Technology In Criminal Investigation - The Impact On Criminal Justice System

Author: LawSphereX

Category: Criminal Law

Published: 2026-08-23T21:12:37.902762+00:00

Updated: 2026-08-26T17:06:04.163+00:00

TECHNOLOGY IN CRIMINAL INVESTIGATION: THE

IMPACT ON CRIMINAL JUSTICE SYSTEM

Shreya Jasoria, Research Scholar, Faculty of Law, Banaras Hindu University. Smita Patel, Research Scholar, Dr. Ram Manohar Lohiya National Law University, Lucknow

ABSTRACT

The evolution of technology has profoundly reshaped the landscape of criminal investigation, revolutionizing the methods and outcomes within the realm of criminal justice. Forensic innovations have vastly enhanced the precision of evidence collection and analysis. Advanced analytics, driven by AI and machine learning algorithms, empower investigators to discern intricate patterns and connections vital to resolving complex cases. These innovations have facilitated integration of digital evidence, aiding in complex cases’ resolution and improving conviction rates. Amidst the remarkable advancements, there are significant challenges. Privacy concerns, vulnerability to cyber-attacks, admissibility of digital evidence in court, need for robust ethical and legal frameworks to ensure fair and just proceedings are persistent challenges regarding new technologies.

Balancing the imperative of effective investigation with protecting individual rights and ensuring due process necessitates careful ethical considerations and regulatory frameworks. This abstract aims to dissect the multifaceted impact of technology on the investigative process, focusing on its advancements, challenges and implications. Keywords: Technology, investigation, evidence, crime, law, etc.

INTRODUCTION

Human Civilization is an ongoing journey with technology from flint stones to genetic clones,1 with many ups and downs. The law plays a key role in maintaining order of this journey by providing checks and balances. 2 In last few decades, the developments in science and technology has showed its influence over committing of offences and how it has impacted current legal regime, which has undergone major changes to deal with new forms of criminal activities. There have been three “waves” of technological innovation: agricultural, industrial and informational and it is the latter of these, in whose influence we presumably remain today, which has transformed our world into one oriented towards and almost completely dependent upon computer communication technologies.

3 The Internet, touching every nook and corner of modern society, is inescapable and has become a means of cultural transmission. In fact, it is even regarded as having cultural dimension of its own. 4 Internet has blurred the time and geographical divide. In the “cloud computing technology”, similar to how a service provider supplies power, a user can request a service online and receive it from any server located anywhere in the world without knowing the precise geo-location of the server. 5 Internet carries with it significant new risks of criminal victimization, and thus presents some pressing challenges for legislators and criminal justice agencies. The central tension which exists is that on one hand, there is a need for surveillance and monitoring of online activities while on the other users’ privacy and confidentiality needs to be protected.

Information technology plays a surprising role in today’s digital age. It has increased production, cost-effectiveness, and efficiency at the corporate, governmental, and individual levels. The era of information technology has improved our legal systems6 and resulted in the 1 Hemanth Kumar, Scientific techniques for proof of facts Indian legal perspectives with special reference to judges awareness and appreciation 28 accessed 11 December, 2023. 2 K. Prasanna Rani (Ed), Law and Technology: An Interface I (Amicus Books, The IFCAI University Press, Hyderabad, 2008).

3 Alvin Toffler, The Third Wave (Collins Publications, New York, 1980) 26.

4 Manuel Castells as quoted in James Sleivin, The Internet and Society (Cambridge Polity Press, 2000) 266. 5 Reingold Barry, Mrazik Ryan, D’Jaen Miriam, “Cloud Computing: Whose Law Governs the Cloud? (Part III)” in 15 Westlaw, GLCYLAW 1. 6 See National Crime Records Bureau, Ministry of Home Affairs, Crime and Criminal Tracking Network and Systems, available at: http://ncrb.nic.in/cctns.htm (last visited on November 17, 2023).

creation of e-courts in India, where cases are filed and heard electronically.7 India’s path to adoption of technology accelerated during COVID lockdown across all sectors. With the surfacing of new technologies such as robotics, Artificial Intelligence, Data science, this sector will continue to see augmented growth in India. Information technology has numerous benefits, but there is a drawback as well. The increasing prevalence of e-crimes in cyberspace is indicative of this.8 Cyber-crime is an activity via the computer network that crosses the legal parameters.9 Because these crimes can be conducted quickly and anonymously online, cyber criminals find cyberspace to be an appealing medium.10

INTERFACE OF LAW AND TECHNOLOGY

Definition of Technology Technology is a process of knowledge emanating from engineering and science. It consists of two parts: (i) A body of knowledge that has been gathered through time and (ii) Research conducted by scientists that result in knowledge about the natural world. Engineering tries to give structure to human needs and goals, whereas science tries to understand the ‘why’ and ‘how’ of nature. To put it succinctly, science and engineering disciplines are integral to technology. 11 Computers and computer networks, internet topography and infrastructure, software, websites, internet-based communication technologies, and in-depth scientific knowledge are all considered to be forms of “information technology.

