.

S.8 Power to make rules.

(1) The Central Government or the State Government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act.

(2) In particular, and without prejudice to the generality of the foregoing provisions, such rules may provide for all or any of the following matters, namely:—

(a) the manner of taking measurements under section 3;

(b) the manner of collection, storing, preservation of measurements and sharing, dissemination, destruction and disposal of records under sub-section (1) of section 4;

S.9 Power to remove difficulties.

(1) If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by order, published in the Official Gazette, make such provisions not inconsistent with the provisions of this Act as appear to it to be necessary for removing the difficulty:

Provided that no such order shall be made under this section after the expiry of three years from the commencement of this Act.

(2) Every order made under this section shall be laid, as soon as may be after it is made, before each House of Parliament.

S.10 Repeal and saving.

(1) The Identification of Prisoners Act, 1920 (33 of 1920) is hereby repealed.

(2) Notwithstanding such repeal, anything done or any action taken or purported to have done or taken including any rule, regulation, or any proceedings taken, any rule made or any direction given or any proceedings taken or any penalty or fine imposed under the repealed Act shall, in so far as it is not inconsistent with the provisions of this Act, be deemed to have been done or taken under the corresponding provisions of this Act.

(3) The mention of particular matters in sub-section (2) shall not be held to prejudice or affect the general application of section 6 of the General Clauses Act, 1897 (10 of 1897) with regard to the effect of repeal.