Karnataka assembly passes 3 Bills. Here're details

News Network
September 17, 2021

Bengaluru, Sept 17: The Karnataka assembly on Friday passed the 'Identification of Prisoners (Karnataka Amendment) Bill,' which seeks to include collection of blood, DNA, voice and iris scan samples as "measurements" of offenders for effective surveillance and prevention of breach of peace and crime.

The bill, which amends the Central act of Identification of Prisoners with respect to its application to Karnataka, also empowers Superintendent of Police or Deputy Commissioners of Police, in addition to the judicial magistrate first class, to order for collection of measurement to avoid delay and workload.

Piloting the bill for the consideration of the House, Home Minister Araga Jnanendra said "till now foo-print impressions were collected. Now we have added blood, DNA, voice, and iris scan samples to it. Earlier the measurements were collected for those with rigorous imprisonment for a term of one year, now it has been changed to a term of one month."

He said the bill empowers SPs and DCPs to order destruction of measurement after a period of 10 years, unless otherwise directed by the court or any other competent authority.

Participating during the discussion on the Bill, Congress MLA Tanveer Sait sought to know whether collecting measurement was necessary when such details are available in an individual's Aadhar data. Another Congress MLA Priyank Kharge said the government intends to create a database of biometrics and forensic tools needed for investigation and also sought to know whether the necessary infrastructure was in place.

"Also, has the government thought about the right to privacy?"

Responding to the queries, the Minister said, measurements were collected for those with Rigorous Imprisonment for a term of one month and above and it will be stored in the criminal tracking system in Bengaluru, so there will be concerns of any breach.

He said it would also be helpful in identifying habitual offenders.

Also passed was a bill providing for the constitution of the Karnataka Prison Development Board for strengthening prisons and initiating correctional administrative measures. Titled 'Karnataka Prison Development Board Bill', it also provides for initiating measures for skill improvement, welfare of prisoners and prisons' staff and expanding prison industries.

The bill, in its statement of objects and reasons, said "it is considered necessary to provide for the constitution of the prison development board for development of modern prison industries and formulate a plan for job oriented technical programmes in different areas, to earn incentives."

The board can suggest ways and means for improving coordination between different stakeholders, examine the present setup of prison industries and formulate a plan for modernisation and to start job oriented programmes including technical oriented ones, keeping in view the needs of prisoners after release, it said.

Participating during the discussion on the bill, several legislators, including Congress' U T Khader said reforms are needed, but prisons should also be a place of deterrent for prisoners, while highlighting several illegal activities taking place in them.

Pointing out that the Minister for Prisons and other members of the board were all officials, some MLAs wanted non-official members like representatives of social organisations or journalists to be made members to have effective reforms, while others questioned powers of acquisition, maintenance and disposal of land and building given to the board.

The Minister, in his reply said the board has been constituted for all-round reforms of prisons and representatives from various departments will be its members and added that experts can be invited for its meetings to take inputs.

"States like Haryana are generating revenue of about Rs 600 crore from Prisons. Manpower at prisons should not go to waste," he said.

He also made it clear that there should be no doubts about disposing of immovable properties, as it cannot be done without clearance from the government, and there is a clause for it.

"The committee will rather look into effective utilisation of prison lands that have been lying unused."

Another bill passed today is 'The Code of Criminal Procedure (Karnataka Amendment) Bill' that provides for recording of the evidence of the witness by audio-video-electronic means in the presence of the advocate of the person accused of the offence.

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News Network
February 1,2026

Bengaluru: The Karnataka High Court has refused to quash an investigation against a WhatsApp group administrator accused of allowing the circulation of obscene and offensive images depicting Hindutva politicians and idols in 2021.

Justice M Nagaprasanna observed that, prima facie, the ingredients of the offence under Section 295A of the Indian Penal Code were made out. “The offence under Section 295A of the IPC is met to every word of its ingredient, albeit prima facie,” the judge said.

The petitioner, Sirajuddin, a resident of Belthangady taluk in Dakshina Kannada district, had challenged the FIR registered against him at the CEN (Cyber, Economics and Narcotics) police station, Mangaluru, for offences under Section 295A of the IPC and Section 67 of the Information Technology Act. Section 295A relates to punishment for deliberate and malicious acts intended to outrage the religious feelings of any class of citizens.

According to the complaint filed by K Jayaraj Salian, also a resident of Belthangady taluk, he received a WhatsApp group link from an unknown source and was added to the group after accessing it. The group reportedly had six administrators and around 250 participants, where obscene and offensive images depicting Hindu deities and certain political figures were allegedly circulated repeatedly.

Sirajuddin was arrested in connection with the case and later released on bail on February 16, 2021. He argued before the court that he was being selectively targeted, while other administrators—including the creator of the group—were neither arrested nor investigated. He also contended that the Magistrate could not have taken cognisance of the offence under Section 295A without prior sanction under Section 196(1) of the CrPC.

Rejecting the argument, Justice Nagaprasanna held that prior sanction is required only at the stage of taking cognisance, and not at the stage of registration of the crime or during investigation.

The judge noted that the State had produced the entire investigation material before the court. “A perusal of the material reveals depictions of Hindu deities in an extraordinarily obscene, demeaning and profane manner. The content is such that its reproduction in a judicial order would itself be inappropriate,” the court said, adding that the material, on its face, had the tendency to outrage religious feelings and disturb communal harmony.

Observing that the case was still at the investigation stage, the court said it could not interdict the probe at this juncture. However, it expressed concern that the investigating officer appeared to have not proceeded uniformly against all administrators. The court clarified that if the investigation revealed the active involvement of any member in permitting the circulation of such content, they must also be proceeded against.

“At this investigative stage, any further observation by this Court would be unnecessary,” the order concluded.

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