LIJDLR

FROM PRISONERS TO SUSPECTS: RECONFIGURING STATE POWER UNDER THE CRIMINAL PROCEDURE (IDENTIFICATION) ACT, 2022

Abdus Sami Osman Chaus, Ph.D. Research Scholar, Yashwantrao Chavan Law College & Ph.D. Research Centre, Pune (India)

The Criminal Procedure (Identification) Act, 2022 represents a significant transformation in India’s framework of criminal identification by expanding the categories of individuals from whom biometric and biological data may be compulsorily collected. Unlike the Identification of Prisoners Act, 1920, which primarily targeted convicted persons and limited custodial categories, the 2022 legislation extends biometric extraction to individuals arrested, detained, or subjected to preventive proceedings. This structural shift marks a movement from a conviction-centric to a suspicion-based identification regime. This paper examines the constitutional implications of this transformation. It argues that the expansion of biometric authority reconfigures the relationship between suspicion, presumption of innocence, and State power. By integrating undertrials and preventive detainees into long-term biometric databases, the Act risks blurring the normative distinction between accusation and adjudicated guilt. The study evaluates the legislation through the lenses of Articles 14 and 21 of the Constitution of India, particularly the doctrines of proportionality, non-arbitrariness, and informational privacy. Using a doctrinal research methodology supported by statutory analysis and judicial precedents, the paper contends that while technological modernisation of investigation may serve legitimate objectives, the breadth and duration of biometric inclusion demand heightened constitutional scrutiny. The paper concludes that a calibrated framework incorporating differentiated safeguards and temporal limitations is necessary to preserve the constitutional balance between investigative efficiency and individual liberty.

📄 Type 🔍 Information
Research Paper LawFoyer International Journal of Doctrinal Legal Research (LIJDLR), Volume 4, Issue 1, Page 741–767.
🔗 Creative Commons © Copyright
This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License . © Authors, 2026. All rights reserved.