CONSTITUTIONAL IMPEDIMENTS IN CRIMINAL PROCEDURE IDENTIFICATION ACT 2022: AT A GLANCE

Abstract

An investigation is a critical component of criminal procedure. Investigation is closely related to collection of evidence and identification of the accused. The Criminal Procedure (Identification) Act, 2022 has significantly altered criminal identification methods. It supersedes the Identification of Prisoners Act of 1920. The concept of measurements was restricted in previous legislation, but it now encompasses almost every biological material as a measurement. The information specified under the Act forms part of the personal data of individuals and is thus protected under the right to privacy of individuals. In 2017 Supreme Court of India in historic judgment has held that the right to privacy is a fundamental right. It may also fail Article 14 requirements of a law to be fair and reasonable and for equality under the law. The important challenges involved in this Act are that data can be collected not only from convicted individuals, but also from individuals arrested for any offence and from any other person to aid an investigation. Compulsory taking of measurements of an accused would come within the mischief of Article 20 (3). Act enables coercive drawing of samples and possibly involves a violation of Article 20(3), which protects the right against self- incrimination. Therefore, scope for arbitrariness is present in this Act which can possibly misused by the police authorities.