Admissibility And Reliability Of AI-Generated Evidence In Indian Criminal Trials: Challenges To Proof, Authenticity And Legal Liability
- IJLLR Journal
- 24 hours ago
- 1 min read
Bharti Kataria
Prof. (Dr.) Ashwani Kumar Dwivedi
ABSTRACT
The growing integration of Artificial Intelligence (AI) into criminal investigations has introduced a new category of evidence generated through algorithmic processes, including facial recognition systems, predictive analytics, and automated forensic tools. While such AI-generated evidence enhances efficiency and investigative capabilities, it raises significant concerns regarding its admissibility and reliability in criminal trials. In India, the existing evidentiary framework under the Bharatiya Sakshya Adhiniyam, 2023, primarily addresses electronic and digital records but does not specifically account for the complexities associated with AI-generated outputs.
This paper critically examines the challenges posed by the use of AI-generated evidence in Indian criminal proceedings, particularly with respect to proof, authenticity, and legal liability. It highlights issues such as algorithmic opacity, bias in training data, lack of transparency, and the risk of manipulation, including the use of deepfakes. The study further explores the implications of relying on such evidence for the right to a fair trial and the presumption of innocence.
By analysing statutory provisions, judicial approaches, and comparative international practices, the paper argues that the current legal framework is insufficient to address the unique challenges posed by AI. It emphasises the need for clear guidelines on admissibility, enhanced standards for reliability, and a well-defined framework for fixing liability. The paper concludes by recommending legal and policy reforms to ensure that the use of AI in criminal trials aligns with principles of fairness, accountability, and justice.
Keywords: Artificial Intelligence (AI), AI-Generated Evidence, Criminal Trials, Admissibility of Evidence, Reliability, Bharatiya Sakshya Adhiniyam, 2023, Digital Evidence, Algorithmic Bias, Deepfakes, Legal Liability, Fair Trial.
