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Artificial Intelligence In The Indian Criminal Justice System: A Step Towards Smart Justice Or A Threat To Fair Trial?




Kumar Kartikeya, LLM, Research Scholar, Department of Law, NIMS University

Dr. (Prof.) Falak Bashir, PhD, NIMS University


ABSTRACT


The integration of Artificial Intelligence (AI) into the Indian criminal justice system represents a transformative shift towards data-driven governance. While AI offers significant potential to address systemic inefficiencies such as judicial delays, case backlog, and limited access to justice, its application raises serious constitutional, ethical, and legal concerns. This paper critically examines whether AI serves as a tool for “smart justice” or poses a threat to the fundamental principles of fair trial and due process.


The study explores global practices and the evolving Indian approach to AI in criminal justice, highlighting both opportunities and risks. Emphasis is placed on issues such as algorithmic bias, lack of transparency, accountability deficits, and the potential violation of fundamental rights under Articles 14, 19, and 21 of the Constitution of India. The paper argues that while AI can enhance efficiency and consistency in judicial processes, it must not undermine judicial discretion, human empathy, and constitutional safeguards.


Ultimately, the research concludes that AI should function as an assistive mechanism rather than a decision-making authority. A robust regulatory framework, ethical guidelines, and institutional oversight are essential to ensure that the integration of AI strengthens rather than weakens the justice delivery system.


Keywords: Artificial Intelligence, Criminal Justice System, Fair Trial, Algorithmic Bias, Judicial Discretion, Constitutional Rights, Article 21, Predictive Policing, Legal Technology.



Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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Licensing: 

 

All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

Disclaimer:

The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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