After being introduced in the Lok Sabha in April, 2022, the Criminal Procedure (Identification) Bill was subsequently passed by the Rajya Sabha in April, 2022 and the same month, it received Presidential Assent to become an Act. The purpose behind the enactment of this legislation is of great importance. But, before understanding the essentials of this Act, it is necessary to understand the Identification of Prisoners Act, 1920 which has hereby been repealed.

The Identification of Prisoners Act, 1920 was the only law in India till date which allowed the Police to gather basic identifiable information such as fingerprints and footprints of the detained and convicted persons.[1] It was enacted in the British era but, could not be amended till date to include the modern technologies even after recommendations made by the Law Commission. It is because of this flaw that the authorities remained dependant upon the primitive techniques for the purposes of investigation till date.

The Criminal Procedure (Identification) Act, 2022 replaced the previously existing Identification of Prisoners Act, 1920 in order to include a wide variety of data which will aide in the process of investigation. A key feature of the bill is its widened definition of measurements, which includes iris and retina scans, behavioural attributes, including signatures, handwriting, finger impressions, footprint impressions, palm-print impressions, photographs, and also physical, biological samples “and their analysis.”[2]

However, the essential features which aide the authorities in investigation have come out to be a threat towards the fundamental rights of the prisoners. Right to Privacy, which is included under Article 21 of the Constitution, seems to be infringed due to such uncontrolled exposure of data. In addition to the same, there is no clarity in the Act regarding the management of the database and means of securing the data. Given that there is no guidance regarding the manner in which records are to be shared, the lack of standardization with respect to procedures for forensic examination and investigation and the sweeping powers being bestowed upon investigative authorities, such lack of regulation is deeply concerning.[3]

The materials that are necessary to be collected for investigation as per the requirements of Sections 53, 53A and 54 of the Code of Criminal Procedure, are blood samples, swabs, etc. inclusive of DNA profiling. Signatures and handwriting are also to be collected for the purposes of investigation. Hence, it becomes extremely necessary to take essential measures to protect and secure such data so that it does not infringe the fundamental rights of a particular category of citizens.