Biometric Laws in India with Special Reference to Criminal Identification ACT 2022 A Critical Study

Abstract

The integration of biometric surveillance technologies into legal and governance newlineframeworks has emerged as a dominant feature of modern states striving for enhanced newlinenational security, administrative efficiency, and digital governance. India, home to one newlineof the largest biometric identity programs globally Aadhaar has significantly expanded newlineits biometric infrastructure. The enactment of the CPI Act, 2022 marks a pivotal newlinedevelopment in the country s surveillance regime. This research critically analyses the newlineevolution, implementation, and implications of India s biometric laws, with a newlineparticular focus on the CPI Act 2022 and its legal, constitutional, and ethical newlineramifications. newlineThe study begins with a contextual overview of biometric surveillance in India, tracing newlineits roots from the implementation of Aadhaar to the gradual embedding of biometric newlinepractices within law enforcement and governance systems. It delves into the newlinetechnological advancements such as facial recognition, iris scanning, and AI-powered newlineidentification tools, and how these tools are shaping surveillance mechanisms. While newlinebiometric data offers potential benefits for criminal investigation and e-governance, newlinethe study highlights the absence of adequate legal safeguards that can lead to newlineinfringements of individual privacy and autonomy. newlineThe CPI, 2022 significantly broadens the scope of data collection by authorizing law newlineenforcement agencies to collect, store, and analyze a wide array of biometric and newlinephysical data from individuals, including convicts, detainees, and even those arrested newlinefor minor offenses. This study critically evaluates the Act s key provisions such as newlineindefinite data retention, discretionary powers granted to authorities, and lack of clear newlineredressal mechanisms. By referencing landmark judgments such as Justice K.S. newlinePuttaswamy v. Union of India (2017) which upheld the right to privacy as a newlinefundamental right under Art. 21, the paper questions the constitutional validity of the newlineAct in its current form. newline