Prisoners' Biometrics: Delhi HC Issues Notice On Plea Challenging Criminal Procedure (Identification) Act, Centre Objects On Maintainability

The Delhi High Court has issued notice on a PIL challenging vires of the Criminal Procedure (Identification) Act, 2022, which allows the collection of biometrics of prisoners. The Act received Presidential assent on Tuesday.

"It requires consideration," a division bench comprising of Acting Chief Justice Vipin Sanghi and Justice Navin Chawla said.

Advocate Amit Mahajan had objected to the maintainability of the petition, stating that vires of a statute can't be challenged in a public interest litigation.

The Court has directed the Centre to file its reply in the matter within 6 weeks, including on the issue of maintainability.

The matter will now be heard on November 16.

The Criminal Procedure (Identification) Act allows Police to collect finger impressions, palm prints impressions, footprint impressions, photographs, iris and retina scans, physical and biological samples. It also permits the authorities to collect behavioural attributes including signatures, handwriting or any other examination referred under Section 53 or Section 53A of CrPC.

The plea moved by Advocate Harshit Goel challenges sec. 2(1)(a) (iii), 2(1) (b), 3, 4, 5, 6 and 8 of the Act by arguing that the Act affects the fundamental rights of citizens of India, more specifically an undertrial, arrestee, convict or a detainee under any preventive detention law.

The plea avers that the coercive provisions transgresses the right against self-incrimination, a well-established principle of the criminal justice system and mandated under Article 20(3) of the Constitution.

Stating that forcing an individual to part with his 'measurements' under the provisions of Act violates the standard of `substantive due process', the plea submits that sec. 3 and 5 of the Act allows excessive, coercive and arbitrary intrusion into the dignity of a convict as well as of an individual who may be called in for simple questioning, or who is involved in the pettiest of offences.

The plea has been moved through Advocates Yashwant Singh, Harshit Anand and Aman Naqvi.

Case Title: Harshit Goel v. Union of India & Anr.