Criminal Identification Act - a Precursor to the DNA Bill

It is an enabling proposition and a stepping stone for DNA Profiling Bill on the anvil as it will generate a huge data base for the Law Enforcement Agencies. Experts also believe that this move may ease out the way for DNA Technology Use and Application Regulation Bill that provides a framework for establishing, operating, and regulating national regional DNA databases, with a larger scope includes unidentified bodies, missing persons, victims, offenders.

New Delhi, Delhi, India–Business Wire India • Bill a part of Government's efforts to modernize and build an efficient criminal identification process. • The collection of biological samples opens the possibility of using DNA database technology in criminal investigation ​ The Criminal Procedure (Identification) Bill 2022, recently passed in the parliament ensures a more efficient and expeditious investigation of crimes with the use of modern technology. According to experts, this is a significant development as it provides for the recording of accurate physical and biological samples, which, in their view, is a precursor towards paving the path for the DNA technology bill.

The Criminal Procedure Bill, provisions for evaluation of biological evidence for the purpose of identification of criminal offenders. According to experts, DNA profiling then cannot be ruled out. And it is almost certain, that this will add up to a DNA database of criminal offenders. This is on the back of the fact that there has been increased demand for DNA testing in India, as DNA forensic evidence is undeniably the world's best crime fighting technology. As a result, more and more courts are asking for DNA evidence in crime investigation, especially in sexual offence and rape cases. With the advancements in technology that allows it to be used for criminal investigations, dependency on ocular evidence in courts can be substantially reduced.

Speaking on the Criminal Identification Act, Mr. Keshav Kumar, IPS (Retd), Former Director General of Police and Director Anti-Corruption Bureau, Gujarat State, said ''The Criminal Procedure (Identification) Bill 2022, which is now an Act has further strengthened the hands of the Law Enforcement Agencies. The Act now includes physical measurements such as fingerprints, palm prints, footprints, photographs, iris and retina scans, biological samples and their analysis and behavioural attributes including signatures, handwritings or any other examination referred to in the sections 53 or 53A of the CrPC. The CrPC already mandates collection of blood, semen, swabs in sexual offences. It also includes DNA profiling from the body fluids collected during the investigation." He added, "Several cases have already been convicted by the Hon'ble Courts on the basis of matching of DNA profiles in the investigation. DNA evidence is the 'Gold standard' of all the evidence. In this background it is a great leap for the Law Enforcement Agencies against Crime and criminals. It is an enabling proposition and a stepping stone for DNA Profiling Bill on the anvil as it will generate a huge data base for the Law Enforcement Agencies.'' Experts also believe that this move may ease out the way for DNA Technology (Use and Application) Regulation Bill that provides a framework for establishing, operating, and regulating national & regional DNA databases, with a larger scope (includes unidentified bodies, missing persons, victims, offenders…). If implemented, it will further empower the criminal justice system by using modern techniques to aid crime investigation processes, such as in the case of human trafficking and other heinous crimes, thereby helping in increasing conviction rates.

DNA expert and policy watcher Aby Joseph, Assistant Professor, Forensic Science Department, Amity University, Dubai, says, "This is a big step by lawmakers to overhaul the Indian criminal justice system and bring it at par with global standards. Although the DNA Bill for management of databases is still pending in Parliament, the need for such a legislation has been largely accepted by all stakeholders now. The Criminal Procedure (Identification) Act, 2022, addresses a more fundamental problem – a lack of a national legal framework to collect, analyse, & store biological samples / DNA profiles. I'm confident that this will pave the way for a comprehensive DNA law that the country has been waiting for. The need for a DNA Regulatory Board, as envisioned in the Bill, becomes even more critical now to enforce standards for quality assurance in collection, storing, and analysis of DNA samples, as well as to ensure strict data protection." Meanwhile, concerns raised related to privacy in Criminal Procedure (Identification) Bill were adequately addressed by the Home Minister Shri Amit Shah in the parliament. He stated that the government's intention is solely to modernize the country's criminal identification process. Emphasizing that the data collected will be secure and protected and in case of acquittal or discharge of the person, all material collected will be destroyed. The Criminal Identification Bill has further underscored the need for better infrastructure to realize the full potential of scientific methods in the criminal justice system. In the context of the Bill, which requires analyses including DNA profiling, the current infrastructure and supporting ecosystem must be strengthened as well as more DNA experts must be recruited to help operative execution on ground. It is critical to create an environment that is conducive for the usage of scientific tools and knowledge as well as for effective implementation of the processes.

As per some sources, there have been considerable improvements in infrastructure and manpower skillset owing to the outreach program to train the first line responders for proper collection and preservation of DNA evidence. Under the Nirbhaya Fund, 21 state FSLs have been given fund to establish start-of-the-art DNA fingerprinting laboratory. As of today, there are 30 state forensic science labs which have a well-established DNA fingerprinting lab. However, atleast 200 DNA experts are needed to support the existing infrastructure to expedite justice and restrict repeat offence.

The CPI Bill is an enabling legislation which working in conjunction with other laws will help create the pathway for other technological advancements within the criminal justice system, of which DNA technology is a key component. DNA evidence continues to play an important role in the international criminal justice system by driving investigations forward and charging alleged perpetrators. Consequently, the criminal justice community worldwide has become exceedingly reliant on forensic DNA analysis, and it is time India adopts the same sooner than later.

About GTH-GA Gordon Thomas Honeywell – Governmental Affairs is a globally recognised public affairs consultancy firm with expertise in forensic DNA policy, legislation, and law. For nearly twenty years, consultants at GTH-GA have worked in over 50 countries and states on policies & regulation to establish or expand criminal offender DNA databases. GTH-GA collaborates closely with governmental officials, crime labs, police, and the industry. GTH-GA operates the DNAResource.com website that has been used as the world's primary source for DNA policy information since 2000.

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