Open Access Research Article
THE TRANSFORMATIVE INFLUENCE OF POST-COVID TECHNOLOGIES ON CRIMINAL INVESTIGATIONS AND PROSECUTIONS IN THE INDIAN CRIMINAL JUSTICE SYSTEM
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THE TRANSFORMATIVE INFLUENCE OF
POST-COVID TECHNOLOGIES ON CRIMINAL INVESTIGATIONS AND PROSECUTIONS IN THE
INDIAN CRIMINAL JUSTICE SYSTEM
AUTHORED BY - JISHA JASMIN A*[1]
Abstract
The aftermath of the COVID-19
pandemic has underlined the significance of technology in reforming various
sectors of society including the criminal justice system of India. In India
where the legal background was already undergoing changes because law change
according to the society’s change. The Indian criminal justice system has been
significantly impacted by advancements in technology over the past few decades.
New technologies have revolutionized the way criminal investigations are
conducted and prosecutions are pursued. The pandemic acted as a catalyst in
appositive sense, and it is accelerating the adoption of new technologies in
criminal investigations and prosecutions in our Criminal Justice System. This
article explores the profound impact of post-COVID technologies on the Indian
Criminal Justice System, shedding light on both opportunities and challenges. And
explores the multifaceted impact of new technologies on the Indian criminal
justice system, including their role in evidence collection, forensic analysis,
and surveillance and the challenges and concerns they raise. Looking to the
Technological Innovations in Criminal Investigations we can see that in the
wake of the pandemic, the limitations imposed on physical interactions
necessitated the utilization of technology to sustain crucial criminal
investigations. For example, in the case of advanced data analytics, machine
learning algorithms and artificial intelligence have played pivotal roles in
processing vast amounts of data for identifying the patterns and predicting
potential criminal behaviour. So, these technologies aid law enforcement
agencies in detecting and preventing crimes, particularly cybercrimes, which
saw a surge during the pandemic due to increased online activities
Introduction
The Post-COVID era has ushered in a
new era of technological advancement in the Indian Criminal Justice System.
While these technologies offer unprecedented opportunities for efficient
investigations and prosecutions. Even though it also come with ethical dilemmas
and challenges that require careful navigation. Striking a balance between
harnessing the potential of technology and safeguarding individual rights is
crucial to building a resilient and equitable criminal justice system for the
digital age. By embracing these changes and addressing associated challenges,
India can pave the way for a more efficient, accessible, and just legal system.
As we know that the emergence of the
COVID-19 pandemic in 2019 brought about an unprecedented need for technological
solutions across various sectors, including the criminal justice system. As
physical interactions became limited, the Indian criminal justice system
underwent a rapid transformation in its investigative and prosecutorial
processes. The closure of physical spaces including Police stations and Courts
had led to the rapid adoption of virtual collaborative tools. These tools
enabled investigators, lawyers, and other stakeholders to collaborate
seamlessly and regardless of their geographical locations. Virtual hearings and
remote Court proceedings became the norm, and it is ensuring that the wheels of
justice continued to turn even during lockdowns. This transformation while
driven by necessity has ushered in a more accessible and efficient justice
system. The digital era has brought about an array of tools for evidence
gathering including digital forensics, biometric technologies, and facial
recognition systems. These tools not only expedite the identification of
suspects but also aid in reconstructing crime scenes and corroborating
evidence. Furthermore, the increased use of surveillance technologies has led
to the capture of real-time evidence and thereby enhancing the efficacy of
criminal investigations.
While the integration of technology
has yielded numerous benefits, and it has also given rise to significant
challenges and ethical dilemmas. Privacy concerns have intensified because as
increased data collection and surveillance could infringe upon individual
rights. Moreover, the potential for biases in algorithms used in predictive
policing and facial recognition systems has raised questions about the fairness
and objectivity of criminal investigations. The proliferation of technology has
opened new avenues for cybercriminals to exploit vulnerabilities. As criminal
investigations increasingly involve digital evidence, ensuring the security and
integrity of data becomes paramount. Strengthening cyber security measures and
enacting robust data protection regulations are imperative to safeguard both
investigative processes and individual privacy. The adoption of new
technologies necessitates corresponding legal reforms to accommodate their
impact on criminal investigations and prosecutions. The Indian legal framework
must be flexible enough to address the evolving challenges while upholding the
principles of justice and fairness. Legislation concerning cybercrime, digital
evidence, and data protection needs to be continually updated to reflect the
changing technological landscape.