” These technologies are used to upload, access, search, process, share, transmit, post, download, and update data, including textual or 7 See India Development Gateway, available at: http://www. indg. in. e-governance/e-courts, (last visited on 17th November 2023), “e-courts Mission Mode Project Monthly Project Progress Summary and key Issues”, 1st October 2010-31st October 2010, , accessed 17 November 2023. 8 Pooja Kumari, Forensic accounting and corporate fraud in India an accounting professionals perspective, accessed on 24 November 2023. 9 Krishna Kumar and S. R. Sharma (eds. ), Cyber Laws: Intellectual Property and E-Commerce Security (Dominant Publishers & Distributors Pvt. Ltd. , New Delhi, 2018) 299. 10 United Nations International Review of Criminal Policy, Nos. 43 and 44, United Nations Manual on Prevention and Control of Computer related crimes, 1994, accessed 13 March 2024.

11 Supra note 2.

multimedia-based images and other types of information. 12 Information technology refers to software, databases, hardware, and other internet-related devices that are used to store, process, and transfer data over computer networks. 13 • Relationship of law and technology Our society thrives on new technology and technological advancement. Just as technology affects the style of working, the style of living, so also it affects the legal rules which are already in the statute book. Never before in human history had technology made such a tremendous change in law as in present times. As a potent instrument of transmission, the Internet has raked “new uncertainties” not only in the social world but also in the legal world. 14 The new legal issues created by technological advancements frequently are quite challenging to the current understandings of law.

Such issues often raise questions that are at forefront of scientific knowledge, incomprehensible to average person, and at times are not even well understood by scientific experts.

LEGAL RESPONSE TO CHALLENGES POSED BY TECHNOLOGY/ CHANGE IN

TECHNOLOGY:

1. Lessons from one technology can be exported to another technology by examining legal

system’s response to historic technological advances. Lawyers and judges are trained to work in a system of precedent that depends on categorizing cases according to existing legal rules. The routine response to the new issues, not surprisingly, is to try to analogize them to existing legal categorization. Such a response is often rational.15

2. Decision-makers must not get blinded by the wonder or promise of new technology when

judging the new legal issues created by impressive technological advance. It is a lesson that is easy to state, but clearly more difficult to apply in practice, particularly when a decision-maker is confronted with new technology for the first time and a cadre of experts 12 Dr. Karnika Seth, Computers, Internet and New Technology Laws: A Comprehensive Reference Work with Special focus on Developments in India (Lexis Nexis, Gurgaon, 3rd Edition, 2022) 14.

13 II Encyclopedia of IT Law (Sweet and Maxwell, 2001) 201.

14 Talat Fatima, Cyber Crimes (Eastern Book Company, Lucknow, 3rd edition, 2021) 27.

15 Gregory N. Mandel, “History Lessons for a General Theory of Law & Technology” in K. Prasanna Rani (Ed), Law and Technology: An Interface (Amicus Books, The Icfai University Press, Hyderabad, 2008) 3.

testifies to its spectacular abilities.16

3. Decision-makers must remain cognizant of the limits of their knowledge and ability to

foresee new technology issues. New legal issues created by technological advance often raises the question of whether, the technology is similar enough to the prior state of art such that the new technology should be governed by similar, existing rules, or whether the new technology is different enough such that it should be governed by new or different rules.17

TECHNOLOGICAL ADVANCEMENTS

Artificial Intelligence (AI) is a computer science discipline whose main field of work is development of computer programmed machines, a computer-controlled robot and advanced self-learning software/algorithm whose process of thinking is similar to or more advanced than humans. 18 Artificial Intelligence stands as a pivotal tool transforming legal systems globally. Rooted in creating intelligent machines, AI aids judicial reform through litigation systems, aiming to rectify discrepancies within criminal justice. 19 Defined as the pursuit of making machines intelligent, AI aligns intelligence with an entity’s apt functioning and foresight within its environment, as per Nilsson. 20 Forensic evidence, synonymous with scientific proof, merges scientific principles with legal investigations to ascertain guilt or innocence.

From biological materials like DNA to fingerprints, modern technology has revolutionized criminal investigations, especially in cases lacking direct proof, although it is not conclusive and requires adherence to established standards and caution in its application. 21 Computer and cyber forensics delve into digital realms, retrieving, preserving, and documenting evidence from electronic storage devices. It’s the science of forensics applied in

16 Id. at 11

17 Id. at 6

18 Dr. Faizanur Rahman, “Introducing Artificial Intelligence in the Criminal Justice System with Special Reference to India” 2 NCU Law Review (January-June 2019) 50.

