Abstract

The assimilation of artificial intelligence (AI) into the Indian criminal justice system through judicial assistance tool, algorithmic policing and facial recognition technology makes a transformative shift in governance while these innovative advancement have potential of efficiency and data driven they also bring forth a risk of algorithmic bias, which perpetuate algorithmic framework and intensify social inequality embedded in historical data. This paper examine the constitutional outcome of such biasness within India, which will evaluate application of “AI in law enforcement” and adjudication is subject to scrutiny under “Article 14 (Right to equality) and Article 21 (Right to life and personal liberty) of the Indian constitution”. This study points out the points on topic which are need to safeguard in India. Such as case study on the use of facial recognition by Delhi police during the protest and the implementation of the Supreme Court SUPACE system illustrates both the opportunities and challenges posed by Artificial Intelligence (AI) in judicial decision. This paper points out that without statutory regulation , algorithmic accountability and transparency , it will be a risk to Indian constitutional values and its justice system, it concludes by giving suggestion or ideas for proper framework for Artificial Intelligence (AI) governance that balance innovation with justice and fundamental rights.

Keywords- Artificial Intelligence (AI), law, governance, right, constitutional and etc.

1. INTRODUCTION

In today’s developing world use of technology and artificial intelligence (AI) is increased all over the world and as well as on the Indian criminal justice system by implicating automated facial recognition, algorithmic policing and judicial assistance tool such as supreme court SUPACE, By implementing this technology and Artificial Intelligence (AI) it means to promote transparency, enhance efficiency and access to justice. However this implementation or this development also raise concern about accountability, fairness and constitutional validity. A core concern is algorithmic bias system where AI generated system are making error that mirror or magnify existing inequality embedded in past dataset and practices.[1]

In India there are same incident have emerged which have issue of algorithmic bias like algorithmic policing based on data that may affect class, caste or communal biases, or use of facial recognition byDelhi police during protest. These technologies remain unmonitoreditmayharmfundamentalright, particularly“Article 14 and Article 21 of the Indian constitution”.

This paper will examine the challenges posed by algorithmic bias in the Indian criminal justice system. It debate that the use of it should have fairness and done with the due process of law and argues that it should have proper framework with right based regulatory body and have transparency and accountability.

[1] Pasquale FA, The Black Box Society: The Secret Algorithms That Control Money and Information121 (Harvard University Press 2015).