Criminal Procedure (Identification) Act, 2022

The Criminal Procedure (Identification) Act, 2022 authorises the collection of specified bodily and behavioural identifiers for identification and criminal investigation. The Act uses the broad term “measurements”, which covers biometric data as well as biological samples, photographs and behavioural attributes.

Measurements covered

Under Section 2(1)(b), the statutory category of measurements includes the following identifiers and samples:

• Finger impressions, palm-print impressions and foot-print impressions are covered.
• Photographs, iris scans and retina scans are expressly included.
• Physical and biological samples, together with their analysis, are covered.
• Behavioural attributes include signatures and handwriting.
• The definition also includes examinations referred to in sections 53 and 53A of the Code of Criminal Procedure, 1973, which may involve bodily substances and DNA profiling.

Scope of collection and retention

Measurements may be taken from specified categories of persons, including convicts, arrested persons and persons detained under preventive detention laws. A magistrate may also direct a person to provide measurements when necessary for an investigation or proceeding.

• The National Crime Records Bureau is empowered to collect, store, process, preserve, share and disseminate records of measurements.
• Records may ordinarily be retained in digital or electronic form for 75 years.
• The Act expressly includes photographs, but does not separately define facial recognition or facial templates.

Right to privacy implications

Biometric and biological information is intimate personal data. Its compulsory collection and long-term storage therefore engage the right to privacy under Article 21, recognised by the Supreme Court in K.S. Puttaswamy v. Union of India.

• Privacy analysis focuses on a valid legal basis, a legitimate state purpose, proportionality and safeguards against misuse.
• Centralised retention and sharing make purpose limitation, access control, data security and effective remedies especially important.