19 Id. at 53

20 Nils J Nilsson, The Quest for Artificial Intelligence: A History of Ideas and Achievements (Cambridge University Press, 2009) 223.

21 Kimmy Gustafson, “Modern forensic science technologies”, published on Feb 1, 2023, https://www.forensicscolleges.com/blog/resources/10-modern-forensic-science-technologies > (accessed 7 December 2023).

a digital environment,22 aiding legal proceedings by inspecting systems for evidence or supportive evidence of a civil wrong or a criminal act. 23 Surveillance, propelled by Michel Foucault’s analysis of ‘panopticism,’ those modern techniques by which individuals and social groups were subjected to perpetual visual monitoring,24 has evolved from a tool of control to managing populations in a ‘society of control. ’25 CCTV and increased video monitoring perpetually watch, examine, and pass judgment, affecting our movements and sense of privacy. 26 Nanotechnology’s integration elevates forensic science, offering intricate analysis at molecular levels. Nano-sensors scrutinize illegal substances, aiding in detecting materials like explosives and biological agents.

Recent advancements have notably enhanced scientists’ capability to detect carbon and polymer-based nano-materials, empowering their determinations and providing valuable assistance to investigators. 27 In fingerprint analysis, nano-techniques enhance sensitivity and reliability, revolutionizing DNA extraction and amplification of efficiency in perpetrator identification. Polygraph testing, employing devices to record physiological responses during questioning, remains a contentious tool. These devices records respiration (breathing rate and depth), electrodermal response (skin electrical resistance changes) and change in pulse rate and blood pressure. 28 While it can’t definitively detect lies, skilled operators interpret physiological changes to infer truthfulness. Deepfakes are machine learning-based movies or audios that are convincing but artificial, frequently used for deception.

Section 66D of the Information Technology Act, 2000, declares 22 Dr. A. Nagarathna, Cyber Crime Laws- A Handbook (National Law School of India University, National Printing Press, Bengaluru, Volume I , 2016) 34. 23 Nishesh Sharma, Cyber Forensics in India: A Legal Perspective (Universal Law Publishing, New Delhi, 2017) 182. 24 Syed Saifudin, “Reading Foucault: Panoptic Surveillance and Disciplinary Power”, The Companion, published on 7th January 2023, accessed 18 November 2023).

25 N Rose, “Government and Control” 321, 40 British Journal of Criminology (March 2000)

26 Clive Norris and Garry Armstrong, The Maximum Surveillance Society: The Rise of CCTV (Routledge, London, 1st Edition, 1999). 27Kimmy Gustafson, “Modern forensic science technologies”, Feb 1, 2023, accessed November 2023). 28 Paul B. Weston, Charles Lushbaugh and Kenneth M. Wells, J.D, Criminal Investigation: Basic Perspectives (Prentice Hall Upper Saddle River, 8th Edition, 2000) 178.

that impersonating someone online is prohibited. The IT Rules, 2021, also mandate that social media companies remove photos that have been artificially altered upon being notified, and they forbid hosting any content that impersonates another person. 29 While we were still at the stage of understanding the internet technologies and its seriousness, another challenge knocked at our door, i. e. , the Dark Web. The Internet is boundless, limitless and has infinite stretch, the web is one portion of the Internet and a medium through which ocean of information is floating and can be accessed. The exploration of the Internet is yet to be done meanwhile; the offensive part of the internet is emerging slowly. 30 It was in early 1990s that the layers of Internet began to unfold. The US government created the Dark Web to make some secret communications away from public gaze.

The military researcher developed Tor in mid 1990s and released it in public domain and soon it became a new weapon in cyber criminal world. 31 The Dark Web and Deep Web present nuanced layers of the internet. The Deep Web, inaccessible via conventional search engines, houses not indexed content. 32 In contrast, the Dark Web, a subset of the Deep Web, remains concealed, providing a favorable camouflage for illicit activities due to its complex and hard-to-trace nature. 33 In the backdrop of technological advancements, these realms - AI, forensics, surveillance, nanotechnology, polygraph testing, deepfakes, and the Dark Web - shape modern legal landscapes. They both empower and challenge legal frameworks, necessitating continual adaptation to navigate the evolving complexities of technology in law enforcement and justice systems.

