On April 18, 2022 the Criminal Procedure (Identification) Act, 2022 became law upon receiving the President's assent, and replaced the Identification of Prisoners Act, 1920. Project 39A’s research brief examines the Act and its interaction with other laws that currently govern the field. It then goes on to assess the constitutionality of the Act against the right to equality under Article 14, right against self-incrimination under Article 20(3) and right to privacy under Article 21 of the Constitution, to conclude that several provisions of the Act fall foul of the Constitution. The research brief further looks into issues arising from the Act, that relate to whether the Act in its current form is required, useful, or feasible, from the perspective of science and regulatory and administrative challenges. The brief concludes that the Act does not materially contribute to the goal of improving the effectiveness and efficiency of investigations, and instead increases administrative burdens, while also infringing fundamental rights.

THE REPORT CAN BE ACCESSED HERE.