Introduction
The Criminal justice system is witnessing a sea of changes with the introduction of the Criminal Procedure (Identification) Act, of 2022. The Act has steered the debate around criminal identification as a method for investigation in criminal cases in India as it provides a legal sanction to law enforcement agencies for taking biological measurements of convicts and other persons for the purposes of identification and investigation of criminal matters. Interestingly, despite enacting the law in the initial months of the year 2022, the Ministry of Home Affairs notified it to come into effect on August 4, 2022 just one day after the Personal Data Protection Bill was withdrawn.
In a plethora of judgments, the Hon’ble Supreme Court of India has reaffirmed the importance of the fundamental right to privacy, integrity, and bodily autonomy. In the landmark judgment of KS Puttaswamy v. Union of India (2017) the Apex Court laid down the test of proportionality that allows the extent of the state’s intervention in the private affairs of individuals and upheld the right to privacy as an important facet of Right to life under Article 21 of the Constitution.
Another challenge under the Act is that it defines ‘measurements’ to include fingerprints, handprints, footprints, eye scans, biological samples, and behavioural attributes like signatures, handwriting or any other examination under section 53 or 53A of the Act. It is noteworthy that behavioural attributes are nowhere defined under forensic sciences and thus, the term used in the Act is vague. It is not farfetched to think that behavioural attributes can be interpreted to include narco-analysis, polygraph and brain mapping tests which were expressly prohibited by the Supreme Court in the case of Selvi v. State of Karnataka, (2010) for violating Article 20(3) of the Constitution of India, i.e., the right against self-incrimination. This brings us to the question, how much individual freedom should the citizens be asked to give up in exchange for the protection of the state and maintenance of social order under the social contract theory?
In light of these precedents and the much-debated provisions of the Criminal Procedure (Identification) Act, of 2022 Maharashtra National Law Mumbai is conducting a National Symposium on Criminal Procedure (Identification) Act, 2022. Through this symposium, we attempt to deliberate upon the ever-going juxtaposition of individual liberty with social interest. As this area is comparatively niche in criminal jurisprudence, it is important to have quality academic discussions on the same.
Understanding the constitutionality of the provisions of the Act and procedural challenges and discussing probable solutions will be of vital importance for investigating agencies, lawyers, forensic experts, judges, academicians, and students and will give a platform to aid in ameliorating the criminal justice system.
This Symposium will host a galaxy of renowned experts. Since Criminal Procedure (Identification) Act, 2022 is both a concern of future research and technology, Centre for Advanced Legal Studies, Training and Research and Centre for Information Communication Technology and Law at Maharashtra National Law University Mumbai have collaborated to organize the 1st ever National Symposium at the University.
About Organizers
Maharashtra National Law University
Maharashtra National Law University Mumbai is one of the premier National Law Universities in India. The prime goal of the University is to disseminate advance legal knowledge and processes of law amongst the students and impart to them the skills of advocacy, legal services, and law reforms and make them aware and capable to utilize these instruments for social transformation and development. To attain this goal, it started its first academic endeavour on 1st August 2015.
Centre for Advanced Legal Studies, Training and Research (CALSTAR)
The centre was established with a vision to bring all academic, research and training activities relating to existing, contemporary, and futuristic law under the single, unique and independent umbrella of the department in the Maharashtra National Law University. The main objectives of the centre are to facilitate advanced legal studies, legal training, and legal research. The centre regularly organizes workshops, seminars, and colloquiums to achieve these aims.
Centre for Information Communication Technology and Law (CICTL)
The Centre aims to be a hub of excellence in generating and disseminating knowledge concerning the interrelationship between technology and law across the globe. The main objectives of the centre are to study the objectives and challenges in the digital society from a legal perspective, facilitate a dialogue between experts, leaders and researchers in law and technology domain, work in collaboration between national and international research centres and provide consultancy to professionals, non-profit organizations, and public agencies in the techno-legal field.
About Pro Bono Club –
The Pro Bono club was established at Maharashtra National Law University Mumbai to provide equal access to justice for all citizens, a fundamental right of every citizen. The Pro-Bono Club works on the ‘Assisted Model’ in collaboration with the government and private organizations. The legal community is also well aware that under the current legislative structure, access to legal services is a highly privileged right. As a result, many persons from disadvantaged, underdeveloped, marginalized, and vulnerable areas cannot obtain the necessary legal information and support. This Club will combine university students ‘ legal and academic skills with ventures and projects to ensure that justice reaches even the most disadvantaged and vulnerable communities and people. The Pro Bono Club’ s objectives include: Enrolling University students in the Nyaya Bandhu (Pro-Bono Legal Services Club) Programme; Assisting private and public bodies and individuals, such as Government Departments and lawyers, in carrying out pro-bono work.
