Rajya Sabha on Wednesday passed Criminal Procedure (Identification) Bill, 2022 by a voice vote, PTI reported.

The Bill, which was moved by Union Home Minister Amit Shah, enables the police to collect biometric measurements of arrested or convicted prisoners. It was passed by the Lok Sabha on Monday.

It seeks to replace the Identification of Prisoners Act, 1920, which was enacted in the British era and authorises collecting finger impressions and footprint impressions of convicted and non-convicted persons, PTI reported.

Under the Criminal Procedure (Identification) Bill, 2022, the scope of measurements has expanded and involves storing and analysing physical and biological samples, iris and retina scans, signatures and handwriting of prisoners. It would also be applied to persons detained under preventive detention laws.

The Bill also empowers a Magistrate to ask any person to give biometric measurements, ANI reported.

Stating that the 102-year-old Identification of Prisoners Act, 1920, was inadequate and did not fit in modern times, Shah said in the Rajya Sabha that the Bill will improve investigation procedures by utilising technology, PTI reported.

He also said that the Bill will increase the rates of conviction of criminals, PTI reported.

Bill is unconstitutional, says P Chidambaram

Congress leader P Chidambaram has called the Bill “unconstitutional”, PTI reported.

Before it was passed in the Rajya Sabha, Chidambaram said that the Bill should be sent to the select committee for discussion.

Chidambaram added that the provisions in the Bill can be misused. He said that for instance, police can arrest and take fingerprints of anyone, including those taking part in political rallies, PTI reported.

“Is there anyone in this House who has not violated a law?” the Congress leader asked. “I ask the honourable home minister who has had an active political career, have you never violated any law?...Even if you are convicted of an offence where the punishment is Rs 100, this law applies,” Chidambaram said.

Deeming it illegal, Chidambaram also said that the Bill will impact “the poor and the oppressed” the most, PTI reported.

“We are deceiving ourselves if we are passing a Bill,” he said. “This Bill has a huge net, which can embrace anyone in this country. And you know what happens when a law of this (kind) is applied, the worst sufferers will be the disadvantaged, oppressed and the poor.”

Shah replied to him saying the data collected by the government will not be shared with third parties, The Hindu reported.