<\/p>\n
News<\/span><\/b>: Recently, the Rajya Sabha has passed the<\/span> Criminal Procedure (Identification) Bill, 2022<\/b><\/a><\/span>, just two days after it was passed by the Lok Sabha. <\/span><\/p>\n In fact, Maharashtra has become the first state to launch its biometric database of undertrials and convicts. <\/span><\/p>\n Such moves are being objected to on account of the violation of the <\/span>right against self-incrimination guaranteed<\/span><\/b> under <\/span>Article 20(3)<\/span><\/b> of the Constitution of India.\u00a0<\/span>\u00a0<\/span><\/p>\n In the <\/span>Kathi Kalu Oghad case (1962<\/b><\/em>)<\/strong><\/em>, the court held that giving <\/span>palm impressions<\/span><\/b> or <\/span>footprints<\/span><\/b> could not be called <\/span>self-incriminatory<\/span><\/b>. The reason is that such impressions cannot be changed. However, the <\/span>compulsory extraction<\/span><\/b> of an <\/span>oral<\/span><\/b> or <\/span>written statement<\/span><\/b> from the accused are prohibited in the Constitution.<\/span>\u00a0<\/span><\/p>\n In 2005, the <\/span>Code of Criminal Procedure (CrPC<\/span><\/b>) was amended. It allowed a magistrate to order any person to give their <\/span>handwriting samples<\/span><\/b> for the purpose of an investigation or proceeding.<\/span>\u00a0<\/span><\/p>\n In 2019, the Supreme Court, in <\/span>Ritesh Sinha v. State of UP<\/b> Case<\/b><\/em>, ruled that handwriting samples could include <\/span>voice samples<\/span><\/b>. This would <\/span>not violate<\/span><\/b> the right against self-incrimination<\/span>\u00a0<\/span><\/p>\n The <\/span>1962 judgment\u2019s logic<\/span><\/b> used to interpret what would violate the right against self-incrimination is unlikely to apply to technologies in use today. The proposed bill authorizes the agencies to use <\/span>new<\/span><\/b> and <\/span>emerging technologies<\/span><\/b> for processing, sharing, and dissemination of data.<\/span>\u00a0<\/span><\/p>\n The Bill is <\/span>vaguely worded<\/span><\/b>. It may lead to new forms of coercion of accused persons. It may lead to new forms of surveillance and the stifling of dissent.<\/span>\u00a0<\/span><\/p>\n The new technologies would be used in <\/span>policing<\/span><\/b> and <\/span>the criminal justice system<\/span><\/b>. They have new implications for the right against self-incrimination. They will be used to find patterns like <\/span>one\u2019s personal beliefs<\/span><\/b> or <\/span>behaviour<\/span><\/b>. In other words, such a pattern of an accused person might be enough to incriminate him.<\/span>\u00a0<\/span><\/p>\n The law can lead to unchecked abuse of power<\/strong> by the police. It can lead to harassment of the de-notified tribes\u2019 children, men and women etc. The local police stations have to maintain history sheets of these people as they are labelled as \u201cHabitual Offenders\u201d.<\/span>\u00a0<\/span><\/p>\n The new piece of legislation could lead to harassment of a person<\/strong> who is merely alleged of a crime, and not convicted.<\/span>\u00a0<\/span><\/p>\n Also, the \u201cmeasurements\u201d are to be stored at the national level for 75 years. There is no clear procedure outlined for destroying the information.<\/strong><\/span>\u00a0<\/strong><\/p>\n The process of digitisation could push the <\/span>process of criminalisation<\/span><\/b> of oppressed caste communities from the <\/span>local and state-level<\/span><\/b> to the national level.\u00a0<\/span>\u00a0<\/span><\/p>\n Parliament must make laws that protect against such blatant attacks on fundamental rights and freedoms, rather than enable them.<\/span>\u00a0<\/span><\/p>\n Source: <\/span><\/b>The post is based on an article \u201cParliament has just passed a dangerous bill<\/strong>\u201d published in the Indian Express<\/strong> on 8<\/strong><\/span>th<\/strong> Apr 22<\/strong>.<\/span>\u00a0<\/span><\/p>\n","protected":false},"excerpt":{"rendered":" News: Recently, the Rajya Sabha has passed the Criminal Procedure (Identification) Bill, 2022, just two days after it was passed by the Lok Sabha. In fact, Maharashtra has become the first state to launch its biometric database of undertrials and convicts. Such moves are being objected to on account of the violation of the right… Continue reading Parliament has just passed a dangerous bill\u00a0<\/span><\/a><\/p>\n","protected":false},"author":10328,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"jetpack_post_was_ever_published":false,"footnotes":""},"categories":[1566,9],"tags":[212,10500],"class_list":["post-178284","post","type-post","status-publish","format-standard","hentry","category-daily-factly-articles","category-public","tag-gs-paper-2","tag-indian-express","entry"],"jetpack_featured_media_url":"","views":"","jetpack_sharing_enabled":true,"_links":{"self":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/posts\/178284","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/users\/10328"}],"replies":[{"embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/comments?post=178284"}],"version-history":[{"count":0,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/posts\/178284\/revisions"}],"wp:attachment":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/media?parent=178284"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/categories?post=178284"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/tags?post=178284"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}What constitutes right against self-incrimination in India?<\/span><\/b>\u00a0<\/span><\/h5>\n
What are the issues in the proposed bill?<\/span><\/b>\u00a0<\/span><\/h5>\n
Way Forward<\/span><\/b>\u00a0<\/span><\/h5>\n