The COVID-19 pandemic disrupted
traditional norms and practices, forcing governments and institutions worldwide
to adopt innovative solutions to maintain essential functions. The Indian
criminal justice system faced unique challenges due to its reliance on physical
interactions and paper-based processes. To ensure the continuity of justice,
the adoption of post-COVID technologies became essential. This article examines
the transformative influence of these technologies on criminal investigations
and prosecutions in the Indian criminal justice system. By examining virtual
evidence collection, forensic advancements, data analytics, virtual court
proceedings, e-filing, case management, and block chain technology, this
research explores how these innovations have reshaped the landscape of criminal
justice processes. The paper also discusses the challenges posed by the digital
divide, data privacy, security, and legal and ethical concerns associated with
these technological advancements.
Technological Transformation in Criminal Investigation
Virtual Evidence
Collection: Traditional
methods of evidence collection often required physical presence which causing
delays during lockdowns. The limitations imposed by lockdowns and social
distancing necessitated a shift towards virtual evidence collection techniques.
The post-COVID era introduced virtual evidence collection techniques including
remote interviews, video conferencing and virtual crime scene reconstructions.
This has expedited investigations while adhering to health and safety
guidelines. The advent of virtual courtrooms and online platforms has
introduced a significant degree of flexibility and accessibility to legal
proceedings. This is especially crucial in times of crises in the COVID-19
pandemic, when in-person appearances became challenging. Virtual hearings have
reduced the backlog of cases and expedited the legal process, making justice
more accessible to a wider range of individuals[2].
Forensic Advancements: The integration of advanced
forensic technologies such as DNA analysis, facial recognition and digital
forensics has revolutionized evidence collection and analysis. These
technologies enhance accuracy in suspect identification and provide irrefutable
evidence in Court. Forensic science has seen tremendous advancements, largely
thanks to technology. DNA analysis, for instance, has revolutionized criminal
investigations. The accuracy of DNA profiling has exonerated innocent
individuals and identified perpetrators in cases that were once unsolvable.
Additionally, advancements in fingerprint and ballistics analysis have made it
possible to connect physical evidence to suspects with a higher degree of
certainty[3].
Data Analytics: The exponential growth of digital
data has led to the adoption of data analytics tools in criminal
investigations. These tools help law enforcement agencies identify patterns,
predict criminal activities and present evidence-backed cases for prosecution.
The explosion of digital data has necessitated the use of data analytics tools
to mine information, identify patterns, and establish connections. This aids
law enforcement agencies in predicting and preventing criminal activities while
providing valuable insights for effective prosecutions. The power of big data
and analytics cannot be underestimated in the realm of law enforcement. Police
departments can now harness vast amounts of historical crime data to predict
where and when crimes are likely to occur. This proactive approach allows for
more strategic resource allocation, ultimately leading to crime prevention and
safer communities[4].
Digital Evidence and
Forensics: Post-COVID
technologies catalysed the shift towards digital evidence collection and
analysis. Law enforcement agencies increasingly rely on data retrieved from electronic
devices, social media, and online platforms. This transition enables a more
efficient collation and presentation of evidence, expediting investigations and
reducing the reliance on traditional methods.
Artificial
Intelligence and Predictive Policing: The integration of artificial intelligence (AI) in criminal
investigations has revolutionized the identification of patterns and trends.
Predictive policing algorithms analyse historical data to forecast potential
crime hotspots, aiding law enforcement in proactive measures. However, concerns
over bias and discriminatory outcomes must be addressed to ensure the ethical
use of AI.
Remote Interrogations
and Virtual Reality Reconstructions: Social distancing norms led to the adoption of remote
interrogation methods, where suspects, witnesses, and experts could provide
statements virtually. Additionally, virtual reality reconstructions of crime
scenes facilitate a comprehensive understanding for investigators and judges
alike. These tools minimize physical presence requirements while maximizing the
accuracy of information.
Enhanced Evidence
Gathering:
Technology has fundamentally transformed the way evidence is gathered. In the
digital age, smartphones have become ubiquitous, and nearly everyone carries a
portable, high-quality camera in their pocket. This has made it easier to
capture critical evidence, such as photos, videos, and audio recordings, often
in real time. These digital records are difficult to dispute, providing a more
accurate representation of events, thereby strengthening cases. Moreover,
advancements in surveillance technology, including facial recognition systems and
license plate recognition cameras, have bolstered the capabilities of law
enforcement agencies. These tools are instrumental in identifying suspects and
tracking criminal activity.
