Topic: Indian Constitution—historical underpinnings, evolution, features, amendments, significant provisions and basic structure.
3. The data proposed to be collected through measurements of convicts and others does not appear to be disproportionate with the stated objectives of the Criminal Procedure (Identification) Act, 2022. The right of an individual will have to be considered in the background of the interests of society. Critically analyse. (250 words)
Difficulty level: Moderate
Reference: The Hindu
Why the question:
The Criminal Procedure (Identification) Bill, 2022 (now Act), that received the President’s assent on April 18 and ‘shall come into force on the day of such notification’, has raised eyebrows.
Key Demand of the question:
To analyse the Criminal Procedure (Identification) act, its positives and negatives and the need to balance the rights of individuals and societal interests.
Directive word:
Critically analyze – When asked to analyse, you must examine methodically the structure or nature of the topic by separating it into component parts and present them in a summary. When ‘critically’ is suffixed or prefixed to a directive, one needs to look at the good and bad of the topic and give a balanced judgment on the topic.
Structure of the answer:
Introduction:
Begin by writing about the aims and objectives of Criminal Procedure (Identification) Bill, 2022
Body:
First write about the important features of the bill which to repeal The Identification of Prisoners Act, 1920 – it would define ‘‘measurements’’ to include “signature, handwriting, iris and retina scan, physical, biological samples and their analysis, etc, empowers the National Crime Records Bureau of India (NCRB), under the Union Home Ministry, to collect, store and preserve the record of measurements for at least 75 years etc.
Next, write about how this will assist in making investigation of crime more efficient and expeditious – higher convictions rate, easy of data access, coordination among agencies etc.
Next, write about the various concerns with respect to the bills – unfettered powers to law enforcement agencies to interpret the law as per their convenience, ambiguous wording, scope for misuse etc. Mention about the various constitutional aspects and SC interpretations in various cases.
Conclusion:
Conclude by writing a balanced opinion forward.
