Section 4 of The Criminal Procedure (Identification) Act, 2022
- (1)The National Crime Records Bureau shall, in the interest of prevention, detection, investigation and prosecution of any offence under any law for the time being in force,
- (a)collect the record of measurements from State Government or Union territory Administration or any other law enforcement agencies;
- (b)store, preserve and destroy the record of measurements at national level;
- (c)process such record with relevant crime and criminal records; and
- (d)share and disseminate such records with any law enforcement agency, in such manner as may be prescribed.
- (2)The record of measurements shall be retained in digital or electronic form for a period of seventy-five years from the date of collection of such measurement: Provided that where any person, who has not been previously convicted of an offence punishable under any law with imprisonment for any term, has had his measurements taken according to the provisions of this Act, is released without trial or discharged or acquitted by the court, after exhausting all legal remedies, all records of measurements so taken shall, unless the court or Magistrate, for reasons to be recorded in writing otherwise directs, be destroyed from records.
- (3)The State Government and Union territory Administration may notify an appropriate agency to collect, preserve and share the measurements in their respective jurisdictions.
Summary
- The National Crime Records Bureau (NCRB) collects, stores, preserves, and destroys measurement records at the national level.
- The NCRB processes these records with other criminal databases and shares them with any law enforcement agency.
- All measurement records must be kept in digital or electronic form for seventy-five years from the day they were collected.
- If a person has no previous convictions with prison sentences and is released without trial, discharged, or acquitted, their records must be destroyed.
- Destruction of records occurs after all legal remedies are finished, unless a court or Magistrate directs otherwise in writing.
- State Governments and Union Territory Administrations can name their own local agencies to collect, preserve, and share measurements.
Practical examples
FAQ
1. Which central agency is responsible for keeping the national database of measurements?
The National Crime Records Bureau (NCRB) is responsible for this database.
2. For how long are these measurements kept in the database?
They are kept in digital or electronic form for seventy-five years from the date they are collected.
3. Can the records of a person who is acquitted be destroyed?
Yes, if the person has never been convicted of an offence carrying imprisonment before, and is acquitted, discharged, or released without trial after exhausting all legal remedies, their records will be destroyed unless a court or Magistrate directs otherwise in writing.
4. Who can notify a local agency to collect and preserve measurements in a specific state?
The State Government or Union Territory Administration can notify a local agency for their jurisdiction.
5. With whom can the NCRB share these measurement records?
The NCRB can share and disseminate these records with any law enforcement agency in the prescribed manner.
Test yourself
Q1.In what format must the record of measurements be stored under Section 4?
Q2.What is the maximum duration for which measurement records must be retained from the date of collection?
Q3.Which national-level agency is responsible for storing, preserving, and destroying measurement records?
Q4.What condition must be met for an acquitted person's records to be destroyed?
Q5.Who can direct that an acquitted person's measurement records should NOT be destroyed?