CRIMINAL INVESTIGATION

Criminal Investigation is a lawful search for people and things useful in reconstructing an 29 Nabeel Ahmed, “Why has the government issued a directive on deepfake? Explained”, The Hindu, November 09, 2023, accessed 23 November 2023. 30 Michael Chertoff & Toby Simon, “The Impact of the Dark Web on Internet Governance and Cyber Security”, Paper Series, No.6 Global Commission on Internet Governance (Feb. 2015). 31 Jennifer Hale and Millie Turner, “Hidden Web: What is the dark web and is it illegal to use?” The Sun, March 14, 2023, accessed 30 November 2023

32 Supra note 30

33 Matthias Schafer, Martin Strohmeier, et. al, “Black Widow: Monitoring the Dark Web for Cyber Security Information”, 11th International Conference on Cyber Conflict: Silent Battle (2019).

illegal act or omission and the mental state accompanying it. The objective of crime investigation is to determine truth as far as it can be discovered in any inquiry. It is the initial stage of criminal justice process. Successful investigations are based on fidelity, accuracy and sincerity in lawfully searching for the facts and on equal faithfulness, exactness, and probity in reporting the results. 34 Criminal investigation plays a critical role in the criminal justice process. If a criminal investigation is not successful- that is, if the perpetrator is not identified and apprehended- the rest of the criminal justice process is completely irrelevant. 35 The integration of science and conventional methods of criminal investigation opens up new avenues for efficiency in the field.

Growing confidence in the ability to solve crimes can help to significantly reduce crime by raising the likelihood that a perpetrator will be found, apprehended, charged, and found guilty. 36 The means by which an investigator officer carries out the function of investigation may be classified in two ways- Internal, the process of logic, expertise, intuition, experience and knowledge that he brings to the investigation and External, the tools, scientific aids, additional, personal and other resources that he brings to bear on the investigation. The major phases of investigation: (a) to ascertain and record facts concerning commission of crime (b) To identify criminal and his accomplices, if any (c) To arrest and apprehend criminals (d) To secure, preserve and evaluate evidence (e) To put evidence in court in a legal and presentable manner. 34 Hans G. A. Gross, trans. John Adam and J.

Collyer Adam, revised by R. L. Jackson, Criminal Investigation (Sweet & Maxwell Ltd, 5th Edition, 1962).

35 Steven J. Brandl, Criminal Investigation (SAGE Publications, USA, 2014) 17.

36 Paul B. Weston, Charles Lushbaugh and Kenneth M. Wells, J.D, Criminal Investigation: Basic Perspectives (Prentice Hall Upper Saddle River, 8th Edition, 2000) 2.

PRESENT LEGAL FRAMEWORK

Cr. P. C. Under the Criminal Procedure Code, the investigation process involves several steps. Initially, a complaint or FIR (First Information Report) is filed, initiating the investigation. Under this step, any person aware of the commission of a cognizable offence can report it to an officerin-charge of a police station. The police officer must then accurately record the information in writing, and it should be signed by the person providing the information. 37 When information about a non-cognizable offence is given to a police officer, the officer is required to accurately record it in writing and refer the informant to the magistrate. 38 Unlike cognizable offences, the police officer cannot conduct an investigation or make an arrest without the magistrate’s orders in cases of non-cognizable offences.

When a police officer receives information about a cognizable offence and has reason to suspect the commission of such an offence, they must proceed to the location of the crime, conduct an investigation and take necessary measures to collect evidence. This includes examining witnesses, gathering information, and making a record of the crime scene. Additionally, if it’s a case of death, suicide, or rape, the officer must inform a magistrate and conduct the investigation under their supervision. 39 Investigation process also involves examination of the witnesses by the police. The officer conducting the investigation has the authority to ask questions, make notes, and reduce the statements to writing.

These recorded statements are called ‘statements made to the police’ and can be used for reference or contradiction during the trial, but they are not considered substantive evidence in court. 40 Law enforcement conducts inquiries, gathers evidence, and may arrest suspects if necessary. Statements from witnesses and suspects are recorded, followed by the collection of physical evidence. Investigations culminate in either the filing of a charge sheet if evidence supports prosecution or closure of the case due to insufficient evidence. Subsequently, trials commence

37 The Code of Criminal Procedure, 1973, s. 154.

38 The Code of Criminal Procedure, 1973, s. 155.

39 The Code of Criminal Procedure, 1973, s.157.

40 The Code of Criminal Procedure, 1973, s.161.

based on the gathered evidence and statements, ultimately leading to a verdict. 41 • IT Act In India, the Information Technology Act 2000 is commonly referred to as the Cyber Law. It is the primary piece of legislation in India that governs the use of computers, computer networks, computer systems, computer resources, and communication devices in addition to electronic data and information. This law has addressed a number of issues related to digital signatures, cybercrime, electronic authentication, and network service provider liability.

42 Few of the important provisions dealing with Criminal Investigation are: Definition of ‘Computer’ 43 “Any electronic, magnetic, optical or high speed data processing device or system which performs logical arithmetic and memory functions by manipulation of electronic magnetic or optical impulses and includes all input output, processing, storage, computer software or communication facilities which are connected or related to the computer in computer system or a computer network. ” Legal Recognition of Electronic Records According to Section 4, if any particular legislation requires that information or anything else be typewritten, printed, or in writing, then that requirement will be deemed completed if both of the following two circumstances are met: I. whether the data or subject be provided or made accessible electronically

II. The fact that the data or material is in electronic format, allowing for evaluation and future

reference. All electronic information, records, databases, and documents are now considered valid 41 Medha Singh, “Section 154-176 CrPC (Information to the police and their power to investigate)”, Legal Service India E-Journal, accessed 23 November 2023).

