The Delhi High Court issued notice to the Ministry of Home Affairs, National Crime Records Bureau, and the Delhi Government on a plea challenging the Criminal Procedure (Identification) Act, 2022, which permits collection of biometric and biological data for investigations.
NEW DELHI: The Delhi High Court issued a notice to the Ministry of Home Affairs, the National Crime Records Bureau (NCRB), and the Government of Delhi regarding a petition that challenges the Criminal Procedure (Identification) Act, 2022, along with its associated Rules.
This law authorizes police to gather, store, and analyze physical and biological samples, including retina scans, behavioral attributes, and DNA from convicts, arrested individuals, and others to support investigations.
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The 2022 legislation replaced the Identification of Prisoners Act, 1920.
A Division Bench consisting of Chief Justice Devendra Kumar Upadhyaya and Justice Tejas Karia has requested responses from both the Central and Delhi governments.
The petition was brought forward by two university students from Delhi, who claimed they were detained last year while participating in a peaceful protest. The students alleged they were coerced by police into providing biometric samples.
Senior Advocate Diya Kapur, representing the petitioners, argued that under this new law, even those accused of minor offenses have their information sent to the NCRB.
Kapur stated,
“Let’s say I am convicted for a very minor offence or even accused, like participating in a protest. Do I deserve to have my measurement in the NCRB? All these measurement concern my right to privacy under Puttaswamy the Supreme Court judgement recognising right to privacy,”
Kapur also raised concerns regarding who holds and can access this data.
In addition to questioning the constitutional validity of the new laws, the petitioners are seeking directions to delete and destroy the data collected from them by the police.
They argued that the Criminal Procedure (Identification) Act, 2022, and its Rules enable excessive and invasive data collection from convicts, arrestees, and detainees. The law allows data to be stored for up to 75 years and broadly shared through the NCRB.
It was asserted that the legislation lacks adequate safeguards, does not meet the proportionality requirements established in the Puttaswamy case, and represents excessive delegation of authority.
Along with Senior Advocate Diya Kapur, advocates Apar Gupta, Abhinav Sekhri, Naman Kumar, Indumugi C, and Avanti Deshpande also represented the petitioners.
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