Silent Testimony: Facial Recognition And The Right Against Self-Incrimination In India - Balancing Technological Surveillance With Constitutional Safeguards In The Digital Age
- IJLLR Journal
- Oct 17
- 1 min read
Varshini R.K. & Yuvalakshmi T.
ABSTRACT
Facial Recognition Technology (FRT) has rapidly become a significant tool for law enforcement, aiding in suspect identification, identity verification, and monitoring public spaces. While it enhances investigative efficiency and accelerates criminal justice processes, FRT also raises serious constitutional and ethical concerns, especially regarding the protection against self- incrimination under Article 20(3) of the Indian Constitution. Unlike traditional evidence, FRT collects biometric and behavioural data that can indirectly reveal personal information, potentially amounting to involuntary testimonial disclosure. This article investigates whether the compulsory use of FRT constitutes a form of compelled testimony and examines the tension between technological efficiency and individual rights. It also situates India’s approach within a global context, comparing regulatory and judicial responses to biometric surveillance in Europe, the United States, and the European Union. The study emphasizes the urgent need for legal safeguards, judicial oversight, and comprehensive regulatory frameworks to ensure that technological progress does not compromise privacy, autonomy, or dignity.
Keywords: Facial Recognition; Self-Incrimination; Article 20(3); Biometric Privacy; Digital Surveillance; Privacy; Judicial Oversight; AFRS; AI in Law Enforcement.