42 Pavan Duggal, Textbook on Cyber Law (Universal Law Publishing Co., New Delhi, 2014) 81.

43 Information Technology Act, 2000, s. 2(i).

electronic records under Section 4, which can be properly proven and produced in a court of law.44 Electronic Signatures & Digital Signatures- A digital signature to an electronic document is what a seal and signature to a paper document.

Authenticity of the document and identification of its maker is what digital signature aims at. “Data”, “Information”, “Message” have become synonyms for “documents” in the computer and Internet environment. A digital signature is the advanced form of an electronic signature. In it, more sophisticated technology is used to secure it well and to make it more reliable and acceptable. 45 The most complex issue regarding electronic signatures is that in the event of dispute arising, what mechanism will be adopted to prove them in law courts. It is not only in the matter of civil proceedings but in criminal prosecutions too, evidence becomes the core concern. There are a good number of barriers in the way of smooth proving of an electronic signature because by nature they are volatile, extraordinary and queer.

All this will give leeway to the courts to deny the admissibility of electronic evidence. Investigation of Offences- The Code of criminal procedure, 1973 prescribes the procedure for trial of offences. It governs the investigation, trial, etc. of offenders under IT Act,46 with one exception provided under the IT Act with regard to authority who can conduct investigation. Section 78 of the IT Act provides that the offences under it can be investigated only by a police officer not below the rank of Deputy Superintendent of Police. • Criminal Procedure Identification Act, 2022 The development in technology has brought a very recent change in the legislation regarding collection and preservation of information by the Investigating authorities.

The Criminal Procedure Identification Act, 2022 is implemented with the aim to authorize investigating authority to take measurements of convicts and other persons for the purposes of identification

44 Id at 87.

45 Supra note 14 at 463.

46 The Code of Criminal Procedure, 1973, s.4 (2).

and investigation in criminal matters and to preserve records and for issues related therewith and incidental thereto.47 The Criminal Procedure (Identification) Act, 2022, empowers police officers or prison officers to collect certain identifiable information from convicts or those who have been arrested for an offence. This information could include finger-prints, photographs, iris and retina scan, biological samples and their analysis, and behavioral attributes. The Act empowers the National Crime Records Bureau (NCRB) to collect (from state governments, union territory (UT) administrations, or other law enforcement agencies), store, process, share, disseminate and destroy records of measurements, as may be prescribed by rules.48

IMPACT

OF

TECHNOLOGICAL

ADVANCEMENTS

ON

CRIMINAL

INVESTIGATION:

Investigators are responsible for gathering all facts which are necessary for solving the crime. They seek the truth about a specific event. Investigative techniques and sources of information play an important role in fulfillment of investigator’s duty in a more accurate and sincere manner. Computer has become an essential investigative tool. Criminal records and pertinent information about the crime, suspects and informants can be more efficiently and quickly obtained with the help of technological advancements. I.

FILING OF CASE

Technological developments have impacted the very initial stage of investigation. Efforts have been made to promote electronic filing of cases. Electronic filing (hereinafter “efiling”) is the filing of information in electronic form, as opposed to paper form.49 Electronic filing results in increased use of, and growing comfort with, technology and the instantaneous availability of anything in the court’s file.

II. RECORDING & COLLECTION OF EVIDENCE

A range of tasks are involved in documenting, such as writing up the investigator’s

47 Preamble to The Criminal Procedure (Identification) Act, 2022.

48 Criminal Procedure (Identification) Rules, 2022, PRS, accessed 20 November 2023). 49 William A. Fenwick and Robert D. Brownstone, “Electronic Filing: What is it, What are its implications?”, 19th Santa Clara High Technology Law Journal (2003), (accessed on November 23, 2023).

observations, taking pictures and video graphing the situation, and drawing sketches. Documenting facts and evidence is essential because it provides support for the investigating authorities’ assertions about the scene’s initial state and context. Technology has impacted this stage of investigation process through different modes: - E-discovery is the ‘process of acquiring and presenting electronic information in the discovery phase of litigation. ’ It is ‘the collection, review and production of electronically stored information- such as e-mail, word, processing documents, spreadsheets, and databases- in accordance with state or federal discovery requirements. ’50 Effective ediscovery both protects the integrity of information and allows that information to be presented in depositions and court appearances.

