Police across several Indian states have begun collecting DNA records of suspects under the Criminal Procedure (Identification) Act, 2022 (CrPI Act). Over one lakh DNA profiles have already been stored in the National Crime Records Bureau (NCRB) database, raising debates on privacy, proportionality, and safeguards. This topic is important for aspirants preparing for GS2 Polity and forensic governance issues through civil services coaching.
Background
• Identification of Prisoners Act, 1920: Allowed only fingerprints and footprints.
• Need for Reform: Advances in forensic science rendered the colonial law outdated.
CrPI Act, 2022 Objectives:
- Modernise identification techniques in line with global standards.
- Strengthen the criminal justice system using scientific evidence.
- Improve conviction rates and enable inter-state crime tracking.
CrPI Act, 2022
• Data Collection: Applies to convicted persons, those arrested for offences punishable with ≥7 years, and individuals under preventive detention laws. Measurements include fingerprints, iris scans, photographs, DNA samples (blood/saliva), handwriting, and signatures.
• Retention: Records can be stored for 75 years; must be deleted if acquitted or discharged in all proceedings.
• Agencies: State police forces, CBI, NIA, NCB, and prison authorities have access for investigation and record collection.
• Infrastructure: Over 2,600 collection units established nationwide, integrated with forensic laboratories for DNA profiling, and linked with National Automated Fingerprint Identification System (NAFIS) holding 1.27 crore fingerprint records.
• Unified Database: NCRB maintains a centralised national database combining fingerprints, iris, facial recognition, and biological samples for instant cross-state identification and crime tracking.
Implementation & Capabilities
• DNA samples collected in serious offences; processed in forensic labs.
NCRB Database Enables:
- Instant matching of biological samples with stored records.
- Cross-state tracking of habitual offenders.
- CCTV video analytics and disguise-resistant photo identification.
• Example: NAFIS has already solved old inter-state cases via automated fingerprint matching.
Concerns & Criticisms
• Privacy: Mass collection of sensitive biological data challenges Puttaswamy (2017) privacy judgment.
• Proportionality: 75-year retention period is seen as excessive.
• Judicial Oversight: Arrested persons’ data can be collected without prior court approval.
• Data Security: Risk of misuse or breaches; compliance needed with Digital Personal Data Protection Act, 2023.
Implementation Issues:
- Standardising protocols across states.
- Training police in proper sample collection.
- Maintaining chain of custody to preserve evidence integrity.
Way Forward
• Judicial Oversight: Introduce court approval for sensitive data collection like DNA, ensuring checks and balances per Puttaswamy privacy judgment (2017).
• Independent Audits: Conduct regular audits of NCRB database access to prevent misuse and ensure accountability.
• Data Deletion Protocols: Strengthen automatic deletion of records post acquittal to maintain proportionality and fairness.
• Global Best Practices: Align with international standards — e.g., UK & US require court approval for DNA collection to safeguard rights.
Conclusion
The CrPI Act represents a major leap in India’s forensic capabilities, but its success will depend on robust safeguards that balance crime-solving efficiency with citizens’ fundamental right to privacy.