Streamlined Case
Management: The
digital era has ushered in a plethora of software solutions designed to
streamline case management for legal professionals. These tools enable lawyers
and investigators to efficiently organize and access vast amounts of
information. From legal research databases to case management software, technology
has significantly reduced the time spent on administrative tasks and allowed
legal experts to focus on the core aspects of their cases.
Technological Advancements in Prosecutions
Virtual Court
Proceedings: Virtual
Court proceedings emerged as a solution to the backlog of cases during the
pandemic. These proceedings expedite trials, improve access to justice, and
reduce costs for all parties involved. The pandemic catalyzed the shift towards
virtual Court proceedings. This innovation significantly reduces the backlog of
cases, expediting trials and ensuring access to justice. Virtual hearings also
lower costs for litigants and lawyers. To mitigate the backlog of cases,
virtual court proceedings became a viable alternative. Video conferencing
platforms allowed judges, lawyers, and witnesses to participate remotely,
enhancing accessibility to justice. However, ensuring due process and
preventing technical glitches are on-going challenges.
E-Filing and Case Management: The transition to electronic filing
systems and digital case management tools has streamlined administrative
processes. This shift improves transparency, reduces paperwork, and facilitates
seamless sharing of documents among stakeholders. The adoption of electronic
filing systems and digital case management tools has streamlined administrative
processes. This ensures transparency, reduces paperwork, and simplifies the
sharing of documents between parties involved in criminal cases. The digital
transition extended to case management, with the adoption of e-filing systems
that facilitate the submission and tracking of legal documents. This expedites
case progression, minimizes paperwork, and improves transparency.
Blockchain for Transparency: The Indian criminal justice system
has grappled with issues of corruption and lack of transparency. Blockchain
technology can secure evidence, maintain custody chains, and create
tamper-proof records, ensuring the integrity of the legal process. Blockchain
technology offers a solution to issues of corruption and transparency in the
Indian criminal justice system. By securing evidence and maintaining
tamper-proof records, blockchain ensures the integrity of legal proceedings.
Sentencing and
Correctional Technologies: Technological advancements also influence post-conviction stages.
Sentencing algorithms consider various factors to recommend appropriate
sentences, striving for consistency and fairness. Additionally, electronic
monitoring and rehabilitation programs provide innovative alternatives to
traditional incarceration.
Advancements in Evidence Collection
Digital Evidence: The rise of smartphones and social
media platforms has led to an increase in the availability of digital evidence
in criminal cases. Digital evidence includes text messages, emails, videos, and
photographs, which are crucial in establishing guilt or innocence. The Indian
Evidence Act, 1872, was amended in 2000 to accommodate digital evidence,
providing a legal framework for its admissibility[5].
DNA Profiling: DNA profiling has become a powerful
tool in criminal investigations and prosecutions. The establishment of DNA
laboratories across India has facilitated the use of DNA evidence in solving
crimes and establishing paternity[6].several
landmark cases related to DNA profiling in India have shaped the legal
landscape. The most notable is the Selvi vs. State of Karnataka[7]
case in 2010, where the Supreme Court addressed the admissibility of
narcoanalysis, brain mapping and polygraph testing. Some
of the notable cases in India have involved DNA profiling:
1.
Aarushi-Hemraj Murder Case (2008)[8]:
The DNA analysis was a significant aspect of the investigation into the murders
of Aarushi Talwar and Hemraj Banjade.
2.
Mumbai Terror Attacks (2008)[9]:
DNA testing was utilized to identify the terrorists involved in the Mumbai
attacks.
3.
Gudiya Rape Case (2017)[10]:
DNA evidence played a key role in identifying and convicting the perpetrator in
the brutal rape and murder of an eight-year-old girl in Jammu and Kashmir.
4.
Kathua Rape Case (2018)[11]:
DNA profiling was used to establish the identity of the victim and the accused
in the heinous rape and murder of an eight-year-old girl in Jammu and Kashmir.
5.
Nithari Serial Killings (2006)[12]:
In this case the DNA evidence played a crucial role in convicting Surinder Koli
for the murders of several children in Nithari.
