ABSTRACT
Technology is the need of today’s dynamic world where crime rate is been increasing hour by hour or minute by minute. Investigation for such crimes requires dynamicity as well with the present scenario in order to bring the matter to serve justice, freely and fairly.
The agencies whether it be NIA, CBI or local authorities like Police must head up with the use of technology in their investigation for speedy disposal of cases. Regardless the nature of crime, the use technology in investigation process has resulted in effective results. Evolution of cybercrimes has led to pay more emphasis on using technology in order to investigate the same. This paper explores the transformative impact of digital technology on criminal investigation. The paper discuss about various tools and techniques which involves social media, forensics, AI and also about its application in investigation of crime . It also highlights the challenges and problems faced on relying on digital technology. The research concludes by the essence of technology added up in new laws and the need to adapt such changes by the law enforcement officials followed up with the strategies.
KEYWORDS
Criminal Investigation, Digital Trends, Law enforcement officers, Technological Dynamics
INTRODUCTION
Technology is omnipresent in today’s world. The progress of this scientifically approved approach can be seen in our daily life whether it be in our home, office, malls etc. Use of technology makes our work simpler and more efficient.
Use of technology has been rapidly growing and evolving day by day making life simpler.
Legal implication of technology is the most vital component for the investigations of authorities for the settlement of the cases.
With the advancement in technology, crimes are also getting advanced in terms of technology which we call as cyber-crimes like hacking, phishing, spoofing etc.
The information and communication technology plays a vital role in enforcing the law by combing information technology for data preservation and technical support required to conduct investigation. Technology is also been used for collecting evidences by the authorities for presenting before the court.
RESEARCH METHODOLOGY
The paper is descriptive in nature and the data is derived from secondary sources for the analysis of application of technology for the investigation of crimes. The source of derivation includes articles and reports from websites and journals published by the experts in field of Law.
REVIEW OF LITERATURE
The review provides for the details which are been included in the document to give thorough and correct information about the usage of technological methods in the criminal investigation process.So far, the document covers various points including roles, advantages and disadvantages, and challenges in the sector of technology. It mainly targets the digital trends followed in India for crime investigation by the law enforcement officials and various departments. Howthe new laws areeffective and what impact they have on technology and its association with the crime investigation is been discussed.
METHOD
I-Implication of modern technology
The usage of technology for investigation purpose is a vital source of collecting evidence for the case. The use of Closed Circuit Television (CCTV) enables the investigation authorities to collect the evidence from the place where the crime is been committed. This technology is widely accepted by the officials for the speedy transactions of investigation, thus it helps in reducing the burden of the officials. There is a misconception that forensics is limited to only laboratories. Forensics are of great assistance while understanding the circumstances of death and collecting evidence. In the same way, digital forensics examines electronic evidence collected in the process of investigation. Both aspects of forensic involve a lot of technology for accurate results. These are useful not only in criminal matters but also in an internal investigation in civil matters as well.
Some of the technologies used are:
Database of the authorities – The law enforcement officials have an expansive database available with them which includes DNA, fingerprints, criminal backgrounds etc.
Facial Recognition Technology –A facial recognition system helps in identifying a human by comparing it with data available with the database of officials. Such data is useful when the officials had to identify a person whose face is been captured in a video or photo either recorded by CCTV or from any other source.
Rapid Recognition Technology – A rapid recognition technology involves data of the fingerprints or biometrics used for criminal investigation which the law enforcement officials might have found from the crime scene.
Telecommunication tracking- A cell phone is been widely used by everyone. The network providers have a record of their subscribers or customers which enables the officials to track the activity of a suspect. Cellphone tapping helps the investigator to get access to the message and call history of a suspect.
Navigating Technology- In order to know the exact location of any suspect, the usage of Global Positioning System (GPS) plays a vital role. It helps in locating such person who is a part of investigation and is suspect of any crime.
Predictive Policing- Predictive policing refers to predictive measures or analytical approach taken by the government or officials to spot a criminal misconduct. Such techniques are helpful analysing the place where a suspect usually can be spotted and thus helpful in preventing him/her from escaping and avoiding future crimes of similar nature.
Some examples of predictive policing are:
- Delhi’s CMAP(Crime Mapping Analytics and Predictive System) – this system helps in gathering information from the satellites operated by Indian Space Research Organisation, refreshing at every 3 minutes.
- Hyderabad’s Integrated People Information Hub- in order to keep a check on habitual offenders or suspects, records are been maintained by police which includes biometrics, passport details, address etc.
- PredPol of the U.S is an example of the effective use of predictive policing in law enforcement makes forecasts using a machine-learning system. The three data points – the Crime type, crime location, and crime date/time are utilized in the prediction calculation of the crime. PredPol manages patrol operations using a data-driven strategy.
