Role Of Information Technology In Investigation & Criminal Trial - A Study
Author: LawSphereX
Category: Criminal Law
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ROLE OF INFORMATION TECHNOLOGY IN
INVESTIGATION & CRIMINAL TRIAL: A STUDY
Mittali Sharma, HIET College (Law Department), Shahpur
ABSTRACT
The integration of information technology (IT) into criminal investigations and trials has revolutionized the Indian criminal justice system, particularly under the new legal framework introduced by the Bhartiya Nyaya Sanhita (BNS), 2023, the Bhartiya Nagrik Suraksha Sanhita (BNSS), 2023, and the Bhartiya Sakshya Adhiniyam, 2023. This study explores the evolving role of digital evidence, technological tools, and AI in enhancing investigative efficiency, trial processes, and justice delivery while addressing the associated challenges. The first part of the study delves into digital evidence in criminal investigations and trials, focusing on its definition, legal recognition, and admissibility under Indian law. Special provisions introduced by the Information Technology Act, 2000, have paved the way for incorporating electronic records into judicial processes.
However, issues of admissibility, certification requirements, and tampering exist. A comprehensive review of judicial precedents reveals Indian courts' developing perspective on tackling these difficulties while maintaining the integrity of the justice system. The second part examines the legal perspectives on technological integration under the new criminal legislation. Key aspects of the BNS, BNSS, and Bhartiya Sakshya Adhiniyam are examined, including the official recognition of digital evidence, the use of electronic communication in trial processes, and the extended scope of secondary evidence. The study focusses on innovations like as forensic and digital evidence collecting, electronic summons, and the use of AI in legal research and predictive analytics. Furthermore, the use of machine learning and data analytics for evidence analysis.
The third part delves into the revolutionary potential of AI in criminal justice, specifically the BNSS 2023. AI-powered applications like predictive policing, surveillance technologies, and risk assessment improve law enforcement operations. Tools such as AI-powered predictive analytics and evidence analysis help to speed legal processes while also preventing crime.
However, worries about data privacy, algorithmic bias, and technological inequities underscore the ethical and legal challenges of AI integration. Tampering with digital evidence, technical inequities among stakeholders, and maintaining a careful balance between privacy and security are all addressed. The discussion includes safeguards and proposals for guaranteeing openness, accountability, and fairness in the use of IT and artificial intelligence. The Indian legal framework seeks to close the gap between conventional legal systems and current technology-driven procedures by embracing advanced technical tools while sticking to the ideals of fairness and constitutional rights. This study finds that the new criminal laws permit the transformative integration of IT and AI into India's criminal justice system, paving the way for a more efficient, transparent, and egalitarian system.
However, it emphasises the importance of strong supervision systems, ethical principles, and policy frameworks in mitigating potential hazards and ensuring that technological improvements match with the essential goals of justice. Keywords: Admissibility, Artificial Intelligence, Bhartiya Nyaya Sanhita 2023, Criminal Justice, Data Privacy, Digital Evidence, Predictive Policing etc.
INTRODUCTION
Since India was Governed by the British until 1947, its criminal justice system is a legacy from the British colonial justice system. The English Common Law served as the model for this British criminal justice system, which is now run by the central government of India, which is headquartered in New Delhi, following the British departure. In managing the legal system, both the national and state governments share authority despite its dominance. The Indian Penal Code (IPC), which was enacted in 1860 and is recently changed into BNS, is a specific statute that outlines what constitutes criminal law in India and what kind of cases fall within its purview. These crimes include both violent ones (murder, rape, kidnapping, and robbery). One of the primary causes of criminal justice's separation as a distinct branch was due to the growing demands of prosecuting criminals.
To achieve the goals of justice, a number of procedures must be followed, such as investigation, crime detection, and obtaining proof from the scene of crime; apprehending, accusing, and prosecuting the perpetrators; providing the proper response in accordance with the crime; and punishing those found guilty by putting
them in jail or other forms of punishment is envisioned in the law. 1 In addition, the criminal justice system has responsibility for preventing crime, establishing laws by defining right and wrong, assigning community service to offenders who can be rehabilitated, and collecting penalties when required. In summary, according to Siegel and Worrall, the criminal justice system typically employs three processes to carry out its duties. These include rehabilitating those in need of correctional treatment, indicting and sentencing criminal criminals, investigating crimes, and apprehending suspects. Technology involves sharing information with stakeholders, while economics focusses on incentives and disincentives for prompt judicial work.
Administration also includes disciplinary measures for all parties must follow in the conduct of judicial activity, and management refers to the performance of processes that begin with the pre-trial phases and progress through the trial stages to the final disposal. The main principle of the criminal justice system is to identify the perpetrator and help them stop committing repeated crimes, while simultaneously protecting society2. Cybercrime, money laundering, human trafficking, illegal drug dealings, and combating global terrorism have become major concerns in modern criminal justice systems in both developed and developing countries. Globalisation and modern technology have led to an increase in these crimes. Crimes of this nature are more common in countries with significant global economic ties.
The rise of economic, political, and terror crimes has prompted sophisticated countries to improve their criminal justice systems, ultimately leading to a more effective global criminal justice system. Despite these advances, the application of AI in criminal justice presents serious problems. Algorithmic bias is a major concern, as AI systems frequently mirror the biases found in their training data, resulting in discriminating consequences. 3For example, the biassed data inputs
1 B. Gibson & P. Cavadino, THE CRIMINAL JUSTICE SYSTEM: AN INTRODUCTION 228 (2008).
2 Peter Joyce, CRIMINAL JUSTICE: AN INTRODUCTION 102–110 (2nd edn, 2013).
3 A. Yadav, P. Yadav & D. Yadav, Applicability of the Artificial Intelligence in Criminal Justice System in India Vis-á-vis Socio-ethical Perspective in Swaroop A., Kansal V., Fortino G. & Hassanien A.E. (eds),
PROCEEDINGS OF FIFTH DOCTORAL SYMPOSIUM ON COMPUTATIONAL INTELLIGENCE,
LECTURE NOTES IN NETWORKS AND SYSTEMS, vol. 1085 (Springer, Singapore 2024) available at https://doi.org/10.1007/978-981-97-6726-7_30 (last visited Nov. 16, 2024).
may disproportionately target specific communities, undermining fairness and equality before the law. Furthermore, AI acts as a "black box," with decision-making procedures lacking transparency and accountability, undermining legal notions of reasoned justice. The possible violation of privacy rights through the widespread collecting and analysis of personal data exacerbates ethical quandaries. Virtual hearings enabled the plaintiffs, lawyers, and judicial authorities to participate remotely, reducing public health concerns while resolving pending cases. Platforms like the Supreme Court's Video platform and comparable systems used by High Courts demonstrated the judiciary's flexibility to technology changes. Furthermore, the use of digital case records, electronic filing, and real-time case tracking improved procedural efficiency, which reduced the burden on judicial resources.
As the judiciary becomes more integrated with IT, it is critical to establish a balance between technological innovation and the values of justice, fairness, and inclusion, ensuring that virtual justice systems are not only effective but also equitable. 4 Review of Literature: Kartik & Shruti (2024), 5in this paper the author highlighted that The use of technical developments into criminal investigations is transforming law enforcement tactics. Artificial intelligence (AI) and machine learning are improving data processing, allowing for faster suspect identification and highly precise crime scene reconstruction. Predictive analytics, when combined with these technologies, aids in anticipating criminal activity and effectively allocating resources.
