The then Chief Justice of India Dr D.Y Chandrachud, while delivering the 20th DP Kohli memorial lecture on the Central Bureau of India Raising Day April 1st 2024, remarked that “In the era of digital transformation, the interplay between law and technology can result in better crime detection and also ensure criminal justice reform”. In the age of intelligence, technology is involved in almost every sphere of human life,[1] the criminal justice system is no exception to it.
Intelligent technologies have posed new possibilities and challenges before the institutions responsible for crime prevention, detection, and law enforcement agencies. The use of intelligent technology has brought sophistication in cyber-crimes and has given strength to its global nature. Law enforcement agencies have no option other than improving their cyber capabilities to combat the menace of sophisticated cyber-crimes, vis-à-vis using enhanced abilities and making the investigation more efficient.
The robust legal technology brings efficiency and effectiveness at every stage of the Criminal Justice System.[2]. Emerging technologies such as Forensic Artificial Intelligence, Big Data to Blockchain, Facial Recognition, Biometric Technology, and the integration of these technologies have the potential to bring revolutionary changes in criminal justice system. However, the use of these technologies poses legal, ethical and practical challenges.
The Biological Theory of Cesare Lombroso, may not have succeeded but the use of AI and ML has the potential to cogent predictive policing. The use of AI-Powered tools "Crime Mapping Software', can provide valuable insights into crime trends. The Artificial Intelligence relies on the Datafication process to support humans in decision-making.[3]Artificial Intelligence can aid in Case Management, Case Documentation, and Enhancing courtroom efficiency. In a Country where the pendency is staggering, with a pendency of 4.56 crore cases in India, the practising of cases based on urgency could prove invaluable. In some jurisdictions, AI-driven risk assessment tools are utilised to assess the chances of recidivism and data-driven approaches for sentencing.
Big Data should be utilized for analyzing crime trends analysis and enhancing the overall functioning of law enforcement agencies.[4]The Big Data could be refined and put into use based on the available Metadata. Through the assessment of Big Data, the crime hotspot could be identified[5], and resource allocation could be made appropriately. The Big Data could also be used for surveillance, detecting hate speech and monitoring social media posts of the disturbed areas.
Blockchain technology could be brought into use to increase the transparency and accountability of law enforcement agencies. Blockchain technology could be used to securely store and authenticate digital evidence. The recorded digital evidence should be uploaded on the Blockchain Ledger, ensuring no tampering occurs and if tampering occurs, it is traceable.
These technologies should be used to bring efficiency to the Criminal justice system, but the ethical and legal issues associated with intelligent technology should be addressed with all sincerity. In India, where privacy remains a sensitive issue, technologies such as Facial Recognition and AI-powered surveillance pose a serious threat to individual privacy and public data. Artificial Intelligence has the potential to present dangers in society and can impact human rights issues if it is not used sincerely.[6]. The implementation date of The Personal Data Protection Act, 2023, is still pending as draft rules are being finalized to detail its application. Artificial Intelligence and machine learning systems are only as unbiased as the data used to train machines.[7]. Globally the Social, Economic and Political inequalities are all pervasive and the machine biases have been prevalent in all jurisdictions. The Predictive Policing systems made by PredPol were discontinued in the United States as they were ineffective.[8].
Virtual reality-based crime scene reconstruction provides 3D models for crime scenes, which can address many problems, that the investigating agency might face while visiting a crime scene. Through the aid of virtual reality, the investigating agency can create a walk-through experience, helping them to pinpoint evidence and possibilities that might have otherwise been overlooked. Augmented Reality, enhances the presentation of evidence in courtrooms, with real-time visualization, enabling judges to grasp complex evidence.[9], and make the case more presentable by the attorneys or advocates as addressed in distinct jurisdictions.
The more digitalised and centralised criminal justice system will pave the way for global cyber attackers to breach the cyber security net and disrupt the Indian Digital Criminal Justice Infrastructure. The cyber criminals may target digital records, evidences, compromising the entire judicial process, which will result in trust erosion from the minds of stakeholders.
India currently lacks the cybersecurity regulatory framework governing the use of AI-backed technology in the criminal justice system. Avoiding technology is not the solution, rather the safety net should be strengthened, to reduce the chances of technology misuse and abuse. In India where the judicial pendency is alarmingly high, a balanced approach should be adopted that facilitates tech advancement, and tech integration, vis-à-vis ensuring privacy and ethical issues involved with AI-powered technology, part of the criminal justice system. To prevent the misuse of emerging technologies security, privacy and issues of civil rights need to be incorporated into common process for implementing those technologies.
Author: Pranjal Chaturvedi is a Doctoral Research Fellow at Bennett University. Views are personal.
Mishra, P. K., & Law, L. (2024, February 27). Law and AI, legal framework and challenges, AI-powered tools, General Data Protection Regulation (GDPR). Live Law. https://www.livelaw.in/lawschool/articles/law-and-ai-ai-powered-tools-general-data-protection-regulation-250673#:~:text=The adoption of AI in,predictive analytics, and document automation. ↑
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Sadulski, J. (2024, September 13). Artificial intelligence in Crime Detection: How it's useful. American Military University. https://www.amu.apus.edu/area-of-study/information-technology/resources/artificial-intelligence-in-crime-detection/ ↑
Manyika, J., Silberg, J., & Presten, B. (2019, October 25). What Do We Do About the Biases in AI? Harvard Business Review. https://hbr.org/2019/10/what-do-we-do-about-the-biases-in-ai ↑
Predictive policing in India: Deterring crime or discriminating minorities? (2021, April 16). LSE Human Rights. https://blogs.lse.ac.uk/humanrights/2021/04/16/predictive-policing-in-india-deterring-crime-or-discriminating-minorities/ ↑
UNESCO. (2023). Exploring the Impact of Virtual and Augmented Reality in Courts. Unesco.org. https://www.unesco.org/en/articles/exploring-impact-virtual-and-augmented-reality-courts ↑