- The mission of Europol, the law enforcement arm of the EU, is to make Europe safer by supporting national law enforcement organisations in EU member states. One hundred of Europe’s best-trained criminal analysts work with Europol.
All the above methods are the outcomes from the evolution of Criminal Justice Technology which involves application of all the discussed technologies in tracking and investigating crimes in modern world.
Does technological application during investigation ensures fair trial with regards to criminal matters?
Justice can only be achieved when every citizen is well versed about the rights that they hold with them. It is important to achieve balance between the use of technology and the rights of the people in order to provide fair justice.
Technology helps in removing distance barriers as well if in case a suspect or the party to the case is living far away (usually an NRI) and is unable to present physically, have the privilege to present in front of the court by the help of video conferencing, thus giving him fair opportunity of being heard.
II-AI as a modern tool
Artificial Intelligence is the new emerging topic of today’s modern world of technology. The usage of AI software is rapidly getting vast popularity even the scope of criminal investigation.
Investigation technologies, whether it isfacial recognition, biometric or any other, are now supported by AI for speeding up the process two times faster. Areas where crime rates are at peak, law enforcement officials with help of AI generated map make surveillance of the area.
Technological aspects in the New Laws
Recently, the Indian Justice System showed up a sudden change by introducing three new law, The BhartiyaNyayaSanhita (BNS), BhartiyaNagarikSurakshaSanhita (BNSS) and BhartiyaSakshyaAdhiniyam (BSA), that came into effect from July 01, 2024 thus replacing an age old laws i.e. Indian Penal Code (IPC), Criminal Procedure Code (CrPC) and Indian Evidence Act respectively.
The new laws have amended various sections and also introduced various new sections and included major crimes that were previously not been recognised by the old laws. Mainly, the new laws focus on technology and forensics. There will use of technology from the initial level of crime investigation to every stage wherever needed and necessary. The main motive of such step is to modernise the process of investigation of crime and for the speedy disposal of cases for the sake of Justice.
From mandating the inclusion of audio and video recording in the procedure of search and seizure to give a nod to the establishment of National Forensic Sciences University (NFSU) and Central Forensic Science Laboratories, for paving new route to Forensics, the new laws took a positive step for modernisation of crime investigation. “The most significant change in BSA, earlier IEA, is the introduction of evidentiary nature and admissibility of electronic evidence. The proposed changes include expansion of the definition of primary evidence to include copies of electronic or digital files and admissibility of electronic records,” as per MHA officials. Clause 63 BSA provides a specific procedure for the admissibility of electronic records while clause 2(d) of BSA defines documents to also include ‘electronic or digital records’
(Clause 105, BNSS) In order to maintain transparency in the fabrication of evidences during the procedure of search and seizure, audio-video recording has to be submitted to the District Magistrate, Sub-divisional Magistrate, or Judicial Magistrate of First Class.
(Clause 176(3)) In order to maintain transparency during the procedure of collection of forensic evidences, videography of aforesaid evidences is required for the sake of accountability and to prevent fraudulent malpractices.
With digitising the various aspects of new laws the Hon’ble Chief Justice of India D.Y. Chandrachud said that in the era of digital transformation, the interplay between law and technology can result in better crime detection and also ensure criminal justice reform. The CBI can be upgraded by reassessing the challenges of our changing times and by making structural reforms in the CBI.
The introduction of Network for Evidence Tracing, Research and Analysis (NETRA) Lab boosts up the ability of CBI to analyse electronic evidence, including mobile devices, cloud storage, etc. which would directly contribute in expedition of investigation procedure.
III- Pros and Cons of technological application in Criminal Investigation Technology made everything simpler and easier. Provided that the usage of technology while investigating a crime helps the law enforcement officers to collect evidences against the suspect without any hassle and thus helping them to put the matter before the court effectively. This could help the aggrieved to get justice speedily without any delay. But just like a coin, this too have two sides, one with advantages and the other having disadvantages. 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.
Advantages:
- Technology made it easier for the law enforcement officials to conduct the investigation speedily and to present the matter in the court effectively.
- The burden of manual work has been reduced by the help technology.
- States have introduced their own applications operated through mobile phones with the help of which the general public gets in direct touch with the officers and can report their claims directly in one touch.
- With the help of technology, one could now record or capture any unlawful misconduct done by the other person which helps as an evidence and is hard to contradict as it provides a tough base for proving someone guilty or not.
- The mysterious cases that involve biological aspects are now can be easily solved with the help of DNA profiling and effective forensic techniques.
