ARTIFICIAL INTELLIGENCE IN CRIMINAL JUSTICE: OPPORTUNITIES, LEGAL CHALLENGES AND REGULATORY RESPONSES

Artificial Intelligence (AI) has been one of the most significant developments experienced in recent technological innovations with a wide range of impacts being felt in various aspects of commerce and society. One of the areas that have witnessed the use of AI technology significantly is the criminal justice system. AI is being utilised in the criminal justice system to improve decision-making, investigative procedures, judicial administration and to optimise the allocation of resources. While there are multiple benefits that the utilisation of AI can confer, there are several constitutional, legal and ethical issues associated with the use of artificial intelligence. In India, the lack of a law regulating the use of AI in criminal justice system necessitates a balancing approach in regulation that protects the fundamental rights of individuals, at the same time promotes technological development. The paper seeks to analyse the utilisation of artificial intelligence throughout the criminal justice process, focusing on both the opportunities that arise from using AI and challenges posed by the implementation of the technology. Using the doctrinal and comparative legal research methodology, the study analyses the constitutional provisions, statutory framework, judicial precedents, policy documents and international regulation of AI in criminal justice system, focusing on India, European Union, United States and the United Kingdom. The paper argues that AI should act only as an assistive technology and that there should be a rights-based framework of regulation of the technology, which relies on principles of transparency, accountability, human involvement and constitutional values.