Criminal Procedure (Identification) Rules, 2022

The Central Government has notified Criminal Procedure (Identification) Rules, 2022 in order to specify the procedure for taking measurements of convicts and other persons for the purposes of identification and investigation in criminal matters and to preserve records.

The Criminal Procedure (Identification) Act, 2022 received President’s assent on April 18, 2022 and the Rules are framed thereunder.

Key points:

• The authorised user or any person skilled in taking the measurements or a registered medical practitioner or any other person so authorised in this behalf may take the measurements of a person for the purposes of the Act;

Exceptions:

A. Measurements of a person arrested in connection with an offence under Chapter IXA or Chapter X of the Penal Code, 1860  must be taken with the prior written approval of a Police officer not below the rank of Superintendent of Police.

B. Measurements of a person charged with violation of any prohibitory order issued under section 144 or section 145 or arrested under section 151 of the Code of Criminal Procedure, 1973 must not be taken unless such person is charged or arrested in connection with any other offence punishable under any other law for the time being in force.

C. Measurements of a person must not be taken on the initiation of proceeding under section 107 or section 108 or section 109 or section 110 of the said Code unless such person has been ordered to give security for his good behaviour or maintaining peace under section 117 of the said Code for a proceeding under the said sections.

• If any person who is required to allow the measurements to be taken under the Act resists or refuses to allow taking of such measurements, the authorised user shall take the measurements in accordance with the provisions of sections 53 and 53A of the Code of Criminal Procedure, 1973.

• The record of measurements shall be stored and preserved in a secure and encrypted format as specified in the Standard Operating Procedures.

Note: Standard Operating Procedures” means any guidelines or standards or specifications issued by the Bureau for collection, storage, processing, matching, destruction or disposal of the record of measurements from time to time.