- Surveillance in the area of internet is different from its terrestrial counterpart as it observes and collects data footprints left behind in the online activities, also known as ‘data exhaust’, as it is a by-product of people’s online activities. 51 Electronic surveillance is used by the state and other security services to assess our potential threat to the political, economic, or social order, as well as to morality and society. In fact, it has been argued that the employment of computerized information processing to create criminals and mediate punishment is making electronic databases an increasingly important part of the criminal justice system as a whole. 52 - Investigative Cyber Forensic tools help in extracting electronic evidence in a cyber forensic examination. The subsequent admissibility of the gathered evidence depends upon these investigative tools.

53 - Nano-technological advancements in sensor technology show promise in detecting trace evidence like explosives and toxins. Nanotechnology-driven lateral flow assays (LFAs) enable swift and sensitive detection in body fluid analysis, aiding timely forensic investigations. Atomic force microscopy (AFM) allows nanoscale material characterisation, 50 Karnika Seth, Cyber Laws in the Information Technology Age (Lexis Nexis Butterworths Wadhwa Nagpur,

2009) 204.

51 Shoshana Zuboff, “Big Other: Surveillance Capitalism and the Prospects of an Information Civilisation”, 30 Journal of Information Technology (2015) 75. 52 Sarah Brayne, “Big Data Surveillance: The Case of Policing”, 82 American Sociological Review (2017) 977. 53 Nishesh Sharma, Cyber Forensics in India: A Legal Perspective (Universal Law Publishing, New Delhi, 2017) 114.

facilitating detailed analysis in forensic examinations, especially in questioned document examinations, providing 3D surface morphology to identify ink crossings and pen strokes on paper.54

III. IDENTIFICATION OF SUBJECT & OBJECT

There are a variety of ways in which a suspect can be identified. Out of them, most important are eyewitness and photographic identification. The technology saves time and space and photographs needed are easier to locate. Prior to availability of the computer, investigators would have to maintain a catalogue of photographs which were cumbersome and time consuming to organize. The investigator inputs the characteristics of the suspects into the computer and the database is searched for the photographs that match with the description provided within a few minutes. - Identification of the accused or his accomplice, if any, forms an important aspect of the investigation process. The analysis of DNA and separating it in case of mix up of various DNA which is impossible to be executed perfectly by human involvement can be successfully dealt with by using the AI.

55 This will help in trouble-free identification of the accused. - Augmented Reality is a recently developed technology that include the overlay of computer graphics on the real world. The use of Computer-generated animation can accurately visualise crime to assist the viewer to understand complex information. Computer graphic technology has been applied successfully to traffic accidents and reconstruction of crime scenes. 56 The CG animation has been used in crime investigations to reproduce a specific scene and demonstrate location and activity of objects, vehicles, and people involved at various points in time. - Identification of a Body of a dead person and a potential victim can be complicated by the 54 Hariprasad Madhukarrao Paikrao, Diksha Suryabhan Tajane, et al.

, “Applications of Nanotechnology in Forensic Science”, Nanotechnology in the Life Sciences Engineered Nanomaterials for Innovative Therapies and Biomedicine 257 (2022), accessed November 30, 2023.

55 Supra note 18 at 58.

56 Michael J. Palmiotto, Criminal Investigation (CRC Press, Boca Raton, 4th Edition, 2013) 265.

condition of the body or remains. It is important for the investigators to be aware of at least a basic level of understanding of forensic anthropology. Forensic linguistics in criminal cases provides evidence in form of audio and tape recordings. It helps in solving crimes and exonerating individuals accused of a crime.57 - Polygraph Testing technique useful in investigation as it is the instrumental detection of deception. With a co-operating subject, it is a valid investigative tool. The polygraph is used during criminal investigation procedures for determining whether a particular suspect has been involved or has knowledge of an offence. The polygraph may also be used on the victims and witnesses when an investigator doubts the credibility of their information.58

IV. ANALYSING EVIDENCE

One rather invasive action is the actual processing of evidentiary items at the site. It is necessary to analyse each piece of evidence to see what it defines independently and what the many pieces that are related to each other might define regarding the events that took place during the crime. 59 Technological advances have helped in adhering to the order of investigation and ultimately analyzing the evidence so collected in the following manner: - Crime analysis technology uses computer hardware for desktop work and laptops for field work. Frequently, the crime analysis section has its own servitors which house data and software shared by other investigators. Technology equipment used by crime analysis staff includes colour printed scanners and digital cameras.