Emerging technologies such as biometrics and Internet of Things (IoT) devices provide unprecedented capabilities for evidence collecting and forensic analysis, while block chain protects the integrity and security of digital evidence. Furthermore, virtual and augmented reality create immersive environments for extensive crime scene examination. Despite these developments, issues remain, including worries about data privacy, algorithmic bias, and ethical consequences.
4 Digital Courts: Future of the Indian Legal System, LEXISNEXIS (June 27, 2024) available at
https://www.lexisnexis.in/blogs/digital-courts-future-of-the-indian-legal-system/ (last visited Nov. 16, 2024). 5 Kartik & Shruti Malhotra, The Use of Technology in Modern Criminal Investigations, IX(4) INT’L J. NOVEL RSCH. & DEV. (2024) available at www.ijnrd.org (last visited Nov. 12, 2024).
Danial (2023), 6the author highlighted that The use of technology in the criminal justice system has intensified, promising better efficiency, accuracy, and cost savings. Data analytics, particularly predictive policing, employs computers to analyse crime patterns, which aids resource allocation and may reduce crime rates. However, there are ongoing worries about racial bias and over policing in specific neighbourhoods. Body-worn cameras increase police accountability and openness while raising privacy and expense issues. Electronic filing systems, e-discovery tools, digital courtrooms, and remote hearings all contribute to increased efficiency and reduced case backlogs. Biometric identification technology, like as fingerprint and facial recognition, can help identify suspects but have reliability and misuse difficulties.
Furthermore, jail technology such as virtual reality training seeks to reduce recidivism, while electronic monitoring aids probation administration. Regardless of its potential, technology has ethical and privacy consequences. Ortega Anderez et al. (2021) 7the authors highlighted that Technological innovation has become critical for improving crime control and prevention tactics. Tools like GPS tracking, tagging, and video surveillance have considerably aided attempts to combat rising crime rates worldwide. Emerging technologies such as the Internet of Things (IoT), Machine Learning, and Edge Computing provide increased capabilities for detecting and combating criminal activity.
Research demonstrates the potential of modern technology and software to reduce crime, emphasising the need of its adoption by vulnerable individuals, victim assistance organisations, and law enforcement authorities. Workshops with stakeholders emphasise the need of incorporating these tools into crime prevention programs, demonstrating their ability to effectively reduce criminal behaviour. However, successful implementation necessitates resolving issues related to accessibility, technical infrastructure, and ethical considerations when deploying such technologies. Pawar et al. (2017) the authors concluded that emerging technology such as Mobile Data Terminals (MDTs), Global Positioning Systems (GPS), and drones have changed traditional policing strategies.
According to studies, GPS technology enables exact location monitoring, allowing for real-time response to crime scenes, whilst drones improve surveillance 6 Danial Khan, The Impact of Technology on the Criminal Justice System (2023) available at . 7 Dario Ortega Anderez, Eiman Kanjo, Amna Anwar, Shane Johnson, and David Lucy, 'The Rise of Technology in Crime Prevention: Opportunities, Challenges and Practitioners Perspectives' (2021) https://doi. org/10. 48550/arXiv. 2102. 04204 accessed 12 November 2024.
capabilities, particularly in riot control or inaccessible places. These tools have dramatically increased situational awareness for police in the field. The authors further highlighted that The introduction of smartphones has improved police operations by allowing for immediate communication, data exchange, and access to crucial information databases. According to research, smartphones help to bridge the gap between field officers and central command, expediting coordination under high-pressure situations.8
DIGITAL EVIDENCE IN CRIMINAL INVESTIGATIONS AND TRIALS
Computers were first introduced in India in 1969, ushering in a technology revolution that has influenced the country's development trajectory ever since. The twenty-first century, in particular, has seen extraordinary technological developments, which have been reflected in India's rapid progress. Computers, laptops, and smartphones are now prevalent throughout the country, with digitisation having a revolutionary impact even in rural places. In today's digital age, technology and computer applications have invaded practically every part of life, causing a huge shift across multiple sectors. This widespread adoption of technology has produced several benefits, but it has also created new obstacles and hazards, particularly in the field of cybercrime. As the reliance on digital platforms rises, criminals have taken use of technical improvements to expand their nefarious activities.
However, just as in the physical world, criminal actions in the cyber arena are rarely without consequences. Criminals frequently leave behind digital evidence that can be utilised to investigate and prosecute crimes. The growing convergence of technology and criminality creates prospects for increased efficiency in criminal justice systems while also adding additional complexity to crime detection and prosecution. When properly collected and analysed, digital evidence may be a powerful weapon for guaranteeing accountability and supporting the rule of law in the digital age. With the expansion of legal frameworks, Indian courts have established an inventory of case law governing the admissibility and reliance on electronic evidence.
Judges have gained a better awareness of the distinctive qualities of electronic evidence, notably in terms of admissibility and procedural issues of its presentation in court. 8 Pawar, L. , Taneja, A. , and Singh, B. , 'Use of Technology in Criminal Investigation by Police' (2017) 3(4) J. LEGAL STUD. & RES. available at https://jlsr. thelawbrigade. com (last visited Nov. 23, 2024).
Digital or electronic evidence refers to any data of probative value that is saved or communicated in digital form and can be used as evidence in a court action. Before admitting digital evidence, the court must determine its relevance, legitimacy, and accuracy, ensuring that the evidence is not hearsay and that original data is preferred over copies. Digital evidence includes a wide range of information, including as data saved on computers, telecommunications equipment, and electronic multimedia devices. Emails, digital photographs, ATM transaction logs, documents created with word processing software, instant message records, accounting program files, spreadsheets, browser histories, databases, computer memory contents, system backups, printouts, GPS data, hotel door lock logs, and digital audio or video files are some examples.
Digital evidence is frequently more extensive, resistant to destruction, and prone to change and duplication. Furthermore, it can be more expressive and accessible, making it a valuable weapon in investigations while also posing a problem in terms of maintaining its integrity and correct treatment in court. Meaning of Electronic Evidence: The term "digital" is frequently used in the context of computing and electronics, particularly when information from the physical world is converted into binary numeric form, as seen in digital audio and digital photography. Definitions of digital evidence typically include "information of probative value stored or transmitted in binary form" or "information stored or transmitted in binary form that may be admissible in court.
" While the term "digital" may be overly broad, and the use of "binary" may be overly restrictive, as it only refers to one specific type of data, the concept of "electronic evidence" encompasses data, whether originating from analogue devices or in digital format, which is processed, stored, or transmitted by any manmade device, computer, computer system, or communication system. This evidence has the potential to influence the factual determination of a case by either supporting or undermining the claims of one of the parties. This definition of electronic evidence includes three crucial features. First, it includes any types of evidence generated, manipulated, or stored in any product that may be generically defined as a computer, with the exception of the human brain.
Second, it encompasses a wide range of data storage and transmission devices, including analogue devices, telephone systems, wireless
telecommunications networks (for example, the Internet), and embedded computer systems. Third, it restricts the use of electronic evidence to material relevant to resolving a dispute, regardless of the nature or level of determination. This aspect addresses relevance in terms of admissibility, admitting that while certain evidence may be acceptable, an adjudicator may nonetheless remove it for other reasons, such as how it was obtained. Finally, the definition limited electronic evidence to items presented by the parties during the fact-finding process. The rapid increase of e-governance in both the public and private sectors, combined with the rise of e-commerce, has made electronic evidence an essential component of communication, processing, and recording. Government agencies are progressively embracing electronic governance standards, and regulatory filings are made electronically.