- The camera surveillance and the predictive policing techniques help in determining the area where possibility of occurrence of crime is more.
- Trials conducted by the court through means of video conferencing helps the parties to proceed without physically attending the proceedings of court. 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, such as 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.
Disadvantages:
- Beside of several advantages, technology also has some disadvantages and the most common one is privacy infringement of the general public. As a source of information the database which is been shared by the network operating companies is easily available for the hackers to hack this leads to violation of privacy.
- We have always heard that “modern problems require modern solutions” this statement has a vice-versa effect when it comes to technology. With technology as modern solution there come several modern problems which are directly affiliated with technology. Such problems are called cyber-crimein criminology.
- Technology is fully man made and is also operated by man itself. Therefore they can amend it in the way they want to. The motive behind such amendment can be lawful or unlawful both. Therefore risk of misuse of technology is always there which raises the question about its reliability. 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.
- The illiterate or the one who fails to pace up with the dynamicity of technology always find it hard to use. The dynamic nature of technology affects such people from getting well versed with the trends followed by the latest technology.
- Technology is popularised by its mobility, but it lacks in availability. In most backward areas the law enforcement officers mainly the police resist from using this technology either due to lack of availability or due they are habitual of the traditional methods of investigation.
IV- The limitation that comes with advancement.
Technology is showing rapid growth in various sectors. The evolving technology is enabling every individual to do their work effectively and efficiently. The new laws also favour the use of technology and provide a proper framework for its usage. But there are several challenges that can be faced ahead. Technological advancements sets up certain demand for its users to grow in the same manner the way it is growing then only it can used in the desired manner for which it is designed. The regional disparities have led to unavailability of technology to people in rural areas thus exemptingthem to use or hardly get to know about it. The lack of availability of internet in rural areas often disables the authorities to make the most out of technologies. Poverty and illiteracy mainly acts as a barrier for understanding the present trends in technology. The generation gap often disables some people from using technology and therefore goes with the traditional methods. Lack of training to law enforcement officers usually increases the technological gap which ultimately prevents the officers to adequately use technology while conducting investigation.
The complexions faced in the usage of technology often barriers the officials to follow the old traditional methods rather than learning the new trends. Lack of awareness among the officials about what are the digital trends followed in the criminal investigations which often result in ignorance about technology. Though we are available with plenty of resources but far off we don’t have much advanced technology that can be used in crime investigation. Digital evidences can be easily tampered as they are manmade therefore it becomes hard believe the integrity of evidences as there is chance of manipulation.
SUGGESTION
Technology has shown plethora of advancements in recent times and still getting better and vast day by day. Crimes and criminals are getting activated. Here the use of technology becomes a vital necessity in order terminate any future casualties. But in vast scenarios we are lacking to make the most out of technology. These challenges are needed to be faced and shall have to be overcome. By educating people mainly law enforcement authorities and officials in the streams of technologies and making them aware of the powers they could attain while applying these technological weapons in solving cases with advanced investigation methods.
Just like western countries we do not have integrated systems equipped with themselves which helps them to dispose the matters sure shortly. All state government have different technology of themselves in India. Therefore there is a need of centralised integrated system. Training officials at regular intervals would help them acquire command over the technologies that could be used in investigations. Every department mainly the police station should appoint an official who could help the staff officials in solving queries.
The generation gap is always been a problem in understanding the technological trends. Helping them out with giving them knowledge about the technological tactics would probably result in filling of this gap. Privacy concerns in digital trends is always been a spot of attention keeping in view with the increasing cyber-crimes and scams. There is a need of confidentiality to be maintained to avoid such malpractices.
AI is a powerful weapon which is been used by criminals to initiate AI crimes. AI regulations must be strictly amended in order put stoppage to such crimes. Tying up with MNCs in order to bring latest technology to our country which could help in enhance investigation procedure and to claim speedy and fair justice.
CONCLUSION
Technology is the need of the present times to keep up with the evolving digital trends. Evolution in technology and its usage have resulted in reduction of human force and lightened up the burden. Use of technology in criminal investigations has proven effective in every aspect from the start till the end. It is necessary for the law enforcement officers to get well known with the techniques and methods and it is the responsibility of state to train such personals in the application of methods in investigating crime. Proper legislations has to be made in order to avoid misuse of technology and ensure that it is been used ethically which would develop a sense of trust in the digitalisation of crime investigation. Conducting criminal investigation is done efficiently through technology, even though there are certain difficulties. Technologies have digitalized data reducing manual labor and retrieve older files and criminal’s history. Criminal investigative process is more transparent in recent days and complaints can be handled rapidly, as the technology aids law enforcement. The key is to upgrade technology and use them properly with due care.