ABSTRACT The Criminal Procedure (Identification) Act, 2022, represents a significant overhaul of India’s identification laws, expanding the scope of data collection from convicted, arrested, and even certain non-convicted individuals. The Act authorizes the collection of biometric and behavioral data such as fingerprints, iris scans, and signatures, aiming to enhance criminal investigation efficiency and ensure national security. However, the Act raises critical concerns regarding privacy, data protection, and potential misuse, especially in light of the Supreme Court’s recognition of the right to privacy as a fundamental right in Justice K.S. Puttaswamy (Retd.) v. Union of India. This paper critically examines the Act’s provisions, highlighting its strengths in modernizing law enforcement mechanisms while evaluating its compatibility with constitutional safeguards and international standards on human rights. It concludes by suggesting a balanced approach to reconcile state security interests with the protection of individual privacy.
KEY WORDS: Criminal Procedure (Identification) Act, 2022; Privacy; Biometric Data; Right to Privacy; Data Protection; Criminal Justice; Surveillance.
INTRODUCTION
1.1. GENERAL
After being approved by the Parliament of India in April 2022, the Criminal Procedure (Identification) Act, 2022 ultimately went into effect. It repeals the Identification of Prisoners Act of 1920, a colonial-era statute that allowed police to measure suspects who had been convicted, detain or were awaiting trial[1].
The Criminal Procedure (Identification) Bill, 2022, which generated significant controversy, is the main focus of this article. Deliberations in the Indian Parliament took many twists and turns and took all day and night. With the aid of this study, we will look at the numerous aspects of the history and growth of a colonial deed that attempted to keep up with “Badalta Bharat.”
The Criminal Procedure (Identification) Act, 2022 was passed by the Parliament in April 2022 which replaces the Identification of Prisoner’s Act, 1920 that allowed police officers to take measurements of the people who were convicted, arrested or were facing trials in criminal cases.
The Criminal Procedure (Identification) Act, 2022 gives legal sanction to the police officers to take biological and physical samples of the people accused of the crimes and those of convicts as well. Section 53 and 53A of the CrPc (Code of Criminal Procedure) 1973 allows the police to collect data.
[1]GoyamPitalia, Vulnerable to misuse by police, the new Criminal Identification Act can create surveillance state, THE WIRE (Aug. 30, 2022) https://thewire.in/rights/criminal-identification-act-surveillance