These cases highlight
the increasing importance of DNA profiling in criminal investigations and
justice delivery in India.
Forensic Analysis: Cyber forensics plays a pivotal
role in investigating cybercrimes, including hacking, online fraud, and cyber
bullying[13].The
Central Bureau of Investigation (CBI) and State police departments have
established specialized cybercrime units to handle such cases. Notable cases
involve the use of forensic analysis include the Aarushi Talwar murder case,
the Nirbhaya gangrape case and the Mumbai attacks. Each cases involves
different forensic technique to gather evidence and establish facts in court.
Automated Fingerprint Identification
Systems (AFIS): AFIS
technology has sped up identifying and matching fingerprints in criminal cases[14].It
has been used to solve cold cases and link suspects to multiple crimes.
Surveillance Technologies: It mainly includes Closed-Circuit
Television (CCTV) Cameras and Phone Tapping and Interception. In the widespread
installation of CCTV cameras has enhanced surveillance capabilities in public
spaces, aiding in the prevention and investigation of crimes[15].However,
concerns about privacy and misuse of surveillance data have arisen. Law
enforcement agencies can legally intercept phone conversations under the
provisions of the Indian Telegraph Act, 1885, and the Information Technology
(Procedure and Safeguards for Interception, Monitoring, and Decryption of
Information) Rules, 2009[16].Striking
a balance between national security and individual privacy remains a challenge.
Several cases in India have addressed the use and regulation of surveillance
technology. For example, the Justice KS Puttaswamy (Retd.) and Anr. v. Union of
India Case[17] in 2017
recognized the right to privacy as a fundamental right. Additionally, the
Puttaswamy judgment led to discussion about the need for a robust data
protection framework.
Disadvantages of using Technology in Criminal
Investigations
and Prosecution
The integration of technology into
criminal investigations and prosecution has revolutionized the criminal justice
system, enhancing its efficiency and accuracy. However, while technological
advancements have undoubtedly brought numerous advantages, it is crucial to
acknowledge the potential disadvantages that arise from overreliance on
technology. The downsides of using technology in criminal investigations and
prosecution, with real-world examples to illustrate these issues.
Privacy Concerns: One of the most significant
disadvantages of using technology in criminal investigations is the potential
infringement on privacy rights. The collection and utilization of vast amounts
of personal data, such as phone records, emails, and social media profiles, can
raise serious privacy concerns. For instance, in the case of United States v.
Jones[18],
law enforcement used a GPS tracking device to monitor a suspect's vehicle
without a warrant, leading to a Supreme Court ruling that such surveillance
violated the Fourth Amendment. The increased reliance on technology for
surveillance and data collection has raised valid concerns about individual
privacy. It’s essential to strike a balance between public safety and personal
privacy rights. The proliferation of surveillance cameras and data tracking
tools means that people are often under constant observation, and this can lead
to a sense of surveillance creep and violations of privacy.
Bias and Discrimination: Technological tools like predictive
policing algorithms and facial recognition software can perpetuate and
exacerbate existing biases in the criminal justice system. For instance, a
study by the American Civil Liberties Union (ACLU) revealed that facial
recognition software had a significantly higher error rate when identifying
individuals with darker skin tones, leading to potential misidentifications and
wrongful arrests.
Data Integrity and Security: The reliability of evidence
collected through technology can be compromised due to data tampering or
cyberattacks. In 2019, the Baltimore Police Department experienced a ransomware
attack that disrupted their ability to access critical case-related data,
raising concerns about the security of electronic evidence in criminal cases.
Overreliance on Technology: Overreliance on technology may lead
to investigators and prosecutors neglecting traditional investigative
techniques, such as interviewing witnesses and collecting physical evidence.
This overreliance can result in missed opportunities, as was evident in the
Boston Marathon bombing case, where surveillance cameras played a crucial role,
but traditional investigative methods were not as diligently pursued.
Resource Allocation: Investing in advanced technology
can be costly, diverting resources from other areas of the criminal justice
system, such as community policing or rehabilitation programs. This
misallocation of resources may not necessarily lead to a safer society and may
perpetuate the cycle of crime by not addressing its root causes.
Complex Legal Issues: Technological advancements often
outpace the development of legal frameworks and precedents, leading to complex
legal issues. For example, the use of drones in law enforcement is still a
topic of debate, with concerns regarding the Fourth Amendment rights of
individuals in private spaces.
