Technological Transformation Of India’s Criminal Justice System Under The New Criminal Law
Nabanita Boro, Advocate, Judicial Magistrate First Class Court, Boko
ABSTRACT
Human society is constantly evolving. It has undergone various transformation from traditional to a modern technology driven society. In the context of the criminal justice system, the advancement of modernisation has brought significant changes in the justice delivery system. This modernisation has revolutionised societal structure, making a shift towards the use of technology or digital methods, making the system more efficient, transparent, and accurate.
In India, the new criminal law, i. e Bharatiya Nyaya Sanhita, Bharatiya Nagarik Suraksha Sanhita, Bharatiya Sakshya Adhiniyam, has adopted digital tools including electronic evidence, forensic techniques, and audio- video recording of investigation procedures, aiming to enhance efficiency, transparency, and accuracy in criminal investigation and trial.
However, the use of technological tools has raised constitutional concerns, particularly in relation to the right to privacy, equality, due process and fair trial under the Constitution. This study seeks to examine the balance of technological innovation and constitutional safeguards, evaluating whether the existing legal framework adequately protects individuals’ privacy and ensures accountability.
Keywords: Criminal justice system, Technology, Bharatiya Nyaya Sanhita, Bharatiya Nagarik Suraksha Sanhita, Bharatiya Sakshya Adhiniyam, Digital evidence, Forensic Techniques, Right to Privacy, Constitution.
