Chennai: The Criminal Procedure (Identification) Act of 2022 has been the subject of a PIL petition, and the Madras High Court on Monday issued notice to the Union Home, Law, and Justice Ministries.

While hearing the petition from V Adarsh of Thiruvotriyur, the first bench of Acting Chief Justice M Duraiswamy and Justice Sundar Mohan issued the notice, due back in six weeks.

The newly passed Act, which was published in the gazette in August of this year, contains sections 2 (1) (a) (iii), 2 (1) (b), 3, 4, 5, 6, and 8 that are the subject of the interim request.

The petitioner argued that measures like the incorporation of biometric information and the extension of Magistrates' powers under Sec. 5 to even people who are not suspects in criminal proceedings constituted a flagrant violation of the right to privacy.

The Act has an impact on citizens' fundamental rights, particularly those of people who are detained, arrested, or held under preventive detention, as trial prisoners, or who are convicted. The Act violates the fundamental rights protected by the Constitution and is arbitrary, unjustified, excessive, without due process of law. It could be ruled to be unconstitutional. According to the petitioner, the Act's provisions violate Articles 14, 19(1) (a), 20(3), and 21 of the Constitution, which protect citizens' fundamental rights.

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