As a result, electronic and digital evidence are being used more frequently in legal processes. 9 During trials, judges are frequently asked to rule on the admissibility of such evidence, which has a substantial impact on the outcome of civil action or an accused person's conviction/acquittal. Courts continue to face obstructions with this growing sort of evidence, as its particular qualities and ease of manufacture or tampering cause difficulties in deciding admissibility that are not present in other types of evidence. Various types of electronic evidence, including as CDs, DVDs, hard drives, memory cards, internet data, social media interactions, emails, instant messages, SMS/MMS, and computer-generated documents, present unique authentication challenges, resulting in different opinions on their admissibility.
The conventional rules of evidence must be followed when determining whether electronic evidence is admissible. With the exception of document contents, oral testimony may be used to support facts under these guidelines. Except under certain circumstances, the hearsay rule, as stated in sections 59 and 60 of the Evidence Act, prohibits the use of indirect oral testimony. The hearsay rule is less stringent when it comes to papers than it is when it comes to oral testimony since it is well-established that oral testimony cannot substantiate a document's contents; instead, the document itself must be used as proof. Oral testimony cannot prove its veracity in the absence of a document because doing so would be against the hearsay rule. Either primary or secondary evidence is needed to support the information in a document.
The document itself serves as primary evidence, although section 63 of the Evidence Act permits 9 Pawar, L. , Taneja, A. , and Singh, B. , 'Use of Technology in Criminal Investigation by Police' (2017) 3(4) J. LEGAL STUD. & RES. available at https://jlsr. thelawbrigade. com (last visited Nov. 23, 2024).
secondary evidence in cases where primary evidence is not accessible. Oral reports from someone who has seen the document, certified copies, and copies created by mechanical procedures are all included in this. 10According to Section 65, secondary evidence may be used in certain situations, including when the original document is in hostile control, has been lost or destroyed, is difficult to move, is a public document, may be verified by certified copies, or is a group of papers. When primary evidence cannot be presented, this clause permits a more flexible approach to document admission. 11 Introduction of Special Provisions for Electronic Records under the IT Act: The Information Technology (IT) Act amended Section 59 of the Indian Evidence Act of 1872 to prohibit electronic records from being proven by oral testimony, duplicating the treatment of traditional papers.
Instead of extending the secondary evidence rules of Sections 63 and 65 to electronic records, the IT Act enacted new measures—Sections 65A and 65B—to accommodate the particular nature of electronic evidence. Section 65A creates a unique legal structure for electronic records, ensuring that they conform with the hearsay rule while maintaining their validity and integrity. It protects both the technological features and the process of obtaining electronic data. Unlike Sections 63 and 65, which apply to traditional papers, Section 65A establishes a unique method geared to the intricacies of electronic evidence, reflecting the difficulties in generating and certifying such records in court due to their technical and digital nature.
Admissibility of Electronic Evidence: The customary hearsay rule has been seriously challenged by the digitisation of documents, particularly when it comes to electronic documents. Oral testimony was not admissible under standard rules of evidence, so primary or secondary evidence was required to support the information in a document. When the original document is not available, secondary evidence— such as certified copies or reproductions—is allowed. Primary evidence is the original document itself. But as electronic documents proliferated, courts had to modify their current
10 The Indian Evidence Act 1872, S. 63.
11 The Indian Evidence Act 1872, S. 65.
legal systems to accept electronically stored data and use it as documentary evidence. 12 Despite being required, this modification presented challenges because of the special characteristics of electronic records. Electronic records, in contrast to traditional documents, are more difficult to authenticate due to the possibility of tampering, duplication, and complicated storage systems. In order to handle these complexities, the law had to change further, particularly as the amount and type of electronic evidence increased. To regulate the admissibility of electronic evidence, specific rules under the Information Technology Act, such as Sections 65A and 65B of the Indian Evidence Act, had to be introduced.
As long as specific requirements for validity and dependability are fulfilled, these clauses guarantee that electronic records be given the same weight as paper records in terms of evidence. Section 65B(2) 13specifies the conditions under which a duplicate copy of an electronic record may be admissible, including the computer's regular use, proper operation, and accurate reproduction of the information fed into the system in the ordinary course of business. Section 65B(3) 14defines a "single computer" for the purpose of showing the continuity of electronic records, and it includes several computers that operate consecutively or in combination throughout time. Section 65B (4) 15requires that a certificate issued by a person in a responsible official position authenticate the electronic record, including how it was created and the specifications of the device used.
The certificate must be signed by the person responsible, and their statement, to the best of their knowledge and belief, will be used as evidence. The presence of the non-obstante clause in Sections 65A and 65B assures that the requirements governing electronic evidence take precedence over any conflicting provisions in other laws, reinforcing the specialised processes for admissible electronic recordings. Challenges Regarding the admissibility: The increased dependence on digital evidence in both the public and private sectors has resulted
12 Karl Shroff, 'Practice and Procedure Relating to Proof of Documents' (29 April 2020)
https://www.scconline.com/blog/post/2020/04/29/practice-and-procedure-relating-to-proof-of-documents/ accessed 17 November 2024.
13 The Indian Evidence Act 1872, S. 65B (2)
14 The Indian Evidence Act 1872, S. 65B (3)
15 Indian Evidence Act 1872, S. 65B (4)
in its recognition by courts of law. However, this development needs strict rules for handling electronic evidence in order to maintain its trustworthiness and integrity for judicial examination. Despite its expanding popularity, the use of digital evidence poses various concerns due to inherent vulnerabilities. When there is a lot of digital evidence, it presents a substantial issue. Large amounts of data, particularly from storage devices such as hard drives, might contain a mixture of important and irrelevant information acquired over time. Extracting essential data, organising it, and guaranteeing its right interpretation takes time and effort. This complex procedure makes it difficult for forensic analysts to precisely determine what material is relevant to the case at hand.
The Partial View of Information: When a computer is commanded, usually through human intervention, to do tasks such as sending an email, the resulting activities produce data remains that provide only a restricted view of the events that transpired. The remaining evidence, including the email message and server logs, provides a partial picture of the occurrence. Furthermore, the process of recovering a deleted file from storage media using forensic tools involves several layers of abstraction, ranging from magnetic fields on the disc to the final alphanumeric representation on the screen. As a result, only the representation of the data is visible. Difficulty identifying the original creator: In some cases, it can be difficult to attribute specific computer actions to an individual.
Forensic analysts can usually identify the device on which the information was created, saved, or sent, but they may be unable to definitively assign these actions to a specific individual. While date and time stamps can be useful, they are insufficient as proof on their own. Without supporting evidence, it is difficult to distinguish one individual from a group of potential users. Easily manipulated or influenced: Electronic data can easily have manipulated, making it challenging for investigators. With the right knowledge, electronic records and devices can be edited, deleted, manipulated, replicated, distorted, recovered, and even destroyed.
Unreliable Sources: Electronic evidence acquired from social media, where users can publish whatever they want with minimal limits, is not credible. Additionally, it is now simple to fabricate evidence and lead investigators astray. Using VPNs and falsifying information online can lead to confusion about the intended target of a crime. Vulnerability to hacking: When numerous devices are networked, hacking one increases the vulnerability of the others and makes identifying the source and offender harder. Authorities go through a rigorous process: As technology advances, investigators must be vigilant to stay on top of developments. The method is time-consuming and challenging to maintain. Authorities struggle to keep up with the rapid evolution of technology and its use. Authorities have challenges with access to new codes, machines, sources, and apps, both registered and unregistered.
