The Criminal Procedure (Identification) Act, 2022 was introduced to replace the erstwhile Identification of Prisoner Act, of 1920 of the British era and augment the criminal investigation system by modernizing and expanding the scope of criminal identification procedures in India. This legislation has courted significant controversy around its legitimacy owing to its alleged inconsistency with the prevailing constitutional values of individual personal liberty and privacy, given the unrestrained powers it vests in the police. This research article aims to present a comprehensive study of the Act with special reference to the powers of the police and concerns about privacy and personal liberties arising out of it. To this end, the history of the modern Indian police system and the legal framework for identification procedures in India leading up to the adoption of the present Act has been traced. The article further sheds light on the importance of forensic identificatory evidence for the criminal justice system indicating the need for a comprehensive law relating to identification procedures. It discusses the evolving constitutional paradigm of the fundamental right topPrivacy of individuals and then analyses the concerns and issues pervading the Act.

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Fingerprinting Freedom: A Case of Over-Policing Under the Criminal Procedure (Identification) Act, 2022

  • Satyajeet Panigrahi,
  • Subarna Ghosh

摘要

The Criminal Procedure (Identification) Act, 2022 was introduced to replace the erstwhile Identification of Prisoner Act, of 1920 of the British era and augment the criminal investigation system by modernizing and expanding the scope of criminal identification procedures in India. This legislation has courted significant controversy around its legitimacy owing to its alleged inconsistency with the prevailing constitutional values of individual personal liberty and privacy, given the unrestrained powers it vests in the police. This research article aims to present a comprehensive study of the Act with special reference to the powers of the police and concerns about privacy and personal liberties arising out of it. To this end, the history of the modern Indian police system and the legal framework for identification procedures in India leading up to the adoption of the present Act has been traced. The article further sheds light on the importance of forensic identificatory evidence for the criminal justice system indicating the need for a comprehensive law relating to identification procedures. It discusses the evolving constitutional paradigm of the fundamental right topPrivacy of individuals and then analyses the concerns and issues pervading the Act.