Important Facts For Prelims
Use of Fingerprint Evidence in Crime
- 30 Jan 2025
- 3 min read
Why in News?
The investigation into the attack on a Bollywood actor highlighted the significance of fingerprints in solving crimes.
What is the Legal Stand of Fingerprints as Evidence Material?
- About Fingerprint Use: Fingerprints are used to establish if the accused has a prior criminal record or to match prints lifted from the crime scene.
- The Criminal Procedure (Identification) Act, 2022 allows the storage of fingerprints of individuals arrested for crimes carrying more than a year of imprisonment.
- The top one-third part of the finger, under the Henry Classification System (HCS), that has unique patterns (whorls and arches) in each individual are considered for ascertaining identity.
- Constitutional Basis: Under Article 20(3), no person accused of any offence shall be compelled to be a witness against himself.
- The protection against self-incrimination extends to both oral evidence and documentary evidence.
- However, it does not extend to compulsory production of material objects, thumb impressions, specimen signatures, blood specimens, or compulsory exhibition of the body.
- Further, it extends only to criminal proceedings and not to civil proceedings or proceedings which are not of criminal nature
- Judicial Stand: In the Kathi Kalu Oghad Case, 1961, the Supreme Court (SC) held that compelling an accused to provide specimen handwriting, signature, or fingerprints or footprints for investigation does not violate their right against self-incrimination under Article 20(3) of the Indian Constitution.
- In Ritesh Sinha vs State of Uttar Pradesh Case, 2019, the SC broadened the parameters of handwriting samples to include voice samples, adding that this would not violate the right against self-incrimination.
- In Selvi vs Karnataka Case, 2010, the SC prohibited forcing an accused to undergo narco-analysis or lie-detector tests, which could produce self-incriminating statements.
Note: Section 29 of the Aadhaar Act, 2016 prohibits Unique Identification Authority of India (UIDAI) from sharing core biometric information — fingerprint, iris scan or any such biological attribute — with any agency “for any reason whatsoever”.
Read More: Right against Self Incrimination and Constitutional Remedies