Updating data and websites, learning new systems, and obtaining sanctions for gadget upgrades can be timeconsuming and negatively impact their competence. Judicial Approach: State (NCT of Delhi) v. Navjot Sandhu 16is a significant decision addressing the admissibility of electronic evidence. The Supreme Court ruled in this case that failing to file a certificate under Section 65B of the Indian Evidence Act (IEA) did not bar the inclusion of supplementary evidence. The Court emphasized that the legislation authorizes the presenting of supplementary evidence in conditions indicated in Sections 63 and 65 of the IEA. Section 63, in particular, authorizes the introduction of secondary evidence, including copies made using mechanical procedures that ensure accuracy, but Section 65 provides secondary evidence if the original document cannot be easily moved.
The Court drew a relationship between the provision in Section 65, which allows secondary evidence where the original is not easily movable, and the nature of electronic data, which are
16 (2005) 11 SCC 600
frequently maintained on vast servers that cannot be physically transported. This similarity prompted the Court to take a broad and liberal view of the acceptance of electronic evidence as secondary evidence. By doing so, the Court acknowledged that technical improvements and the distinct characteristics of digital documents warrant a more flexible approach to their inclusion in court. The verdict of State (NCT of Delhi) v. Navjot Sandhu was overturned by a three-judge bench in Anvar P.V. v. P.K. Basheer and Others. 17In this decision, the Supreme Court clarified that computer-generated evidence must comply with Section 65B of the Indian Evidence Act (IEA). The Court disagreed with the approach used in the Navjot Sandhu case, emphasising that electronic documents cannot be entered as evidence unless they meet the standards of Section 65B.
In 2015, 18the Supreme Court reviewed the admissibility of electronic evidence. The Court ruled that computer-generated records are admissible in court, but only if submitted in the manner required by Section 65B of the IEA. The Court stated that electronic documents are admitted as material evidence if the standards outlined in Section 65B are met. Sections 65A and 65B of the Indian Evidence Act were amended in 2000 to particularly govern the admissibility of electronic records. Section 65A makes electronic documents admissible as evidence, but Section 65B specifies the circumstances that must be followed for such records to be legally recognised. This change emphasises the importance of complying with the procedural criteria for the admissibility of electronic evidences. In Vikram Singh and Anr. v. State of Punjab and Anr.
, 19the Supreme Court restated its position on the admissibility of electronic evidence, ruling that a certificate under Section 65B of the Indian Evidence Act (IEA) is required for electronic records to be admissible. The Court upheld the decision in the Anvar P. V. case, emphasising that electronic recordings must comply with Section 65B standards in order to be accepted as evidence in court. This decision underlined the importance of following the procedural protections outlined in Section 65B to ensure the validity and reliability of digital evidence.
17 (2014) 10 SCC 473
18 Tomaso Bruno and Anr. v. State of Uttar Pradesh (2015) 7 SCC 178
19 (2017) 8 SCC 518
In Shafhi Mohammad v. The State of Himachal Pradesh (2018), 20a Division Bench of the Supreme Court ruled that the certificate requirement under Section 65B(4) of the Indian Evidence Act (IEA) is procedural in character and may be waived in the interest of justice. The Court concluded that this criterion can be waived if the party attempting to use the electronic evidence does not have access to the device from which the evidence was obtained. The Court's decision acknowledged that, while Section 65B(4) typically requires the submission of a certificate to authenticate electronic records, strict application of this rule may sometimes impede the pursuit of justice, particularly when the relevant device or medium is unavailable.
Thus, the Court took a more flexible approach, allowing for the relaxation of this procedural requirement if it prevented an unjust outcome, ensuring that the emphasis remained on the content of the evidence rather than procedural details. The cases of Anvar P. V. and Shafhi Mohammad raised divergent perspectives on the admissibility of electronic evidence, particularly the requirement for a certificate under Section 65B(4) of the Indian Evidence Act (IEA). In 2019, a two-judge bench referred the case to a three-judge panel for clarification. This resulted in the case of Arjun Panditrao Khotkar v. Kailash Kushanrao Gorantyal and Others,21 in which the Supreme Court had to interpret Section 65B(4) to clarify the mandatory nature of the certificate requirement and its compliance when obtaining such a certificate from the competent authority was not possible.
Justice Nariman, who delivered the decision, said that Section 65B(1) distinguishes between "original" electronic records and their "secondary copies. " Original electronic records are stored on the device where they were first created, while secondary copies are made from these original records. He further stated that original electronic recordings can be entered as evidence if the device's owner can produce sufficient information to show ownership and control over the device on which the records were originally kept. However, if the electronic record is held on a device that is part of a "computer network" or "computer system" and cannot be physically brought to court, secondary copies of the record can be generated, as long as they are accompanied by the certificate required by Section 65B(4). The Court confirmed the result in Anvar P. V. while overturning the earlier decision in
20 (2018) 2 SCC 801.
21 2020 SCC OnLine SC 571
Tomaso Bruno's case, ending the dispute over the interpretation of Section 65B(4) and clarifying the legal position on the admissibility of electronic evidence in such cases.
LEGAL PERSPECTIVES ON THE INTEGRATION OF TECHNOLOGY IN
CRIMINAL JUSTICE UNDER THE NEW CRIMINAL LAWS
The Bhartiya Nyaya Sanhita (BNS) 2023 and the Bhartiya Nagrik Suraksha Sanhita (BNSS)
2023 symbolise important reforms in India's criminal justice system. These legislative
measures are intended to accommodate the increased demand for technological integration in criminal investigations, evidence collection, and judicial proceedings. As the nature of crime changes due to the increased use of digital platforms and technology, legal frameworks must evolve to keep up. The BNS, BSA and BNSS attempt to bridge the gap between old procedures and modern technical breakthroughs, keeping the criminal justice system current, efficient, and transparent. At the heart of these reforms is the understanding and use of digital tools throughout the criminal justice system, from inquiry to adjudication. One of the most important aspects of these statutes is the redefining of the terms "evidence" and "documents.
" The conventional definition of evidence, which was largely concerned with tangible forms such as documents, words, and things, has been broadened to include electronic records, digital communications, and data stored in digital formats. Section 2(8) of the BNS, for example, now includes emails, server logs, and other kinds of electronic communication, reflecting the growing reliance on digital platforms for communication and data sharing. 22 One of the most significant changes to the criminal justice system under the BNS and BNSS is the option for virtual court procedures. The implementation of Sections 187 and 254 of the BNSS and BNS, respectively, allows judicial processes to be handled via video conferencing, eliminating the necessity for actual attendance in court.
This is especially significant for eliminating delays caused by logistical constraints, such as transporting accused people from prison to court. Virtual hearings not only improve court efficiency but also increase accessibility for persons living in rural places, ensuring that justice is not hampered by geographical constraints.
22 The Bhartiya Nyaya Sanhita (BNS), 2023, S. 8.
Evolution of Technology in Criminal Justice: The incorporation of technology into criminal justice systems has become increasingly important in addressing the intricacies of modern crimes, particularly cybercrime. Globally, legal frameworks have evolved to reflect the increased importance of digital tools, data collection, and evidence management. However, change in India has been gradual, with technological integration in criminal justice growing more prominent in recent decades. Early reliance on paper-based documentation and manual procedures caused inefficiencies, delays, and the possibility of human mistake. With the rise of cybercrime and the abundance of digital evidence, India acknowledged the need for reform.
