ANALYSIS OF FORENSIC FINGERPRINTING IN CRIMINAL INVESTIGATION: PRIVACY CONCERNS AND LEGAL SAFEGUARDS IN INDIA

AUTHOR – BHUVANESH M* & SUGITH KUMAR RG**

* STUDENT AT SCHOOL OF EXCELLENCE IN LAW, TNDALU

** PROFESSOR AT SCHOOL OF EXCELLENCE IN LAW, TNDALU

BEST CITATION – BHUVANESH M & SUGITH KUMAR RG, ANALYSIS OF FORENSIC FINGERPRINTING IN CRIMINAL INVESTIGATION: PRIVACY CONCERNS AND LEGAL SAFEGUARDS IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (3) OF 2026, PG. 3110-322, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT:

The forensic fingerprint has for long been considered as one of the most reliable scientific methods of personal identification in criminal investigations. Fingerprint evidence in India has been used extensively for identifying and connecting the suspects to the crime scenes, and record keeping of a criminal. But the digitisation of forensic systems and creation of biometric databases has widened the scope of digitisation and storage of fingerprints by Law Enforcement Agencies. While these developments are aimed at simplifying investigations, they are not devoid of constitutional challenges in the areas of privacy, personal liberty and protection of biometric data. With the Indian Supreme Court recognising the right to privacy as a fundamental right in Justice K. S. Puttaswamy (Retd.) v. Union of India, the issue of biometric data collection and storage warrants a closer legal attention.

The current research paper focuses on the doctrinal analysis over the existent legal framework on forensic fingerprinting of the Indian subject. The research paper has considered the main provisions of Criminal Procedure (Identification) Act, 2022 and the related constitutional jurisprudence, which has been taken into account by the courts. The study reveals that forensic fingerprint is a scientific procedure that has evolved over time and has become an instrument of criminal investigation. The existing legal framework particularly in the context of biometric data and this paper finds that there is no comprehensive safeguard over the biometric data in terms of data retention, oversight and proportionality. The study suggests that a rights-based regulatory framework over biometric data must be elaborated, which ensures the balance between criminal investigation, personal liberty, dignity and privacy.

Keywords: Forensic fingerprinting, Personal Liberty and Dignity- Constitutional Safeguards- Biometric Evidence Regulation- Privacy Jurisprudence in India- Law Enforcement Surveillance