Crime analysis specialists use software that assists in producing data that can assist police officers and investigators which includes spreadsheet software, database management software, statistical software, and geographical information system software. 60 - Crime-mapping is an integral part of Crime Analysis and since 1990s computer mapping has become a commonplace due to dramatic increase in the speed of computer processing. Crime mapping is the process of using a geographic information system to conduct spatial

57 Id at 262.

58 Id at 61.

59 Ross M. Gardner, Practical Crime Scene Processing and Investigation (CRC Press, Florida, 2005) 78.

60 R. Boba, Crime Analysis and Crime Mapping (Sage Publications, 2005) 101.

analysis of crime problems and other police-related issues. 61 - AI is being used for the purposes of predictive analysis. The unique advantage with AI is its ability to accurately predict human behavior. 62 AI systems are able to recognize risks in realtime, learn from patterns in network traffic, and warn security staff before a breach happens63, thereby promoting monitoring activities for prevention of crime. The contours of AI in crime investigation can be explained with the scenario that visual analysis is increasingly being used by law enforcement agencies to process data related to individuals, things and activities and all this data is useful in conducting investigations related to crime. - The American Heritage Dictionary defines ‘Forensic’ is defined as “pertaining to or employed in legal proceedings or augmentation.

”64 The forensic science is being involved in child custody evaluations, assessment of dangerousness of a person, assessment of competency to stand trial, and trial consultations, to just name a few. - Cyber/Computer Forensics focuses on gathering and evaluating digital data for use as evidence in civil, criminal, or administrative proceedings. 65 It is the methodical review and interpretation of information stored on or obtained from computer storage media so that it is admissible as proof in a court of law. Any such investigation has to cover the following main aspects of cyber forensics, namely: (1) Collection of suspect evidence (2) Recovery of erased/hidden/encrypted data (3) Analysis of suspect evidence66

61 Id at 37.

62 Christopher Rigano, “Using Artificial Intelligence to address Criminal Justice Needs”, National Institute of Justice (2018), accessed on 16 November 2023). 63 Divyansh, “The Use of Artificial Intelligence to Curb Cyber Crimes in India”, Legal Services India E-Journal, accessed 16 November 2023).

64 American Heritage Dictionary (Boston MA: Houghton Mifflin Company, 1973) 514.

Robert Baldi and Robert Clauff, Introduction to Window Forensics- CertConf.org, accessed 15 December 2023. 66 Sharique M Rizvi and Dr. Madhvendra Mishra, “Computer Forensics- New vistas in evidence technology”, 1 Bussiness Cognizance,

IIITA

E-Magazine (2013), accessed 22 November 2023).

V. PRESERVATION OF EVIDENCE

Forensic science, a rapidly advancing field, holds significant promise for aiding criminal cases. Employing technical expertise, forensic science is instrumental in detecting, identifying, and prosecuting offenders. It is used by investigators such as in crime scene management (including reconstruction of the crime scene), collection and preservation of evidence, interrogations and locating the suspects, etc. The evolution of modern technology and methodologies continually reshapes forensic science, presenting scientific evidence as a compelling avenue for highly precise factual determinations, potentially reducing the inherent uncertainties in judicial decision-making. 67 - Forensic Analysis of the computer data is becoming more and more popular both in areas of the cyber or computer security as well as the forensic science.

Computer Forensics is defined as the use of an expert to preserve and produce data from volatile and non-volatile media storage. This is used to encompass computer and related media that may be used in conjunction with a computer as electronic evidence in a court of law. 68

ETHICAL IMPLICATIONS OF TECHNOLOGICAL DEVELOPMENTS

The use of technology in criminal investigations is a double-edged sword. It’s truly amazing how technology has revolutionized the way we solve complicated crimes as with the help of advanced tools like DNA analysis, digital forensics, and facial recognition software, law enforcement agencies can gather evidence and track down suspects in ways that were once impossible. But, the use of technology in criminal investigations raises some serious legal and ethical issues about privacy, civil liberties, and the potential for misuse. It is crucial that law enforcement agencies take these concerns seriously and ensure that any technology used in criminal investigations is employed in a legal, ethical, and responsible manner.69

67 Nidhi Bishnoi and Uma Shanker Sharma, “A Study on Recent Advancements and Techniques of Forensic

Science in Criminal Justice System”, Journal of Advances and Scholarly Researches in Allied Education (2022), accessed November 26, 2023.

68 Supra note 66.

Dragon Sutevski, The Use of Technology in Criminal Law Investigations, accessed November 23, 2023.

Security Breach Computer glitches, electronic perils and crippling vulnerabilities define the present age, where the entire planet has been transformed into a Silicon Valley depicting legal anarchy. 70 The everexpanding digital landscape brings forth concerns about cyber security. Systems are vulnerable to hacking, data breaches, and cyber-attacks. Ethical considerations involve developing secure systems, implementing encryption, and establishing protocols to protect against potential threats and breaches of security. 71 - Data Privacy The State invades privacy in the name of national security through surveillance and “profiling” which is automated processing of personal data. Edward Snowden’s revelations show how technological devices can make possible global surveillance. 72 With technologies like AI chatting up, the concept of privacy has undergone a big change.

