Nandini Chhabra, LLM, Galgotias University, Greater Noida
ABSTRACT
The Criminal Procedure (Identification) Act, 2022, establishes legal sanction for taking the necessary body measurements of individuals who are obligated to provide such measurements, which will improve the speed and efficiency of criminal investigations as well as the likelihood that criminals will be found guilty. The Identification of Prisoners Act, 1920, which was in existence for 102 years, is replaced by the Criminal Procedure (Identification) Act, 2022. The law allows for the collection, storage, and analysis of physical and biological samples, including scans of the iris and retina of guilty individuals, by law enforcement agency including magistrates and prison staff. The Act expands the definition of "measurements," the data that may be gathered includes fingerprints, palm prints, footprints, photographs, physical samples. The Act specifies that prison personnel not below the position of head warder may collect measures, in addition to stating that any officer not below the rank of head constable or the official in charge of the police station may also do so. The objective behind the study is to analyse the legal provisions infringing the rights of accused under Article 20(3) of the Constitution of India in the light of various judgments. The research is proposed on doctrinal research and aims to a theoretical analysis of the Criminal Procedure (Identification) Act, 2022 vis a vis the right against self-incrimination. The research has been made on a doctrinal model of research based on comparative analysis and critical examination of secondary sources such as a journals, articles, books etc. The research will determine if the Instant Act will excessively empower the judiciary and police system in the process of collecting evidences.
