Collection of Data During Investigation

collection-of-data-during-investigation

Context: The Centre is all set to roll out “DNA and face-matching” systems at some police stations across the country.

DNA Matching  

DNA matching identifies an individual by analysing segments from their DNA. The technology sequences the DNA in a lab and compares it with samples in a database.

Face Matching 

  • The process of face matching normally consists of the collection of a database, detection, analysis, and recognition.  
  • In the collection of the database, facial data of all individuals are collected, such as the distance between the eyes, distance from the forehead to the chin, depth of the eye sockets, contour of the lips, ears, and chin, etc.  
  • This database is used to match the required person through the analysis of this data by facial recognition technology.

Prison Identification Act, 1920

The Identification of Prisoners Act, 1920 became a necessity when the recording of newer forms of evidence such as fingerprints, footprints and measurements started becoming more accurate and reliable. 

Criminal Procedure (Identification) Act, 2022 

  • It replaced the Identification of Prisoners Act, 1920.
  • It was introduced with the objective of authorising the taking of measures of convicts and other persons for the sake of identification and investigation in criminal circumstances, as well as the preservation of records etc. 
  • It authorises the National Crime Records Bureau(NCRB) to collect, store, and maintain specified records and also assign the task of finalising the standard operating procedures (SOP) to be followed by police officials.
  • The act defines “measurements” as Finger imprints, palm print and footprint impressions, photos, iris and retina scan, physical, biological samples and their analysis.

Changes Proposed by Criminal Procedure (Identification) Act, 2022 

Provisions Prison Identification Act, 1920Criminal Procedure Identification Act 2022
Data collection allowed Fingerprints, foot-print impressions, photographs.Adds: (i)biological samples, and their analysis, (ii)behavioural attributes including signatures, handwriting, and (iii)examinations under sections 53 and 53A of CrPC (includes blood, semen, hair samples, and swabs, and analyses such as DNA profiling)
Whose data may be collectedConvicted or arrested for offences punishable with rigorous imprisonment of one year or more Convicted or arrested for any offence.Biological samples may be taken forcibly only from persons arrested for offences against a woman or a child, or if the offence carries a minimum of seven years imprisonment
Persons ordered to give security for good behaviour or maintaining peacePersons detained under any preventive detention law 
Magistrate may order in other cases collection from any arrested person to aid criminal investigationOn the order of Magistrate, from any person (not just an arrested person) to aid investigation
Authority who give direction for collection of dataInvestigating officer, officer in charge of a police station, or of rank Sub-Inspector or aboveOfficer in charge of a police station, or of rank Head Constable or above.  In addition, a Head Warder of a prison.
MagistrateMetropolitan Magistrate or Judicial Magistrate of first class.  In case of persons required to maintain good behaviour or peace, the Executive Magistrate

National Automated Fingerprints Identification System (NAFIS) 

NAFIS project is a country-wide searchable database of crime and criminal related fingerprints. It is conceptualised and managed by NCRB.

Functions 

  • The web-based application functions as a central information repository by consolidating fingerprint data from all states and Union Territories
  • It enables law enforcement agencies to upload, trace, and retrieve data from the database in real time on a 24×7 basis.
  • NAFIS assigns a unique 10-digit National Fingerprint Number (NFN) to each person arrested for a crime. 
  • This unique ID will be used for the person’s lifetime, and different crimes registered under different FIRs will be linked to the same NFN.
  • This database is also being integrated with the Criminal Procedure Identification Act

PYQ

Prelims-2023 

Consider the following statements:
Statement-I: In India, prisons are managed by State Governments with their own rules and regulations for the day-to-day administration of prisons.
Statement-II: In India, prisons are governed by the Prisons Act, 1894 which expressly kept the subject of prisons in the control of Provincial Governments.

Which one of the following is correct in respect of the above statements?
(a)  Both Statement-I and Statement-II are correct and Statement-II is the correct explanation for Statement-I
(b) Both Statement-I and Statement-II are correct, and Statement-II is not the correct explanation for Statement-I
(c) Statement-I is correct but Statement-II is incorrect
(d) Statement-I is incorrect but Statement-II is correct

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