Expertise Gap: The effective use of technology in
criminal investigations and prosecutions often requires specialized expertise.
This can create a gap between agencies with access to such expertise and those
that do not. Smaller law enforcement agencies may find it challenging to keep
up with the rapid pace of technological advancement.
Data Security Risks: The digitalization of legal
processes also introduces significant data security risks. Sensitive
information related to ongoing investigations, witness testimonies, and
personal data can be vulnerable to hacking and data breaches. Safeguarding this
information is paramount, necessitating robust cyber security measures.
Technological Disparities: The digital divide is a pressing
concern. Not everyone has equal access to technology, which can result in
disparities in access to legal services and justice. Those who are digitally
disadvantaged may find it more challenging to participate fully in legal
proceedings, potentially compromising their rights.
Human Error and Bias: While technology can enhance many
aspects of criminal law and investigations, there’s always the risk of human
error in its application. Additionally, algorithms and AI systems used in
predictive policing and sentencing can inadvertently perpetuate biases present
in historical data. Striking a balance between automation and human oversight
is critical to ensure fairness and accuracy.
While technology has brought
significant benefits to criminal investigations and prosecutions, it is
essential to recognize and address the associated disadvantages. Privacy
concerns, bias, data integrity, overreliance, resource allocation, legal
complexities, and expertise gaps are real challenges that need to be carefully
considered in the pursuit of justice. Striking a balance between leveraging
technology and preserving fundamental rights and principles is crucial for a
fair and effective criminal justice system. Lawmakers, law enforcement
agencies, and legal professionals must work together to mitigate these
disadvantages and ensure that technology serves justice without compromising
essential values and safeguards.
Challenges And Considerations
Legal Framework Adaptation: One of the primary challenges lies
in adapting legal frameworks to keep pace with the rapid evolution of
technology. Laws that were formulated before the digital age may not adequately
address novel situations created by emerging technologies. For instance, questions
surrounding the admissibility of evidence obtained from emerging surveillance
technologies like drones or the legal status of cryptocurrencies in cases
involving financial crimes require constant updates to existing legislation.
Cybercrime Complexity: The digital era has given rise to
complex forms of criminal activity, often collectively referred to as
cybercrime. These include hacking, identity theft, and various types of online
fraud. Investigating and prosecuting cybercrimes presents unique challenges, as
the perpetrators can be geographically dispersed and may exploit legal
jurisdictional gaps.
Digital Evidence Authentication: Ensuring the authenticity of
digital evidence is a critical challenge. The ease with which digital content
can be manipulated, forged, or misrepresented necessitates stringent procedures
for its authentication. Legal systems must continually evolve to establish
protocols that validate the integrity of digital evidence.
Ethical Dilemmas: The application of emerging technologies,
particularly artificial intelligence (AI), in criminal justice systems
introduces ethical dilemmas. For example, the use of AI algorithms for
predictive policing and sentencing decisions raises concerns about bias and
fairness. Ensuring that technology is used ethically and that decision-making
processes are transparent and accountable is a complex yet vital challenge.
Suggestions For using Technology
Continuous Education and Training: Given the rapid evolution of
technology, legal professionals, including judges, lawyers, and law enforcement
personnel, should receive ongoing education and training in technology-related
matters. This includes staying updated on new technologies, their legal
implications, and best practices for their use in criminal cases.
Robust Cyber security Measures: Protecting the integrity and
confidentiality of digital information is paramount. Implementing and
continually updating robust cyber security measures within legal systems, law
enforcement agencies, and legal firms can help safeguard sensitive information
from cyber threats.
Ethical AI Use: Establish clear guidelines and
regulations for the ethical use of AI in the criminal justice system. This
includes ensuring transparency in AI algorithms used for decision-making,
regularly auditing these algorithms for bias, and providing mechanisms for
accountability in cases where AI systems are involved in critical decisions,
such as sentencing.
Collaborative Partnerships: Foster collaborative partnerships
between law enforcement agencies, technology companies, legal experts, and
civil rights organizations. Collaborative efforts can lead to the development
of innovative solutions, the formulation of sound legal frameworks, and the
identification of potential pitfalls associated with technology in the legal
domain.
Public Awareness and Participation: Engage the public in discussions
about the impact of technology on criminal law and investigations. Encourage
citizen participation in shaping policies and regulations to ensure that
technological advancements align with societal values and principles of
justice.
