2.15.32 Criminal Procedure (Identification) Bill, 2022, enacted without Public Consultation.
Highlights of Criminal Procedure (Identification) Act, 2022
Criminal Bill Infographics
Article From Free Earth Alliance
The directives specified under the sections of the Criminal Procedure (Identification) Bill, 2022 passed in Lok Sabha, [Criminal Procedure (Identification) Act, 2022] is wholly unlawful, illegal and unconstitutional. Mankind is natural and only the concerned living being has a natural right to every part of his body. Any law made by any group of people, that completely encroaches upon people’s natural right, is unconstitutional, unlawful and unnatural.
A group of people i.e. a nation, gives another sub-group administrative powers, by creating certain processes, incorporating men/ women into those processes, in the name of the good of another man and against their will/ acceptance, forcefully uses this administrative power without their consent, as the case may be, it is criminal offence.
As per the amended Article 13(2) of the Indian Constitution: The State shall not make any law which takes away or reduces the rights conferred by this part and every law made in violation of this section shall be void to the extent of violation.
Lok Sabha had passed this Bill skipping pre-legislative procedure on Bills. What is the pre legislative procedure of passing Bills?
How can citizens be more involved?
Statement on the Draft Criminal Procedure (Identification) Act, 2022
Author: Jessica Mathis, Ph.D., People’s Advocate & US Citizen
Dr. Martin Luther King, Jr. – a great leader and civil rights activist, as well as student of the notable Mahatma Gandhi, said the following:
“An injustice anywhere, is an injustice everywhere.”
With this in mind, I feel the urgent need to speak up in support of my brothers and sisters in India, at this time. I stand boldly with the citizens of India, in the face of tyranny and against the outright assault on their liberties. I write in opposition to the Draft Criminal Procedure (Identification) Bill, 2022. I pray for and make a declaration for peace, prosperity, protection, and freedom, for all Indian citizens. There comes a time when we must not be silent; and this, is that time.
In Faith and Unity,
Jessica Mathis, Ph.D.
People’s Advocate & US Citizen
Salient Features of Criminal Identification (Procedure) Act 2022 with Comments/Questions below.
Published by Free Earth Alliance
- Why ? – Bill/ Act authorises taking measurements of convicts and “other persons[MP1] ” for identification/ investigation in criminal matters [MP2] and to preserve such records. [Preamble]
- What? “measurements” includes finger-impressions, palm-print impressions, foot-print impressions, photographs[MP3] , iris and retina scan, physical[MP4] , and biological samples [MP5] and their analysis[MP6] , behavioural attributes [MP7] including signatures, handwriting or any other examination referred to in section 53 or section 53A of the Code of Criminal Procedure, 1973[MP8] ; [Section 2]
- Who & How? Taking of measurement. [Section 3]:
Bill/ Act provides
(a) convicts,
(b) persons ordered to maintain peace when in anticipation to be in bad behaviour –
i. during emergency, when breach of peace is considered imminent
ii. person disseminating seditious matters [MP9], [MP10]
iii. person taking precaution to conceal his presence, with a view to commit a cognizable offence
iv. hardened & habitual offenders likely to commit offences, based on their past
(c) preventive detainees
To allow police/ prison officer to take “measurements” as per Rules under this Act. Though arrested persons [MP11] can refuse taking of their biological samples[MP12] , unless they have committed offence against a woman/child or any offence that carries 7/ 7+ years of prison term.
- National Crime Records Bureau for purpose of “prevention, detection, investigation and prosecution of any offence”, will manage the collection of measurements from Central/State Government, and store/ preserve/ destroy/ process/ share/ disseminate to any law enforcement agency. Allows to preserve measurements for 75 years. Norms provided for destruction of measurement records. SG/UT may appoint any agency to collect[MP13] , preserve and share the measurements in their respective jurisdictions. [Section 4]
- Magistrate has been given powers to issue order to “any person”[MP14] to give measurements and such person “shall” allow them to be taken. [Section 5]
- If there is resistance & refusal to allow, it will be lawful for police/ prison officer to take such measurements as per rules under this Bill/Act, and such refusal/ resistance will be deemed to be an offence u/s 186 of IPC. [Section 6]
- No suit/ proceeding against any person for doing/ intending to do anything in good faith under this Act/ Rules. [Section 7]
Comments/ Questions on the above Salient Features!
[MP1]Not defined in the Act/ Bill.
[MP2]Not specified/ linked to any specific section. Is it defined in IPC/ CrPC?
[MP3]Does it include facial recognition technology taken by surveillance cameras?
[MP4]Not defined in the Act/ Bill. Open ended.
[MP5]Not defined in the Act/ Bill. Could it be open ended? Could it be nasal/ oral/ anal swabs/ DNA sample ?
[MP6]Does it include software algorithm based analysis using AI/ Robotics/ Drones/ CC TV cameras?
[MP7]Not defined in the Act/ Bill.
[MP8]Such examinations that are prescribed for rape accused.
[MP9]“Whoever, by words, either spoken or written, or by signs, or by visible representation, or otherwise, brings or attempts to bring into hatred or contempt, or excites or attempts to excite disaffection towards the Government established by law in India”.
[MP10]Sedition is language intended to incite insurrection against the governing authority. Insurrection means a “violent uprising against an authority or government.”