23 These legislative reforms aim to alleviate judicial backlogs by facilitating speedier case processing, utilising virtual hearings, and ensuring correct digital recording. However, the revisions also prioritise constitutional rights, ensuring that technology improvements do not jeopardise the ideals of fair trial and privacy. These laws attempt to make the criminal justice system more responsive, efficient, and secure. Key Provisions of the Bhartiya Nyaya Sanhita, 2023: The Bhartiya Nyaya Sanhita, 2023 (BNS) represents a pivotal shift in India's legal landscape, reflecting the increasing importance of technology in both the commission of crimes and the administration of justice.
This comprehensive legal framework acknowledges the pervasive role of digital technology and electronic communication in contemporary criminal activities, creating provisions that adapt to the digital age while maintaining the integrity of India's justice system. Definition of Documents: One of the foundational provisions of the BNS is the definition of "Document" under Section 2(8), which explicitly includes electronic and digital records. These records, intended to be used as evidence, are now formally acknowledged as part of the legal system. This aligns with 23 Khan J, 'Guarding the Scales of Justice: Assessing the Human Rights Implications of AI Technologies in Criminal Justice Systems in India' (2023) 4 Journal of Human Rights and Technology
global trends that recognize digital documents as integral components of judicial proceedings, thereby increasing the efficiency and scope of evidence collection. 24 Acts Endangering Sovereignty, Unity, and Integrity of India: Section 152 addresses crimes that endanger the sovereignty and integrity of India, particularly in the digital domain. It criminalizes the use of electronic communication to incite secession, rebellion, or subversive activities. 25The provision extends to actions that encourage separatism or threaten the unity of India, recognizing the unique challenges posed by digital platforms in fostering such sentiments. This is a critical step in curbing digital hate speech, a growing concern in an era of global connectivity. Promoting Enmity Between Different Groups: Section 196 targets the promotion of enmity among groups on grounds such as religion, race, language, etc.
, through electronic communication. This provision acknowledges the capacity of digital media to exacerbate communal tensions and seeks to prevent the spread of hate speech and misinformation. By explicitly including electronic communication as a medium, the BNS provides a clear legal pathway to address the growing challenge of online hate and violence. 26 Imputations Prejudicial to National Integration: Section 197 of the BNS criminalizes the dissemination of information that undermines national integration, including through electronic means. This provision highlights the power of digital media to shape public opinion and influence political discourse, potentially undermining national security and social harmony. The inclusion of electronic communication ensures that such acts, often conducted anonymously or in the digital space, are subject to legal scrutiny.
27 Absconding to Avoid Service of Summons or Other Proceedings Section 206 addresses individuals who abscond to avoid legal proceedings, including through the manipulation of electronic records. The BNS specifically includes electronic records as part
24 The Bhartiya Nyaya Sanhita, 2023, S. 2(8)
25 The Bhartiya Nyaya Sanhita, 2023, S. 152.
26 The Bhartiya Nyaya Sanhita, 2023, S.196.
27 The Bhartiya Nyaya Sanhita, 2023, S. 197.
of the legal process, ensuring that technology can be leveraged to track and locate individuals who attempt to evade justice by using digital means, such as altering their online presence or fleeing to jurisdictions where they cannot be easily apprehended. 28 Sale of Obscene Books and Content: Section 294 of the BNS extends the regulation of obscene materials to include electronic forms. It criminalizes the display, sale, or distribution of obscene content, recognizing the internet and digital communication as prime mediums for the dissemination of such material. This provision is a vital step in controlling the availability of illicit content in the digital age, aligning with broader global efforts to regulate online pornography and harmful media.
29 Forgery and Malicious Acts Sections 299 through 336 deal with various forms of forgery and malicious acts, many of which have now been adapted to include electronic documents and records. These sections criminalize the creation of false documents, including digital records, with intent to defraud or mislead. For instance, Section 336 addresses the use of electronic records for cheating or impersonation, reflecting the increasing sophistication of cybercrimes that utilize digital tools for fraudulent purposes. Statements Conducive to Public Mischief: Section 353 of the BNS makes it an offense to make or circulate statements that could lead to public mischief. The inclusion of electronic communication in this provision is especially pertinent given the rapid spread of misinformation via social media platforms, news websites, and blogs.
This section empowers law enforcement agencies to take action against digital platforms that facilitate the spread of harmful and false information. 30 The Bhartiya Nyaya Sanhita, 2023 represents a significant step towards modernizing India's legal framework in response to the digital revolution. The provisions related to information technology and cybercrime underscore the growing need for legislation that can keep pace with technological advancements. While these provisions enhance the ability of law enforcement to
28 The Bhartiya Nyaya Sanhita, 2023, S. 206
29 The Bhartiya Nyaya Sanhita, 2023, S. 294.
30 The Bhartiya Nyaya Sanhita, 2023, S. 353.
address digital crimes, they also raise important questions about privacy, freedom of expression, and the balance between security and individual rights. The BNS, therefore, serves not only as a tool for prosecuting cybercriminals but also as a reminder of the importance of safeguarding democratic values in the digital age. Provisions of the Bhartiya Nagrik Suraksha Sanhita, 2023: The Bhartiya Nagrik Suraksha Sanhita, 2023 (BNSS) implements critical changes intended at modernising criminal procedures and increasing the efficiency of India's criminal justice system. Among the important measures are those aimed at increasing the role of forensic and digital evidence collecting, allowing virtual hearings, and improving the delivery of judicial summons and notifications.
These sections acknowledge the importance of incorporating technology into law enforcement and judicial processes in order to solve the evolving issues faced by modern-day crimes, particularly those using digital evidence. This section delves further into these essential provisions. Forensic and digital evidence collection The Bhartiya Nagrik Suraksha Sanhita, 2023, includes numerous measures aimed at improving law enforcement agencies' ability to gather, document, and use digital evidence during investigations. Sections 173 and 176, in particular, allow police officers and other authorities to collect evidence at crime scenes using digital technologies and forensic methodologies.
Empowering Law Enforcement to Collect and Document Digital Evidence: Section 173 of the BNSS sets out the processes for police investigations and requires the acquisition and documentation of digital evidence while investigating a crime. This clause recognises the rising use of technology in criminal behaviour and establishes a legal framework for law enforcement to handle it properly. The incorporation of digital evidence, such as data obtained from computers, mobile phones, and other electronic devices, guarantees that investigative authorities are prepared to deal with modern crimes such as cybercrime, online fraud, and digital harassment. 31
31 The Bhartiya Nagrik Suraksha Sanhita 2023, S. 173.
To ensure the integrity of digital evidence, the law requires that it be acquired using approved forensic techniques. This includes using specialised tools to retrieve data from digital devices while ensuring that no evidence is tampered with or corrupted. Section 173 also requires law enforcement officers to maintain comprehensive documentation of all digital evidence, including full logs of the evidence retrieval procedure, timestamps, and metadata. This documentation is crucial for preserving the chain of custody and making the evidence admissible in court. Section 176 emphasises the increasing use of video and audio records in forensic investigations. This section authorises law enforcement authorities to record video and audio footage of crime scenes, interviews, and interrogations.
