Collection Of ‘Measurements’ By The Police: A Critical Appraisal

Collection Of ‘Measurements’ By The Police: A Critical Appraisal Of The Criminal Procedure (Identification) Act, 2022

Arjita Mukherjee, Research Fellow, West Bengal National University of Juridical Sciences

Neil Basu, Advocate, Calcutta High Court

ABSTRACT

The Criminal Procedure (Identification) Act, 2022, has been passed by the Parliament recently, and it soon received the President’s assent. The Act is intended for the collection of ‘measurements’ of convicts and other persons for easing criminal investigation. There are various loopholes in the Act as viewed by the Experts. However, this paper is intended to look into the aspect of the excessive power granted to the police officers or the prison officers regarding such collection. The Central or the State Government, as it may be appropriate, has been allowed to prescribe the manner of such collection by the police. This is a classic case of granting Excessive discretion to the police, who are vested with the power to collect ‘measurements’ on their own accord. In fact, inspite of the presence of the term ‘measurements’, there is wide ambiguity surrounding the term, which makes it more arbitrary. The police/ prison officer is allowed to take such measurements, and in case the person whose measurements are to be taken resists or refuses to allow to take measurements, that person is liable for an offence under the IPC. Another very discriminatory and authoritative provision provides that none who does anything in good faith under the Act can be proceeded against in a suit or any other proceeding. This paper intends to analyze the extent of the power granted to the police under the Act and the complications associated with it.

Keywords: Excessive delegation, unreasonable discretion, surveillance states, welfare state, measurements.