Biometric Data Collection Under CrPI Act
Relavane: Social Issues | Governance | Internal Security
Context
In March 2025, Delhi and Rajasthan became the first Indian states to implement the Criminal Procedure (Identification) Act, 2022 (CrPI), initiating the collection of biometric data — including fingerprints, iris, and retina scans — from all arrestees and accused individuals, even without formal arrest. This move is supported by Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, allowing biometric collection through investigative notices. The initiative aims to modernise criminal investigations and enable data-driven policing, marking a significant shift in India’s law enforcement practices, while also raising serious concerns over privacy, misuse, and ethical safeguards.
Key Features of CrPI Implementation
- Data Collected:
- Biometric: Fingerprints, retina scans, iris scans
- Target Group: All arrested persons and accused individuals, irrespective of arrest status
- Legal Backing:
- BNSS 2023, Section 35(3) – allows biometric collection via notice to join investigation, even without arrest
Objectives
- Modernise investigation techniques
- Enable data-driven and forensic policing
- Facilitate long-term criminal profiling and tracking
DNA Collection – Yet to Begin
- Permitted under CrPI (biological sample clause), though not explicitly detailed
- NCRB’s Role:
- Developing Standard Operating Procedures (SOPs) for:
- Fingerprints, palm-prints, footprints, iris scans, photos
- Behavioural traits: handwriting, signatures
- DNA profiling
- Collaborating with forensic labs to finalise DNA loci for national standardisation
- Developing Standard Operating Procedures (SOPs) for:
- Challenges:
- Inadequate forensic infrastructure
- Logistics and trained manpower constraints
Data Storage and Use
- Centralized biometric data servers in both states
- NAFIS (National Automated Fingerprint Identification System):
- Operated by NCRB
- Active in 1,300 police stations
- Over 1 crore fingerprint records stored
- Each entry linked to a unique 10-digit ID
Concerns and Implications
- Privacy risks due to sensitive data handling
- Possible misuse or breaches without a strong data protection framework
- Raises ethical concerns under the Right to Privacy (K.S. Puttaswamy v. Union of India, 2017)
- Need for safeguards:
- Data retention limits
- Independent oversight
- Transparent use protocols
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