About the Symposium –
Criminal law is going to witness a sea change with the introduction of the Criminal Procedure (Identification) Act, of 2022. The Act has steered the jurisprudence regarding criminal identification and criminal procedure in India.
The Hon’ble Supreme Court of India in a plethora of judgments has upheld the fundamental right of privacy, integrity and autonomy. For instance, in the famous judgment of KS Puttaswamy v. Union of India (2017) the Apex Court upheld the right to privacy under Article 21 of the Constitution.
Further, the decision of Selvi v. State of Karnataka, (2010) held that the tests such as Brain-mapping and Narco-analysis are unconstitutional in nature as they are against Article 20(3) of the Constitution of India, i.e., the right against self-incrimination.
Understanding the viability of scientific tests such as Narco analysis, DNA profiling, taking biological samples, and maintaining criminal databases, among other issues, will be of vital importance for investigating agencies, lawyers, forensic experts, judges, academicians, and students; it will aid in the criminal justice system.
In light of these precedents and the much-debated provisions of the Criminal Procedure (Identification) Act, of 2022 Maharashtra National Law University Mumbai is conducting a National Symposium on Criminal Procedure (Identification) Act, 2022.
Through this symposium, we attempt to deliberate upon the ever going juxtaposition of individual liberty with societal interest. As this area is comparatively niche in criminal jurisprudence, it is important to have quality academic discussions on the same.
This Symposium will host a galaxy of experts as speakers including Special Public Prosecutor Adv. Ujjwal Nikam, Adv. Bharat Chugh, Mr. Anmol Deshmukh, Forensic Expert Government of Maharashtra amongst others.
Since Criminal Procedure (Identification) Act, 2022 is both a concern of future research and abuse of technology, the Centre for Advanced Legal Studies, Training and Research and the Centre for Information Communication Technology and Law at Maharashtra National Law University Mumbai have collaborated to organize the 1st ever National Symposium at the University.
Themes of the Symposium:
We aim to cover the following broad themes and sub-themes-
Themes-
- Scientific Advancements and the Re-Imagination of the Rule of Law: Exploring the Intersection of Law, Governance & Science and Technology.
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Data Protection, Privacy, and the Challenge of Speedy Justice: Balancing the Right to Privacy with the Need for Efficient Legal System.
Sub-themes-
Surveillance Technologies and Privacy Concerns.
Role of Forensics in remolding the Rule of Law.
Ethical Issues in the Use of Technology in the Criminal Justice System.
Balancing personal autonomy and law enforcement.
Venue of the National Symposium: 2nd and 6th Floor, MTNL Building, Technology St, Hiranandani Gardens, Powai, Mumbai, Maharashtra 400076.
Date for the Symposium: 6 May 2023
Last Date to Submit Abstracts –
25th April
Results of Abstract Submission –
1st May 2023
Prospective Audience: The prospective audience for the National Seminar will be the investigating agencies, lawyers, judges, forensic experts, and students and researchers.
Participation fee –
Participants – Rs. 1000 (The registration form), (Payment Link)
Paper Presentation – Students – Rs. 1500 (The registration form)
Paper Presentation – Professionals – Rs. 2500 (The registration form)
A payment link for Paper Presentation will be sent after the selection of abstracts.
The top 10 selected papers shall be published in an edited book in the form of chapters.
Timings of the programme: 10 AM to 5:30 AM
Contact us: academicevents@mnlumumbai.edu.in
Contact – Vedant Vaisahli Jayant Mainkar – 9821917167
Kinza Ahmad +91 9129485814
Nischay Purohit +91 914663589
Organizing Committee
Faculty Co-ordinators:
Dr. Swapnil Bangali
Dr. Harita Bangali
Dr. Garima Pal
Dr. Anand N. Raut
Research Team:
Ms. Aastha Tiwari
Ms. Amrashaa Singh
Student Coordinators:
Registration team-
Mr. Akash Shirore
Ms. Himanshi
Ms. Priya
Mr. Anurag Shelke
Social Media team-
Ms. Rithika Sahni
Mr. Akshat Joon
Ms. Siddhi Indoria
Ms. Janhavi Despande
PR team-
Mr. Nischay Purohit
Ms. Agrani Bhati
Ms. Sumedha
Ms. Prerana Sanjay
Event Management team-
Ms. Kinza Ahmed
Mr. Vedant Vaishali Jayant Vaishali Mainakr
Ms. Misha
Mr. Tatva Damania
To know more click on National Sympsium Brochure_compressed
