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Rethinking Criminal Justice In The Digital Age




Jheel Nagori, Institute of Law, Nirma University


ABSTRACT


Relationship between technology and crime has undergone a = transformation during the era of digitalization. In addition to being used for discussion and reporting of crime, social media has made it possible for a criminal milieu to exist, whereby crime can be planned, organized and facilitated. Information available through social media has impacted victim selection, encryption has impacted planning of crimes, artificial intelligence makes it difficult to prove the veracity of evidence, and algorithm-based platforms make it easier for dissemination of misinformation that can result in violence, defamation, and civil unrest, these changes show that technology is not just creating new crimes, but is also transforming existing ones. Nevertheless, criminal laws continue to be seen as dealing with the digital crimes in the context of old-age technology. The present paper is concerned with the discrepancy that exists between the constantly evolving nature of the digital world and the relatively unchanged nature of the criminal justice system of India. An attempt has been made to demonstrate that the realm of cybercrime has moved beyond being a limited specialization and the modern-day digital technology is connected with nearly all forms of crimes covered under the Indian Penal Code, including murder, organized crimes, sexual crimes, fraud, and public order offenses. Through an examination of statutes, judicial pronouncements, criminology, and investigations, the paper tries to demonstrate that the criminal justice reforms of the future for India should be based upon adaptability and capability building related to technology, digital forensics, platform responsibility, and rights protection.


Keywords: Criminal Law, Criminal Justice, Cybercrime, Digital Technology, Social Media.



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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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.

 

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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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