Abstract
There is a huge transformation happening in India within the criminal justice system to optimize performance and the protection of human rights. The BNS, 2023 has introduced potential advancements by incorporating electronic evidence in investigations; but we cannot rule out ethical issues. There are technologies like Facial Recognition Technology (FRT) and Closed-Circuit Television (CCTV) that have raised privacy concerns; Delhi represents some of the most extensive growth in the surveillance system. New legislation called the Digital Personal Data Protection Act, 2023 enforces data protection policies on par with international standards including GDPR; but issues like cross-border data transfer and compliance persist.
AI presents an opportunity to enhance policing through technology, but it raises ethical concerns, particularly regarding algorithmic biases that could undermine constitutionally protected rights to equality and fairness for minorities. These systems, like CMAPS and JARVIS demand the disclosure, accountability, and supervision of artificial intelligence applications. At the same time, cybercrime persists and intensifies, fuelled by technology trends, deepfakes, and ransomware, which create major economic and security threats. In a lot of ways, the article highlights the role of the laws enacted and the international collaboration India has been making to enhance cybersecurity; though, at the same time, the article pushes for increased awareness, involvement, and sensible policy in the country.
With India now heading towards digitalization in the criminal justice system, the need to strike a balance between the two—progress and rights—is very central. Ethical usage of technologies, fair policies and legislation, and distribution of solutions for justice—none of these should erode freedom in society. India’s digital future is not only about creativity; it also concerns whether it serves decency, privacy, and equity.
Key Words
- Digital Surveillance
- Artificial Intelligence
- Cybersecurity
- Predictive Policing
- Data Protection Act
Introduction
India’s legal system is undergoing a significant transformation with the rapid integration of technology, raising critical questions about protecting fundamental rights while advancing innovation. The Bharatiya Nyaya Sanhita (BNS) of 2023 represents a pivotal step forward by incorporating procedures for electronic evidence. Yet, concerns persist about the responsible deployment of technologies like Facial Recognition Technology (FRT) and Closed-Circuit Television (CCTV) in law enforcement and surveillance[1]. For example, Delhi boasts an astounding density of 1,826 CCTV cameras per square mile, showcasing its extensive surveillance network[2]. Clear guidelines on data retention policies and privacy protections are essential as India navigates the complexities of digital surveillance in crime prevention.[3] Amidst these developments, the ethical implications of Artificial Intelligence (AI) in law enforcement demand careful consideration[4], necessitating robust frameworks to address algorithmic bias and ensure procedural fairness[5]. The Digital Personal Data Protection Act 2023[6] underscores India’s commitment to data security amid escalating cyber threats, despite challenges related to compliance and operational feasibility. India’s journey towards a digital legal framework underscores the delicate balance of leveraging AI[7] to enhance efficiency in criminal justice while upholding transparency and safeguarding fundamental rights, shaping a future where technology supports a just and secure society.[8]
[1]Software Freedom Law Center, India • Defender of Your Digital Freedom. (2024). Deployment of Facial Recognition Technology for State Surveillance and Monitoring • Software Freedom Law Center, India. [online] Available at: https://sflc.in/deployment-of-facial-recognition-technology-for-state-surveillance-and-monitoring/.
[2]Special Correspondent (2021). Delhi tops list of world cities in terms of CCTVs per sq. mile: CM. [online] The Hindu. Available at: https://www.thehindu.com/news/cities/Delhi/delhi-tops-list-of-world-cities-in-terms-of-cctvs-per-sq-mile-cm/article36129409.ece[Accessed 17 Dec. 2024].
[3]WHITE PAPER OF THE COMMITTEE OF EXPERTS ON A DATA PROTECTION FRAMEWORK FOR INDIA. (n.d.). Available at: https://www.meity.gov.in/writereaddata/files/white_paper_on_data_protection_in_india_171127_final_v2.pdf.
[4]Xynou, M. (n.d.). Policy Recommendations for Surveillance Law in India and an Analysis of Legal Provisions on Surveillance in India and the Necessary & Proportionate Principles. [online] Available at: https://cis-india.org/internet-governance/blog/policy-recommendations-for-surveillance-law-in-india-and-analysis-of-legal-provisions-on-surveillance-in-india-and-the-necessary-and-proportionate-principles.pdf [Accessed 17 Dec. 2024].
[5]Shekhar, K. and Mehta, S. (2022). The state of surveillance in India: National security at the cost of privacy? [online] orfonline.org. Available at: https://www.orfonline.org/expert-speak/the-state-of-surveillance-in-india[Accessed 17 Dec. 2024].
[6] Parliament of India. (2023). Digital Personal Data Protection Act, 2023. Act No. 22 of 2023. Assented to on 11 August 2023. Available at: https://www.meity.gov.in/writereaddata/files/Digital%20Personal%20Data%20Protection%20Act%202023.pdf [Accessed 17 Dec. 2024]
[7]Mahapatra, D.S. (2021). Digital Surveillance and the Threat to Civil Liberties in India. [online] www.giga-hamburg.de. Available at: https://www.giga-hamburg.de/en/publications/giga-focus/digital-surveillance-and-the-threat-to-civil-liberties-in-india. [Accessed 13 Dec. 2024]
[8]Asifullah Samim, Edris, M. and Shanaz (2023). Navigating Data Protection in India: Key Laws and Regulations for Protecting Personal Information. ResearchGate, [online] 3(2), pp.14–20. https://www.researchgate.net/publication/370893864_Navigating_Data_Protection_in_India_Key_Laws_and_Regulations_for_Protecting_Personal_Information [Accessed 15 Dec. 2024]