Critical Analysis Of Criminal Procedure Act 2022 With Specific Reference To The FRs

Critical Analysis Of Criminal Procedure Act 2022 With Specific Reference To The FRs Guaranteed Constitution Of India

Mahajan B K, Christ (Deemed to be University)

ABSTRACT

The Criminal Procedure Identification Act 2022, which mandates collecting and maintaining biometric and demographic data of all individuals accused of any criminal offence, has raised concerns about its constitutionality. This paper aims to analyse the constitutionality of the act in light of the Indian Constitution's fundamental rights provisions. The research methodology used in this paper is a combination of a doctrinal study of the relevant legal provisions and case law and an empirical study with legal experts and affected individuals. The paper will address the question of the act's unconstitutionality by examining whether it violates the fundamental rights guaranteed under Articles 14, 20(3), and 21 of the Indian Constitution. The paper argues that the act is unconstitutional as it violates the right to equality guaranteed under Article 14. The act creates arbitrary classifications between individuals accused of criminal offences and violates the principle of non-discrimination. The paper also contends that the act is violative of Article 20(3), which provides protection against self- incrimination. The mandatory collection of biometric and demographic data of individuals accused of criminal offences may lead to self-incrimination, and this violates the constitutional protection provided under Article 20(3).

Furthermore, the paper argues that the act violates the right to privacy and personal liberty guaranteed under Article 21. The collection and maintenance of personal data without adequate safeguards for its protection may infringe upon an individual's right to privacy, which is an essential component of personal liberty. In conclusion, this paper highlights the unconstitutionality of the Criminal Procedure Identification Act 2022 and the potential harm it poses to the fundamental rights of individuals in India. The paper recommends the amendment or repeal of the act to ensure compliance with the Indian Constitution's fundamental rights provisions.