These recordings are important for preserving the integrity of evidence and can be used as critical corroborative materials during investigations and trials. 32 Video and audio recordings are especially important in circumstances when physical evidence is difficult to gather or when witnesses or suspects seek to change their words or actions. Recordings give a transparent and verifiable account of events and utterances, making it less likely that facts will be manipulated or misrepresented. Summons and Notices Through Electronic Means: 33 The Bhartiya Nagrik Suraksha Sanhita, 2023 also includes a modernised framework for serving summons and notices by electronic methods, addressing the requirement for efficiency and security in legal communications. Sections 63-71 establish a legal basis for using encrypted electronic communication to serve summons, notices, and other judicial papers.
Sections 63-71 allow authorities to issue legal notices and summonses via encrypted emails or other secure digital platforms. This provision seeks to eliminate the delays commonly associated with traditional paper-based communication channels, such as postal mail or physical delivery. The law ensures that legal processes are initiated more quickly by allowing for electronic delivery of summons, especially where parties are located remotely or when time is of the essence.
32 The Bhartiya Nagrik Suraksha Sanhita 2023, S. 176.
33 The Bhartiya Nagrik Suraksha Sanhita 2023, S. 63-71.
The usage of encrypted electronic communication improves the protection of critical legal papers. It decreases the probability of document tampering or unauthorised interception while also guaranteeing that persons are formally advised of legal actions against them in a secure and timely manner. This aspect is especially useful in circumstances when the respondent is difficult to find, because digital communication can be delivered to email addresses or other digital platforms that the respondent commonly uses. It also aids in the resolution of difficulties concerning summons service in locations where postal systems are unreliable or unavailable. Role of Technology in Police Operations: The Bhartiya Nagrik Suraksha Sanhita, 2023 emphasises the use of technology in police operations, notably the processing of electronic evidence.
In acknowledgement of the growing relevance of digital data in criminal activity, the legislation requires the creation of improved digital infrastructure within police forces. One of the most important parts of police modernisation under the BNSS is the development of a digital infrastructure capable of handling, storing, and analysing electronic evidence. Police forces in India are encouraged to use digital tools to help with the effective collection, preservation, and analysis of electronic evidence, such as data from mobile devices, computers, and surveillance cameras. This infrastructure ensures that digital evidence is treated with the same care and legal integrity as physical evidence.
It also encourages the use of advanced forensic technologies, such as data recovery tools, encryption analysis, and cyber forensics, to enhance investigative capacities in technology-enabled crimes. The Bhartiya Nagrik Suraksha Sanhita, 2023 emphasises the use of technology in improving transparency in police operations, particularly search and seizure. The law requires the use of digital tools to document the whole evidence collecting process, including where, when, and how evidence is collected. This helps to protect persons' rights by ensuring that police activities are documented and can be examined if necessary. The use of digital data in search and seizure processes also helps to reduce instances of misconduct or abuse by law enforcement agents.
This provision is in line with broader efforts to increase accountability and openness within the police force, ensuring that their actions are consistent with the rule of law and that respect integrity of individual.
The Provisions of the Bhartiya Sakshya Adhiniyam, 2023: The Bhartiya Sakshya Adhiniyam, 2023 (BSA) is a significant set of legislation that aims to modernise India's evidence management and admissibility, particularly in the digital age. As the use of digital technology in criminal behaviour grows, it becomes increasingly vital to establish a legal framework that allows for electronic evidence and ensures its correct management, preservation, and presentation in court. Admissibility of Electronic Evidence: The Bhartiya Sakshya Adhiniyam, 2023, sets precise criteria for the admissibility of electronic evidence, building on the foundation provided by the Indian Evidence Act, 1872 (IEA). Sections 57 and 63 address the criteria for acceptance of electronic records and provide severe procedures to assure their validity and integrity.
34 Section 57 of the BSA expands on the Indian Evidence Act, which recognised the usefulness of electronic evidence in judicial proceedings under Section 65B. The new rule emphasises the notion that digital records, including as emails, server logs, and other kinds of electronic communication, are admissible in court if they match certain criteria. These criteria are intended to guarantee that electronic evidence is handled in accordance with traditional legal standards for evidence, with a focus on the authenticity, relevance, and integrity of records. Certification Requirements for Digital Evidence One of the most important aspects in Section 63 of the BSA is the need for a certificate to verify electronic evidence.
This requirement is consistent with Section 65B of the Indian Evidence Act, which states that any electronic record brought in court must be accompanied by a certificate issued by the person in charge of the relevant computer or system. The certificate should confirm the following:35 • The electronic record was created throughout the regular course of business. • The data was saved in the normal course of business, and the system was operational at
34 The Bhartiya Sakshya Adhiniyam, 2023 S. 57, 63.
35 The Bhartiya Sakshya Adhiniyam, 2023 S. 63.
the time. • The certificate must include information about the individual who created or stored the record. Expanded Scope of Secondary Evidence: The Bhartiya Sakshya Adhiniyam, 2023, greatly broadens the scope of secondary evidence, acknowledging that old techniques of evidence storage have transformed, notably with the introduction of digital technologies. This broader breadth assures that digital copies of documents, records, and other electronic data are legally admissible as secondary evidence. Acceptance of digital copies as valid secondary evidence: Sections 57 and 63 of the BSA allow digital copies of original documents to be used as legitimate secondary evidence in judicial proceedings. Secondary evidence has traditionally been utilised when the original document is unavailable for presentation in court.
The BSA, however, goes a step further by acknowledging that digital reproductions of documents, including photographs, scanned copies, and electronic versions, have the same legal status as traditional paper-based copies of documents. Applications of AI, Machine Learning, and Data Analytics: In addition to standard forensic approaches, the Bhartiya Sakshya Adhiniyam, 2023, incorporates artificial intelligence (AI), machine learning, and data analytics to forecast crime patterns and optimise law enforcement efforts. These technologies may be used to analyse massive volumes of data, discover correlations, and forecast criminal behaviour, dramatically improving the effectiveness of criminal investigations. For example, AI and machine learning algorithms can be used to analyse communication patterns, discover anomalies, and detect potential criminal activity before it escalates.
Law enforcement agencies can use sophisticated analytics to prevent crime and enhance response times. These tools also allow investigators to rapidly and efficiently go through vast amounts of data, ensuring that key evidence is preserved.
Challenges & Safeguards: As the Indian legal system increasingly relies on electronic evidence to determine criminal cases, it faces a number of issues regarding the security, integrity, and equitable application of this developing field of law. The Bhartiya Sakshya Adhiniyam, 2023 (BSA) addresses these concerns by creating a framework for the admissibility and correct management of electronic evidence in court proceedings. However, substantial problems remain, especially the vulnerability of digital evidence to manipulation and corruption, technological inequities, and balancing privacy and security, all of which must be handled with strong safeguards and preventative measures. Risks of Tampering and Corruption: One of the most significant issues concerning electronic evidence is its susceptibility to tampering, deletion, or corruption.
Unlike physical evidence, which may be stored under regulated conditions, digital evidence is frequently held on systems that are vulnerable to hacking, data breaches, or purposeful tampering. Even minor changes to the content of a file, whether due to unauthorised access or technical breakdown, might render evidence inadmissible or untrustworthy in court. Technological disparities: Another important hurdle to the consistent implementation of the Bhartiya Sakshya Adhiniyam,
2023 is the variance in IT infrastructure among India's states and union territories. While some
areas have advanced technology resources, others may lack the necessary infrastructure to gather, store, and process digital evidence efficiently. These discrepancies may result in variations in how electronic evidence is treated, posing possible impediments to the fair and equitable administration of justice. For example, law enforcement agencies in rural areas or smaller states may lack access to highquality forensic labs and digital storage facilities. Furthermore, investigators in these areas may lack the skills needed to extract evidence from sophisticated digital devices like cell phones or encrypted PCs.
