Ujwal Trivedi, Partner at M/s Manilal Kher Ambalal & Co (Advocates, Solicitors & Notary), MKA Chambers, British Hotel Lane, Off Mumbai Samachar Marg, Fort, Mumbai, Maharashtra, India.
ABSTRACT
The Criminal Procedure (Identification) Act, 2022 endeavours to advance techniques for prisoner identification to make the entire process of investigation efficient. Whilst the intent of the legislature merits credit, the said Act fails to meet the test of constitutionality on various counts of being disproportionate; violating one’s right to privacy; and violating the well enshrined principle of ‘presumption of innocence’, amongst others. The article sheds light on the extent to which the provisions of the Act have departed from striking a balance between upholding the rights of privacy of individuals vis-à-vis empowering the state authorities with excessive power in conducting investigation in criminal matters.
