From Fingerprints to Facial Recognition: Constitutional Implications of Technological Expansion under Criminal Procedure (Identification) Act, 2022

In the digitalization era, unrestricted information is circulated around the universe if the progress of the technology and the monitoring methodology of the government. It is the equilibrium between the individual life, liberty, privacy and protection and security of the nation with evolving tension in the society. In the earlier stages the Identification of Prisoners Act was implemented to identify the criminals from measurements that had been taken from the accused. The surveillance of the accused person is controversial over the balance between privacy and security during the criminal justice system. Through the emerging techniques of the criminal identification methods and forensic science by the use of DNA testing, polygraphy, Narco analysis, Brain Electrical Actuating Profiling (BEAP) profiling, etc. The new technology involves carrying out fair investigations and ensuring proper prosecution during the criminal justice delivery system. In the early stages, they mostly depend upon the “eyewitnesses” but it is difficult to prove very effective, as are more often the digital aids. The “third degree methods” for interrogation of the suspects in order to bring out the truth instead of using technological advancement. The rights to privacy are the basic principle of the democratic country to safeguard every individual from unjustified interference and uphold the integrity of the personal boundaries under the CPI Act. The measurements include the footprints, fingerprints, photo, iris and retinal scans, and behaviour and attitude of the accused person. It allows processing, storage, reservation and distribution and the deletion of the measurements for investigation and prevention of crime. This paper argues that the implementation of emerging technologies bolsters human rights and upholds constitutional values. The adoption of such technology is in line with the constitutional test of proportionality and does not violate the right to privacy and other individual rights.