Balancing Privacy and Security: With the increased reliance on digital monitoring and data collecting tools, there is an inherent risk of violating people's private rights. Electronic surveillance, online tracking, and data mining technologies allow authorities to amass massive amounts of personal information, raising worries about misuse and overreach. While these technologies are necessary for detecting and preventing crimes, they also have the potential to violate private rights if not properly regulated. The Bhartiya Sakshya Adhiniyam, 2023, attempts a balance between privacy and security by requiring judicial control of the collecting and use of electronic evidence. The legislation requires that any acquisition or retrieval of digital data follow established legal procedures, including obtaining relevant warrants or approvals from the competent courts.
TRANSFORMING CRIMINAL JUSTICE IN INDIA: THE ROLE OF ARTIFICIAL
INTELLIGENCE
The incorporation of Artificial Intelligence (AI) into the Indian criminal justice system has enormous potential to revolutionise operations, increase efficiency, and improve outcomes. This article looks at the opportunities, problems, and ethical considerations that come with implementing AI technologies in India. The Indian criminal justice system has substantial obstacles, such as case backlogs, resource constraints, and the need for timely and equitable judgement. AI provides creative answers to these concerns through applications such as predictive policing, criminal analysis, case management, and judicial decision-making. AI technologies, such as machine learning and data analytics, are becoming essential tools in criminal justice, promising increased accuracy, efficiency, and fairness.
AI is being used to anticipate crime, manage evidence, and conduct legal research under the Indian Penal Code (IPC). These innovations can help to streamline operations, eliminate human error, and give data-driven insights for decision-making. However, the use of AI in criminal justice creates significant ethical concerns, including prejudice, privacy, and responsibility. Application of AI in Criminal Justice System: Artificial intelligence (AI) has emerged as a transformative tool in criminal justice, providing novel solutions to improve efficiency, accuracy, and decision-making. Its applications include
predictive policing, surveillance technology, judicial decision-making, and evidence management, each with unique functionalities, benefits, and constraints. Predictive Policing: Predictive policing uses AI algorithms to analyse past crime data, detect patterns, and forecast future crime hotspots. These algorithms generate insights into high crime risk areas or times by processing large datasets. This proactive method allows law enforcement authorities to carefully devote resources, potentially preventing crimes before they happen. However, predictive policing does not come without obstacles. The dependability of forecasts is strongly dependent on the quality and neutrality of the incoming data. The biassed or incomplete datasets have the danger of reinforcing existing socioeconomic imbalances by disproportionately affecting marginalised communities.
Surveillance Technologies: AI-powered surveillance technology, such as facial recognition software and enhanced monitoring tools, dramatically improve crime prevention efforts. These technologies enable real-time tracking and identification of persons, facilitating the rapid conclusion of criminal cases. Furthermore, incorporating artificial intelligence into surveillance systems improves their ability to efficiently handle and analyse large amounts of video and picture data. Nonetheless, these developments raise serious questions regarding privacy and civil liberties. The widespread use of facial recognition software can lead to intrusive surveillance techniques, potentially infringing on individuals' rights. Misidentifications owing to computational faults increase the danger of wrongful detention.
36 Decision Making: AI has the potential to improve judicial decision-making by helping judges examine cases more objectively and efficiently. One famous application is risk assessment, in which AI technologies estimate recidivism to inform bail, parole, and sentencing choices. These systems 36 Harvard Kennedy School, ‘Profiling in a Digital Age: Facial Recognition, Video Surveillance, and Policing’ (Harvard Kennedy School, 2024) available at https://www. hks. harvard. edu/centers/wiener/programs/criminaljustice/news-events/surveillance-facialrecognition-policing (last visited 26 November 2024).
make evidence-based suggestions after analysing an offender's background, crime details, and behavioural patterns. However, using AI in judicial decisions raises serious ethical considerations. Risk assessment techniques may incorporate systemic biases found in historical data, disproportionately affecting specific demographic groups. Sentencing algorithms, which seek to standardise decisions based on predetermined factors, may lack transparency and accountability, making it impossible to question or comprehend their recommendations. This emphasises the need for human oversight to ensure fairness and justice. 37 Artificial Intelligence and the BNSS 2023: The incorporation of Artificial Intelligence (AI) into the framework of the BNSS 2023 signals a watershed moment in the Indian criminal justice system.
The BNSS which defines procedural parameters for the investigation, trial, and adjudication of criminal cases, stands to profit considerably from AI-driven efficiencies while also offering distinct legal and ethical challenges. Legal Research and Analysis: AI technology have transformed legal research, a critical component of criminal litigation under the BNSS AI-powered tools quickly analyse massive archives of legal texts, precedents, and statutory requirements, allowing for more precise and efficient case preparation. By aligning arguments with precedents, these tools foster uniformity and predictability in the execution of BNSS rules. However, the reliance on AI techniques demands strong safeguards to assure the accuracy and neutrality of results. 38 Predictive analytics: AI's predictive analytics skills add new dimensions to legal practice under the BNSS.
AI systems predict future outcomes and identify patterns that would be difficult to detect manually. 37 Wachter, S. , Mittelstadt, B. , and Russell, C. , 'Why Fairness Cannot Be Automated: Bridging the Gap Between EU Non-Discrimination Law and AI' (2021) 41(1) Computer Law & Security Review 1056. 38 Harvard Kennedy School, ‘AI in Legal Contexts: Efficiency vs Ethics’ (Harvard Kennedy School, 2024) https://www. hks. harvard. edu/centers/wiener/programs/criminaljustice/news-events/ai-and-legal-research accessed 26 November 2024.
This technology provides insights into trends, allowing legal practitioners to make more educated decisions. Nonetheless, the inherent intricacies of law need vigilance. 39 Evidence Analysis: In the field of evidence, AI improves traditional methods by providing advanced tools for analysing forensic data, digital records, and other evidence. Such improvements are consistent with the BNSS's emphasis on complete and precise evidence presentation in legal procedures. However, the admissibility of AI-processed evidence requires careful analysis to ensure its integrity within the confines of the law. The inclusion of AI in the BNSS requires a balance between innovation and fundamental rights. Transparency, accountability, and prejudice must all be addressed to ensure that AI applications follow the values of justice and fairness.
Policymakers, legal practitioners, and technologists must work together to create frameworks that reconcile AI's revolutionary potential with the integrity of the BNSS and the broader criminal justice system. The Artificial Intelligence & The Bhartiya Nyaya Sanhita (BNS) 2023: The Bhartiya Nyaya Sanhita (BNS) 2023, is the foundation of India's substantive criminal law, defining offences and imposing punishments. In an era of fast technological growth, the integration of Artificial Intelligence (AI) with the IPC has created transformative opportunities for the administration of justice. This interplay highlights both the benefits and challenges provided by AI within the context of the BNS, necessitating a careful balance between technological innovation and the maintenance of legal norms. The BNS requires the prevention of crimes and the arrest of criminals.