Digital / Technological Divide and
Accessibility: While
technology offers numerous benefits, its unequal distribution raises
accessibility issues. Socioeconomic disparities may prevent certain individuals
from fully participating in virtual proceedings or benefiting from advanced
investigation methods. Measures to bridge this gap are imperative. Despite
technological advancements, the digital divide remains a barrier to equitable
access. Many individuals, especially in rural areas, lack the necessary
resources to participate in virtual proceedings.
Data Privacy and Security: The extensive use of surveillance
technologies raises concerns about violations of privacy rights guaranteed
under the Indian Constitution[19].The
Supreme Court of India has issued guidelines to ensure the lawful and
proportionate use of surveillance techniques[20].The
increased reliance on digital evidence raises concerns about privacy and data
security. Safeguarding sensitive information from unauthorized access and
ensuring compliance with data protection laws are paramount. Striking a balance
between investigative needs and individual rights is crucial. With the reliance
on digital evidence, concerns about data privacy and security have arisen.
Stringent measures are required to safeguard sensitive information and prevent
unauthorized access.
Legal and Ethical Concerns: The adoption of emerging
technologies like facial recognition and predictive analytics necessitates
addressing legal and ethical concerns related to privacy, bias, and individual
rights.
Legal Admissibility of Technological
Evidence: The
admissibility of digital evidence in court poses challenges. Ensuring the
integrity and authenticity of evidence, along with addressing concerns of
tampering, require robust legislative and procedural frameworks. Courts must be
equipped to assess and validate technological evidence effectively.
Digital Forensics Capacity: There is a need to strengthen the capacity
of law enforcement agencies in the field of digital forensics to effectively
handle the increasing volume of digital evidence[21].Training
programs and the establishment of state-of-the-art forensic labs are essential.
Cybersecurity Threats: As technology advances, so do cyber
threats, making it necessary for law enforcement to continuously adapt and
upgrade their capabilities[22].Collaboration
with the private sector and international agencies is vital to combat
cybercrimes effectively.
Conclusion
New technologies have undeniably
transformed criminal investigations and prosecutions in the Indian criminal
justice system. They have enhanced evidence collection, forensic analysis, and
surveillance capabilities. However, the implementation of these technologies
must be accompanied by a robust legal framework to protect individual rights
and privacy. Striking a balance between law enforcement needs and civil
liberties will be an ongoing challenge as technology continues to evolve. The
post-COVID era has catalyzed a technological revolution in the Indian criminal
justice system. The integration of advanced tools for investigations and
prosecutions has the potential to accelerate the legal process, reduce backlog,
and enhance transparency. However, a careful approach is essential to address
challenges such as the digital divide, data security, and ethical
considerations. As India continues to embrace these transformative
technologies, it has an opportunity to shape a more efficient, accessible, and
fair criminal justice system for the future. The incorporation of post-COVID
technologies into the Indian criminal justice system has brought about
significant transformations in investigations and prosecutions. While these
innovations hold immense potential to expedite the legal process and improve
transparency, challenges such as the digital divide, data security, and ethical
considerations must be carefully navigated. The Indian criminal justice system
stands at a crossroads, where the intelligent integration of technology can
lead to a more efficient, accessible, and equitable future for all stakeholders
involved.
The post-COVID era has accelerated
the integration of technologies in the Indian criminal justice system,
transforming the landscape of investigations and prosecutions. As digital
evidence, AI, virtual proceedings, and other innovations become more ingrained,
stakeholders must collaborate to navigate challenges and maximize the benefits.
The Indian criminal justice system stands at a pivotal juncture, where the
prudent and ethical use of technology can enhance efficiency and fairness,
ultimately upholding the rule of law. Balancing innovation with fundamental
rights will be essential to harness the transformative potential of post-COVID
technologies. The COVID-19 pandemic reshaped the world in profound ways,
forcing societies to adapt to unprecedented challenges. One sector
significantly impacted is the criminal justice system, prompting the adoption
of innovative technologies to ensure the continuity of investigations and
prosecutions. In India, where the criminal justice system has faced numerous
challenges, the post-COVID era has witnessed a rapid integration of technology,
revolutionizing the landscape of criminal investigations and prosecutions.
