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Role Of Information Technology In Investigation & Criminal Trial: A Study




Mittali Sharma, HIET College (Law Department), Shahpur


ABSTRACT


The integration of information technology (IT) into criminal investigations and trials has revolutionized the Indian criminal justice system, particularly under the new legal framework introduced by the Bhartiya Nyaya Sanhita (BNS), 2023, the Bhartiya Nagrik Suraksha Sanhita (BNSS), 2023, and the Bhartiya Sakshya Adhiniyam, 2023. This study explores the evolving role of digital evidence, technological tools, and AI in enhancing investigative efficiency, trial processes, and justice delivery while addressing the associated challenges.


The first part of the study delves into digital evidence in criminal investigations and trials, focusing on its definition, legal recognition, and admissibility under Indian law. Special provisions introduced by the Information Technology Act, 2000, have paved the way for incorporating electronic records into judicial processes. However, issues of admissibility, certification requirements, and tampering exist. A comprehensive review of judicial precedents reveals Indian courts' developing perspective on tackling these difficulties while maintaining the integrity of the justice system.


The second part examines the legal perspectives on technological integration under the new criminal legislation. Key aspects of the BNS, BNSS, and Bhartiya Sakshya Adhiniyam are examined, including the official recognition of digital evidence, the use of electronic communication in trial processes, and the extended scope of secondary evidence. The study focusses on innovations like as forensic and digital evidence collecting, electronic summons, and the use of AI in legal research and predictive analytics. Furthermore, the use of machine learning and data analytics for evidence analysis.


The third part delves into the revolutionary potential of AI in criminal justice, specifically the BNSS 2023. AI-powered applications like predictive policing, surveillance technologies, and risk assessment improve law enforcement operations. Tools such as AI-powered predictive analytics and evidence analysis help to speed legal processes while also preventing crime. However, worries about data privacy, algorithmic bias, and technological inequities underscore the ethical and legal challenges of AI integration.

Tampering with digital evidence, technical inequities among stakeholders, and maintaining a careful balance between privacy and security are all addressed. The discussion includes safeguards and proposals for guaranteeing openness, accountability, and fairness in the use of IT and artificial intelligence. The Indian legal framework seeks to close the gap between conventional legal systems and current technology-driven procedures by embracing advanced technical tools while sticking to the ideals of fairness and constitutional rights.


This study finds that the new criminal laws permit the transformative integration of IT and AI into India's criminal justice system, paving the way for a more efficient, transparent, and egalitarian system. However, it emphasises the importance of strong supervision systems, ethical principles, and policy frameworks in mitigating potential hazards and ensuring that technological improvements match with the essential goals of justice.


Keywords: Admissibility, Artificial Intelligence, Bhartiya Nyaya Sanhita 2023, Criminal Justice, Data Privacy, Digital Evidence, Predictive Policing etc.



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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