AI-powered predictive police models help law enforcement agencies discover crime hotspots and analyse criminal tendencies, improving preventive efforts. While such improvements are consistent with the IPC's goals, they also raise concerns about privacy, bias, and disproportionate surveillance, necessitating strong legal safeguards to balance public safety and individual rights. AI-based facial recognition technologies have tremendous promise for identifying offenders, supporting provisions of the BNS dealing with the arrest and identification of accused individuals. The introduction of Artificial Intelligence (AI) into India's criminal justice system represents a
39 Swann, Edward J., Artificial Intelligence in Legal Analytics (Oxford University Press, 2022).
radical shift aimed at increasing efficiency, streamlining processes, and tackling systemic issues such as case backlogs. AI applications like predictive policing, forensic analysis, risk assessment, and case management have the potential to transform investigative capacities and decision-making within the framework of the Indian Penal Code (IPC). These developments promise to improve the administration of justice by increasing precision, consistency, and responsiveness. 40 However, the implementation of AI is not without complexities. Concerns about algorithmic biases, data privacy, and AI system transparency highlight the ethical and legal issues associated with technology integration. The risk of violating individual rights needs the construction of strong oversight systems, ethical principles, and legal frameworks to govern AI's usage in criminal justice processes.
It is vital to strike a balance between maximising the benefits of AI and protecting fundamental rights. Policymakers, legal professionals, and engineers must work together to guarantee that AI applications are consistent with constitutional values and the greater goals of justice. Continuous monitoring, public participation, and responsible innovation are required to guarantee that AI complements, rather than undermines, the rule of law.
CONCLUSION & RECOMMENDATIONS
The introduction of Information technology (IT) into criminal investigation and trial has undeniably transformed the Indian criminal justice system. The passage of the Bhartiya Nyaya Sanhita (BNS), 2023, the Bhartiya Nagrik Suraksha Sanhita (BNSS), 2023, and the Bhartiya Sakshya Adhiniyam, 2023, represents a legislative recognition of technology's revolutionary potential. These statutes, which include provisions for digital evidence, electronic communication, and artificial intelligence (AI), establish the groundwork for an efficient, transparent, and technologically driven judicial procedure. However, the success of these technical developments is dependent on their harmonic alignment with the concepts of justice, equity, and procedural protections.
One of IT's most significant contributions to criminal justice is its ability to facilitate evidence gathering, analysis, and presentation. The acknowledgement of digital evidence under the new 40 Sayyed, H. , 'Artificial Intelligence and Criminal Liability in India: Exploring Legal Implications and Challenges' (2024) 10(1) Cogent Social Sciences https://doi. org/10. 1080/23311886. 2024. 2343195.
legal framework assures that electronic records, which were previously hampered by admissibility issues, are now critical in investigation and trial procedures. Furthermore, regulations for electronic evidence certification, as well as advances in forensic techniques, increase the evidentiary value of digital data. However, worries about tampering, authenticity, and poor infrastructure necessitate strong procedural controls. It is further important to highlight here that the artificial intelligence has emerged as a twoedged sword in the legal system. Predictive policing, AI-powered analytics, and automated decision-making tools provide remarkable accuracy and resource efficiency. However, the inherent risks of algorithmic bias, a lack of transparency in AI operations, and worries about data privacy underline the crucial importance of ethical principles.
Misuse of technology may undermine the concepts of due process and justice, needing strict regulatory control and accountability procedures. The legal advances inside the BNSS and BNS go beyond procedural reforms to combat technology-enabled crimes like as cybercrime, money laundering, and human trafficking. These measures indicate a proactive response to modern challenges. However, their enforcement is predicated on providing law enforcement authorities with proper training, resources, and standardised methods. Although these developments, the Indian criminal justice system must exercise caution in over-reliance on technology. The essence of justice is its human-centered approach, in which legal thinking, discretion, and empathy are not supplanted by automated processes.
Protections against the erosion of fundamental principles, such as privacy and the presumption of innocent, must be built into the design of these technological interventions. To summarise, the use of IT in criminal investigations and trials represents a paradigm change towards a more responsive justice system. However, this development necessitates constant monitoring to ensure that fairness, inclusivity, and transparency are maintained. The future of criminal justice in India requires a balanced framework that incorporates technology, accountability, and ethical governance. Recommendations After Analysing the abovementioned study, the researcher would like to draft the following Recommendations;
Improving Technological Infrastructure in the Judiciary: • Expand the e-court project to include all subordinate courts, ensuring consistent access to virtual platforms throughout the country. • Invest in high-speed internet connectivity, especially in rural and distant locations, to bridge the digital divide and provide equal access to virtual court systems. • Enhance cybersecurity procedures to safeguard sensitive court data against breaches, unauthorised access, and cyberattacks. Promoting the Ethical Use of AI in Criminal Justice: • Implement stringent regulatory frameworks to oversee the use of AI in predictive policing, evidence analysis, and judicial decision-making, including requirements for openness and accountability. • Require regular audits of AI systems to detect and reduce possible biases that could lead to biased results.
• To preserve individuals' privacy rights, ensure compliance with data protection legislation such as the Digital Personal Data Protection Act of 2023. Capacity Building and Training: • Provide specialised training for police officers, forensic professionals, and court personnel on how to handle digital evidence and use technical tools in investigations and prosecutions. • Create specialised technology cells inside law enforcement agencies to support competence in digital forensics and AI-driven investigations. • Conduct awareness seminars for legal practitioners and litigants to ensure they are familiar with e-court systems and virtual hearing protocols.
Promoting Access to Justice via Digital Means: • To encourage economically disadvantaged litigants to participate in virtual court proceedings, provide them with subsidised access to digital equipment and internet service. • Create user-friendly digital platforms that support several languages to cater to a wide range of linguistic and cultural groups. By complying with these recommendations, the Indian criminal justice system will be able to successfully leverage the revolutionary potential of IT and AI while tackling the accompanying obstacles. This will ensure that technological breakthroughs benefit the larger aims of justice, equality, and societal well-being.
BIBLIOGRAPHY:
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• Gupta M, 'The Role of AI in Predictive Policing: A Legal Analysis' (2022) 14 Indian Journal of Legal Studies 112.
Singh S, 'Digital Evidence and Cybercrime: Challenges in the Indian Legal Framework' (2021) 9(3) National Law Review 35. • Raj S, 'Judicial Interpretation of Electronic Evidence in India' (2020) 11 Indian Journal of Judicial Research 57. • Sayyed H, 'Artificial Intelligence and Criminal Liability in India: Exploring Legal Implications and Challenges' (2024) 10(1) Cogent Social Sciences https://doi. org/10. 1080/23311886. 2024. 2343195. • S. S. Shukla, Artificial Intelligence in Criminal Justice: A Case for India (2023). • A. K. Verma, Transforming the Legal Landscape: AI's Role in Indian Criminal Law (Oxford University Press 2024). • Susan A. S. Green, 'AI and the Future of Legal Practice: Predictive Analytics in Law' (2020) Harvard Law Review. • Edward J. Swann, Artificial Intelligence in Legal Analytics (Oxford University Press 2022). • Giulia L.
Sato, The Role of AI in Predictive Justice (Cambridge University Press 2021). • Virginia Eubanks, Automating Inequality: How High-Tech Tools Profile, Police, and Punish the Poor (St. Martin's Press 2018). • Sandra Wachter, Brent Mittelstadt, and Chris Russell, 'Why Fairness Cannot Be Automated: Bridging the Gap Between EU Non-Discrimination Law and AI' (2021) 41(1) Computer Law & Security Review 1056. Online Sources • Supreme Court of India, E-Courts Project Overview (2021) https://ecourts. gov. in accessed 24 November 2024. • Ministry of Electronics and Information Technology, IT Act Amendments (2023) https://meity. gov. in accessed 24 November 2024.
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