Plea In Delhi High Court Challenges Vires Of Criminal Procedure (Identification) Act, 2022; Hearing Tomorrow

A plea has been filed in the Delhi High Court challenging the vires of Criminal Procedure (Identification) Act, 2022 as being unconstitutional, illegal and void. The Act allows the collection of biometrics of prisoners. 

The Act received Presidential assent yesterday.

A division bench comprising of Acting Chief Justice Vipin Sanghi and Justice Navin Chawla will be hearing the matter tomorrow.

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.

"It is further submitted that provisions of the Act makes it lawful for the police to forcibly take 'measurements' of convicts, arrestees, detainees, undertrials and any person who may be remotely involved with the connection of an offence without prima facie establishing their involvement or the evidentiary value of such 'measurements'. 'Measurements', also include 'biological samples', their 'analysis' and 'behavioural attributes' and can be taken forcibly in case of resistance or refusal," the plea states.

The plea avers that the coercive provision 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.

"These provisions constitute a clear attack on 'personal liberty' and clearly fall foul of Article 21 of the Constitution and are thus liable to be struck down," the plea states.

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

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