Serious sexual offenders to be named in national database

The proposed national database on sexual offenders will have three categories based on the enormity of the crime they have committed with serious offenders finding their name in the list for life.

For better profiling, according to an official document prepared by the Ministry of Home Affairs (MHA), the database will also integrate details of non-sexual offences committed by the sexual offender so that investigating agencies can do a better profiling of the accused.

Another feature is the facial recognition module that ensures the proper linking of related records. There would be a validation mechanism for enabling merging of records of the same offender together for proper oversight and avoiding system errors.

According to the document, the categorisation of sexual offenders will be done by a deputy superintendent of police or an additional superintendent of police.

Under the classification, the Tier-I category of sexual offenders have been described as those posing a low danger to the community and is not likely to engage in criminal sexual conduct.

In this category, those who have been convicted under Sections 376 (technical rape and elopement etc), Section 354 (outraging the modesty of women through assault or criminal force) and Section 377 (unnatural sex).

A first-time offender would see his name in the database for 15 years from the date of registration of offence and for 25 years for repeat offenders.

Tier-II will have those posing a moderate danger to the community and may continue to engage in criminal sexual conduct. This would contain cases of rape by known people, family and incest among others.

A first-timer in this category will have his name for 25 years in the database but a repeat offender will find his name for life.

Tier-III indicates that a person poses a serious danger to the community and will continue to engage in criminal sexual conduct. This category includes habitual offenders, violent criminals and cases related to gang-rape, custodial rape, rape and murder, and brutalisation with rape.

"The data for the offenders lying in this category will be retained for life, and would be liable for removal only after the death of the offender," it said.

These categories will be further subdivided into juvenile offenders list and adult offenders list and there will be a provision to subdivide the list into various other sub-categories such as paedophile.

The offender's name will be deleted after acquittal from the courts or after the expiry of the time period to be decided.

The database will have records, including photographs and fingerprints, related to offenders across India who have been arrested and charge-sheeted as well as those convicted for a sexual offence.

"The primary goal of this database is to provide tracking and monitoring of the offenders. In order to better achieve this goal, the state police will be requested to keep 'history sheets' at police station level on the pattern of a rowdy sheet for Tier-II and Tier-III sexual offenders as well. The said history sheet shall be updated from time to time upon changes in the status of the offender," the document stated.