Independent Oversight In Biometric Governance: A Missing Link In Indian Criminal Procedure
- IJLLR Journal
- 2 minutes ago
- 1 min read
Abdus Sami Osman Chaus, Yashwantrao Chavan Law College & Ph.D. Research Centre, Pune
ABSTRACT
The increasing reliance on biometric technologies in criminal investigation has significantly expanded the scope of State power over the individual. The Criminal Procedure (Identification) Act, 2022 institutionalises large-scale collection, storage, and retention of biometric and biological data within the Indian criminal justice system. While the legislation aims to modernise investigation and enhance forensic capacity, it provides limited mechanisms for independent oversight or accountability. This raises serious constitutional and institutional concerns in a democratic system committed to the rule of law.
This article examines the oversight architecture of the Criminal Procedure (Identification) Act, 2022 through the lens of constitutional principles, particularly Articles 14 and 21 of the Constitution of India. It argues that internal executive supervision is insufficient to regulate data-intensive and intrusive biometric practices. Drawing upon Supreme Court jurisprudence, administrative-law principles, and comparative models from jurisdictions such as the United Kingdom and the European Union, the article demonstrates that independent oversight bodies are central to rights-based biometric governance.
The article contends that the absence of an independent supervisory authority constitutes a structural deficiency in India’s biometric framework. It proposes that an oversight authority with supervisory, audit, and grievance- redressal functions would enhance transparency, protect fundamental rights, and strengthen public trust without undermining investigative efficiency. The article concludes that independent oversight is not merely a policy choice but a constitutional necessity for ensuring that biometric governance operates within the limits of legality, proportionality, and democratic accountability.
Keywords: Biometric Governance; Criminal Procedure (Identification) Act, 2022; Independent Oversight; Data Protection; Criminal Justice Administration; Privacy and Accountability; Rule of Law; Surveillance Regulation; Human Rights.