Sedition Law in India
[MP11]Means only Sec3(a) & Sec 3(c) is covered in the proviso ie.e exception. Which means persons u/s 3(b) don’t have the privilege of the exception to refuse biological samples. Means convicted and arrested person is given a leeway, but person under suspicion don’t have the leeway. Now Suspicion can be on any one? This can be mis-used by law enforcement & government to suppress consumer rights/ citizen rights, etc.
[MP12]Not defined in the Act/ Bill.
[MP13]Collection from whom ? Is it from SG/UT administration/ Law Enforcement agencies or Collection from persons, that is not clarified for Section 4(3). It can be interpreted to mean collection from persons can be awarded to any agency by administration. agency could be private/ public.. no restrictions have been provided.
[MP14]It has not been limited to persons listed under Section 3. Does it mean they can issue to anyone?
Use Cases of Concern: Potential Mis-use Scenarios of The Criminal Identification (Procedure) Act 2022.
Published by Free Earth Alliance
- Can the CP(I)A be used as an indirect tool to force RT-PCR “Test” deniers into submission on the false pretext that these people are suspected criminals for spreading infection through coronavirus u/s 2 of Epidemic Diseases Act 1897 and spreading truth about the fake pandemic, accusing them of allegedly spreading mis-information/ dis-information (which can be seen as seditious by Magistrate, and has the potential of making people disaffected to the lawfully elected government)? Considering that there is a suspicion that RT-PCR “tests” are poison applicators and DNA collection tools for bringing in a surveillance state! Can this DNA data not be misused for designing targeted bio-weapons, with the threat of bio-terrorism/ bio-warfare having been brought out by none other than Late Shri Bipin Rawat, the then Chief of Defence Staff, after which he was mysteriously informed to have died!
- Can the CP(I)A be used as an indirect tool for collection of DNA without consent, from deniers of voluntary COVID-19 measures, CAB, COVID-19 samples through swab/ blood sample Injections and any other declared emergencies including potential false flag emergencies such as the current false flag COVID-19 pandemic/ epidemic (since no evidence of isolation/purification of virus has been presented & courts have rejected such petitions where this could have been debated and discussed), especially considering the onset of Public Health (Prevention, Control & Management of Epidemics, Bio-Terrorism & Disasters) Bill may allow for declaration of Pandemic without there being a Pandemic (as evident from Bills in State of Victoria/ South Africa, while Indian MOHFW has not shared the draft with public so far), into submission on the false pretext that these people are suspected criminals for spreading infection through coronavirus u/s 2 of Epidemic Diseases Act 1897/ and disseminating of mis-information/ dis-information as per the interpretation of the administration?
- Can the sample collection and its result analysis, taken without consent be integrated/ triangulated with the other biological, physical, and digital IDs and with signals received from the geo-location of the human body using the 5G Towers, enabled due to the presence of the nano particles/ graphene oxide in the body, which the nasal swabs are suspected to deliver into the body. Can this not be used to implement a real time, targeted identification, tracing, tracking, monitoring, control, command and elimination through a combination of 5G/ AI/ Robotics/ Drones/ Satellite technology, and blame it on a fake virus/ underlying conditions that are a result of modern medicine.
- Can the sample collection be used to identify vaccination status of people with fake Vaccine certificates i.e. trans-vaccinated, blood sample collection/ body scanning technology/ fluorescent like Fluorometric Detection/ Scanning technology, which people had to resort to in the wake of the fake pandemic & unlawful measures and lack of timely justice from civil courts?
- Why so much focus on improving technology to nail criminals? All criminals are the result of failure of capitalistic system and governance and breaking of the family unit achieved by departure from Vedic Law. Is it a way to silence people who suffered from lockdowns based on fake pandemic, and show them as potential criminals ? A person who has been wronged by the State, is entitled to be angry and is also duty bound to take the State down as per dharma & as per the Constitution as well! Are the Rich, Elite and government officials expecting a movement which they are wanting to nip in the bud by using this law, by projecting the movement as a terrorist/ naxal movement?
- Has any investments/projects/programs been done by the State to reduce and prevent the incidence of crime by bringing in harmony and prosperity and re-aligning criminals and potential criminals into the society, through healing, compassion, and empathy?
- How can the government assume that ministers/ rich / influential will not escape these provisions and finally these provision will not be used on innocent, nature-friendly, spiritual, divine loving beings opposed to the attempts of hijack of liberties and freedoms from the government and medical establishment over-reach that has been witnessed in the last 2 years in the guise of a public health emergency, due to a potential common cold/ body’s detox from radiation from 5G/EMF/ HAARP technologies, exaggerated as a pandemic?
- Bill/ Act may be used to suppress Elected Representatives / People as well.
BREAKING: Lok Sabha Passes Criminal Procedure (Identification) Bill Which Allows Collection Of Prisoners’ Biometrics
Misleading headline as it is also applicable for accused and suspected as well and not just for convicts. Not only biometric but any kind of biological and physical testing/ sample can be obtained by police/ prison/ magistrate.
The Criminal Procedure (Identification) Bill, 2022
DEMOCRACY or Fascism?; Democracy handcuffed; Criminal Identification Procedure Act or Citizen Identification Procedure Act?
5/4/22
Kovai Ravichandran – Cyber Crime Analyst, V.Rajendran – Cyber Law Advocate, Chairman DISAI.
Dr Tangella Siva Prasad Reddy – Independent Journalist & CEO. Mob: +91 9440465339
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