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1 results

  • Analysis of India’s Criminal Procedure (Identification) Act, 2022: Determining Potential Misuse and Possible Violations of Fundamental Rights

  • Vaibhav Yadav
  • Journal:
    International Annals of Criminology / Volume 60 / Issue 2 / July 2022
    Published online by Cambridge University Press:
    22 September 2022, pp. 251-268
    Print publication:
    July 2022

  • India’s parliament has passed the Criminal Procedure (Identification) Act of 2022 following a lengthy debate. Legislation is being introduced to rescind the 1920 Identification of Prisoners Act, which permitted the use of identification and investigative methods on detainees. The 2022 Act’s expanded definition of measurements includes iris and retina scans, behavioural traits like handwriting, fingerprint imprints and palm impressions (and their analysis), and physical and biological samples. When reporting measurements, the phrase “and their analysis” implies that profiles can be generated from a variety of sources of information. The Act stipulates that measurements are to be preserved in digital or electronic form for 75 years. This article intends to assess the Act’s potential misuse and possible violation of fundamental rights such as the right to equality and privacy of those covered by the Act. Additionally, the author wishes to provide a concise explanation of the Act and numerous other related issues.