References:
·
Central
Bureau of Investigation (CBI). (n.d.). Cyber Crime. Retrieved from https://www.cbi.gov.in/quick-links/cyber-crime.
·
Indian
Evidence Act, 1872, s. 65B.
·
Information
Technology (Procedure and Safeguards for Interception, Monitoring, and
Decryption of Information) Rules, 2009.
·
Ministry
of Electronics and Information Technology, Government of India. (2020). Scheme
for Financial Assistance to States for Setting up of Cyber Crime Prevention
against Women and Children (CCPWC) Units.
·
Ministry
of Home Affairs, Government of India. (2021). Guidelines for CCTV Surveillance
in India.
·
Natarajan,
J. (2012). DNA Profiling in India: The Current Scenario. Journal of Indian
Academy of Forensic Medicine, 34(3), 263-267.
·
National
Crime Records Bureau (NCRB). (2020). Automated Fingerprint Identification
System (AFIS).
·
National
Cyber Security Policy, Government of India, 2013.
·
The
Constitution of India, Part III, Art. 21.
·
Justice
K.S. Puttaswamy (Retd.) and Another v. Union of India and Others, (2017) 10 SCC
1.
·
Mohammed
Ajmal Mohammed Amir Kasab @ Abu Mujahid vs State of Maharashtra (2012)8 S.C.R
295
·
Zahur
Haidar Zaidi vs C B I on 19 January 2018 on 7 May 2018
·
Mohd.
Akhtar vs State of Jammu and Kashmir
·
Surendra
Koli vs State Thru C.B.I on16 October 2023.
·
Dr.
(Smt.) Nupur Talwar vs Sate of U. P And Anr (1984) 2 SCC 627
·
Central
Bureau of Investigation (CBI). (n.d.). Cyber Crime
·
National
Crime Records Bureau (NCRB). (2020). Automated Fingerprint Identification
System (AFIS).
·
Selvi
vs. State of Karnataka 2010(7) SCC 263
·
United
States v. Jones 565 U S 400 (2012)
[2]https://vakilsearch.com/blog/the-transformative-impact-of-new-technologies-on-criminal-law-andinvestigations
(last visited on October 10, 2023).
[3] Ibid
[4] ibid
[5]Indian Evidence Act, 1872, s. 65B
[6]Natarajan, J. (2012). DNA Profiling
in India: The Current Scenario. Journal of Indian Academy of Forensic Medicine,
34(3), 263-267
[7] 2010(7) SCC 263
[8] Mohammed Ajmal Mohammed Amir
Kasab @ Abu Mujahid v. State of Maharashtra (2012)8 S.C.R 295
[9] Zahur Haidar Zaidi v. C B I,
SLP (Crl.) No.2123 of 2018
[10] Mohd. Akhtar v. State of Jammu
and Kashmir, SC WP(Crl.) No. 85 of 2018
[12] Dr. (Smt.) Nupur Talwar v. Sate
of U. P And Anr (1984) 2 SCC 627
[13] Central Bureau of Investigation
(CBI). (n.d.). Cyber Crime
[14] National Crime Records Bureau
(NCRB). (2020). Automated Fingerprint Identification System (AFIS).
[15] Ministry of Home Affairs,
Government of India. (2021). Guidelines for CCTV Surveillance in India
[16] Information Technology (Procedure
and Safeguards for Interception, Monitoring, and Decryption of Information)
Rules, 2009
[17] (2017) 10 SCC 1
[18] 565 U S 400 (2012)
[19] The Constitution of India, Part
III, Art. 21.
[20] Justice K.S. Puttaswamy (Retd.)
and Another v. Union of India and Others, (2017) 10 SCC 1
[21] Ministry of Electronics and
Information Technology, Government of India. (2020). Scheme for Financial
Assistance to States for Setting up of Cyber Crime Prevention against Women and
Children (CCPWC) Units.
[22] National Cyber Security Policy,
Government of India, 2013
Article Information
THE TRANSFORMATIVE INFLUENCE OF POST-COVID TECHNOLOGIES ON CRIMINAL INVESTIGATIONS AND PROSECUTIONS IN THE INDIAN CRIMINAL JUSTICE SYSTEM
Authors: JISHA JASMIN A
- Journal IJLRA
- ISSN 2582-6433
- Published 2024/06/27
- Issue 7
About Journal
International Journal for Legal Research and Analysis
- Abbreviation IJLRA
- ISSN 2582-6433
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