The integration of facial recognition technology (FRT) into law enforcement practices is rapidly transforming modern policing, offering tools for faster identification of criminals and aiding in tasks such as locating missing persons. India, has increasingly adopted FRT for public surveillance, often justifying its use under the guise of ensuring public safety. This rapid expansion has thus raised grave apprehensions regarding privacy protections, data protection, and potential misuse of surveillance powers.
While research is evolving highlighting the effectiveness of FRT in crime detection, equally compelling arguments question its impact on individual privacy and the absence of robust regulatory safeguards. The researchers have even called for a moratorium or outright ban on its use by law enforcement agencies until appropriate legal frameworks are established.
This paper seeks to critically examine whether evidence derived from FRT can be admitted in a court of law as electronic evidence under the Bharatiya Sakshya Adhiniyam (BSA), 2023. It will also explore the regulatory mechanisms proposed under the Facial Recognition Technology (Regulation of Police Powers) Bill, 2023 (FRT Bill 2023), and assess their alignment with the principles of justice, privacy, and procedural fairness. Furthermore, the paper will evaluate the interplay between this Bill and the adoption of FRT as a method for surveillance and the Digital Personal Data Protection (DPDP) Act, 2023, offering a nuanced perspective on how such technologies can be deployed responsibly and lawfully within India’s evolving legal framework.