oppn parties Criminal Procedure Law: Poorly Drafted, Violates Rights

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  • The Supreme Court issued notice to the Centre and the Election Commission on a petition challenging Section 16 of the Chief Election Commissioner and Other Election Commissioners Act, 2023, which grants the CEC and Election Commissioners protection from legal proceedings for acts performed in their official duties. The petition argues that such blanket immunity could leave citizens without an effective remedy for alleged wrongdoing by the Commission
  • The Supreme Court told voters whose names were deleted from Delhi's draft electoral rolls not to be apprehensive about seeking re-enrolment through Form 6, after the Election Commission assured it that such applicants would not be prosecuted merely because their names had appeared in earlier rolls
  • Congress leader Rahul Gandhi opened the party's campaign for the 2027 Punjab Assembly elections with an Insaaf rally in Sangrur, Chief Minister Bhagwant Mann's home district, accusing the AAP government of failing to control drugs, gangster violence and corruption. Congress president Mallikarjun Kharge outlined six commitments, including a drug-free Punjab, protection of farmers, employment for young people and action against corruption
  • Rahul Gandhi accused the AAP government of running Punjab through a remote control from Delhi and questioned Bhagwant Mann's ability to tackle drug abuse, making personal allegations about the Chief Minister's conduct during their time together in Parliament
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Criminal Procedure Law: Poorly Drafted, Violates Rights

By Our Editorial Team
First publised on 2022-03-30 10:09:13

About the Author

Sunil Garodia The India Commentary view

The main problem with new laws or amendments to existing laws that are introduced or carried out is often that they are poorly drafted, do not take into account conflicts with other existing laws or are never designed with the thought that they will pass the constitutional test. Further, most of the terms used in the drafting are vague, arbitrarily used or not properly defined. That makes these laws prime candidates for being challenged in courts. Hence, the main purpose of these laws - that to simplify things and reduce legal wrangling - is never achieved and instead they become the subject of numerous court cases.

The Criminal Procedure (Identification) Bill 2022, introduced in the Lok Sabha recently, is an example of one such law. It is no one's case that police investigations should be done with reference to outdated laws (in this case the Identification of Prisoners Act, 1920) since the tools of investigation have changed with rapidly changing technology. There is definitely a need to update the law. But such upgrade cannot be at the cost of violation of right to privacy. What the new bill essentially proposes to do is to collect a huge amount of data from an expanded list of persons by even a head constable. This data will include fingerprints, palm-print impressions, foot-print impressions, photographs, iris and retina scans, physical, biological samples (which can include taking hair and blood samples for DNA profiling), signatures, handwriting or any other examination prescribed in the Code of Criminal Procedure and some of it without the sanction of a magistrate, as is now the law. It seeks to make the police or other investigating agencies the sole judge of whose and what data to collect.

The Bill, as it stands, is not likely to pass the test of constitutionality as it uses vague terms, does not provide assurance of data protection and violates right to privacy, among other rights. It should be redrafted before being made law to ensure that the legitimate interests of the state are served without violating the rights of the individual.