In the erudite judgment of K. S. Puttaswamy vs. Union of India73, a 9-judge bench of the Honorable Supreme Court, showed an understanding of right to privacy in the informational age as well. The court says, “Knowledge about a person gives a power over that person”74, hence a netizen finds himself much dependent on the technology to the extent that ultimately he is powerless before the technological onslaught. The State thus must intervene but with limitations save the users from misuse of their privacy by non-state actors. Therefore we can say that ethical considerations arise regarding the extent of data collection, storage, and use, especially when done without informed consent so the balancing the benefits of data-driven

70 Supra note 14.

71 Anusha Nethala, Challenges and opportunities in technology for data, IPleaders (Aug 17, 2023), https://blog.ipleaders.in/challenges-and-opportunities-in-technology-for-data-security-andprivacy/#:~:text=Artificial%20Intelligence%20(AI)%20and%20Machine,security%20breaches%20in%20real% 2Dtime> accessed 24 November 2023). 72 Edward, an employee of the Central Intelligence Agency (CIA) turned whistleblower, sent tremors across the world when he made public tremendously confidential reports from National Security Agency (NSA) in 2013. He was charged by the US Government under the Espionage Act of 1917 and for theft of government property. Snowden’s autobiography under the title Permanent Record was published by Metropolitan Books in 2019 in which he makes a strong case for his efforts.

73 (2017) 10 SCC 1.

74 Ibid, para 19.

insights with individual privacy rights becomes crucial. 75 - Human Rights Infringement Technological advancements, while offering numerous benefits, also have the potential to infringe upon human rights in several ways. One of such way is violation of privacy which is also a human right. It has been dealt in the above point. Censorship and limitations on freedom of expression can arise in digital spaces. Government regulations or surveillance mechanisms might restrict ability of individual to express dissenting opinions online, curtailing the right to freedom of speech and expression. 76 Furthermore unequal access to technology creates a digital divide, limiting person’s access to information, education, and opportunities. This disparity infringes upon the right to access information and contributes to societal inequalities.

Automation and AI-driven technologies can lead to job displacement, impacting individuals’ right to work and their economic wellbeing. This may again exacerbate socio-economic inequalities and hinder ability of individual to access meaningful employment opportunities. 77 - Environmental Impact The production and disposal of technology can have environmental consequences, such as ewaste, carbon footprint, energy consumption, and resource depletion. Ethical considerations call for sustainable practices in manufacturing, promoting recycling, and minimizing the environmental impact of technological advancements by its responsible use. 78 Addressing these ethical implications requires a comprehensive approach involving collaboration between policymakers, technologists, ethicists, and the public. Developing robust 75 J. J.

Britz, Technology as a Threat to Privacy: Ethical Challenges to the Information Profession, Department of Information Science, University of Pretoria, accessed 24 November 2023).

76 Molly K. Land and Jay D. Aronaon, “Human Rights and Technology: New Challenges For Justice And

Accountability”, Annual Review of Law and Social Science (Oct, 2020), accessed

24 November 2023).

77 Ibid.

78 Taneesha Ahuja, “Impact of Technology on Environment”, Reader’s Blog by Times of India, July 24th, 2022, accessed 24 November 2023.

ethical frameworks, promoting transparency, fostering public awareness, and establishing regulations and guidelines are essential steps toward responsible technological development and deployment.

CONCLUSION

The fusion of technology with criminal investigation has redefined the paradigms of law enforcement. While technological innovations offer unprecedented opportunities, navigating the ethical, legal, and societal implications remains a critical imperative. Striking a harmonious balance between technological advancements and safeguarding fundamental rights stands as a continual challenge in fostering a fair, effective, and ethically sound criminal justice system. It is a matter of considerable attention that how technological changes have affected the legal regime. Humanity is passing through a stage where the impact of technology on law is unprecedented and where new legal norms and legal principles are in the offing. Criminal investigators are becoming computer literate. Criminal investigators now use computers to trace and analyze crime trends.

It is extremely important to ensure that right mix of staff, both police and civilian, are employed, utilizing assistance from all the relevant experts and specialists in the differing computer and network disciplines. Investigating authority should take help of a skilled on-line investigator who is capable to access, analyze and draw evidence from various networks on the Internet. There is an urgent need to impart training to investigating officer to understand, trace and find out the offender in early stage of commission of crime. There is a need for a law enforcement presence on the Internet for reactive investigation, to gather knowledge and information, and also importantly to act in a pro-active way against organized crime and criminal. This can be done when investigative practice is subject to some form of methodology, structure and control.

The police must continue to push forward the boundaries of criminal investigation by increasing liaison and working partnerships with computer network industry in all its varied forms. In the end, it goes without saying that co-operation is the key to meet the challenges in investigation. The globalization of internet and the way it is enabling the individual to

communicate much wider and more effectively means that in turn law enforcement must continue and improve co-operation at all levels.