Introduction

The parliament has introduced three new criminal laws to overhaul the Indian criminal justice system. The laws came into effect from July 1, 2024. The Bhartiya Nyaya Sanhita (BNS), the  Bhartiya Nagrik Suraksha Sanhita(BNSS), and the Bhartiya Sakshya Adhiniyam have replaced the Indian Penal Code,1860, The Code of Criminal Procedure,1973, and the Indian Evidence Act, 1872 respectively. The objective of these new laws is to protect and safeguard the rights of the citizens and provide justice to the victims.

Society is evolving, and the world is moving towards digitization. The new criminal laws are greatly aided by technology. The focus is on using technology in all stages from the investigation to the trial stage of a criminal act.

Digital transformation in the light of new criminal laws-

Bhartiya Nagrik Sanhita, 2023

Cybercrime as an organised crime-

Cybercrime is classified as an organised crime under the new criminal law. An Organised Crime is defined as illegal activities committed and organised by a structured group containing powerful individuals. The introduction of cybercrime is a consequence of the digitization of society. Strict rules were needed to curb the misuse of digital media.

Bhartiya Nagrik Suraksha Sanhita, 2023

Trial and proceedings through electronic means-

Electronic communication, which includes mobiles, computers, or telephones, will be used for court proceedings. The trial and proceedings will be conducted via electronic communication or audio-video.

Signature and finger impressions-

The act provides finger impressions and voice samples. A person, including an accused person, can give specimen signatures or finger impressions if the Magistrate is satisfied that it is expedient to do so for any investigation or proceedings.

Bhartiya Sakshya Adhiniyam, 2023

Admissibility of electronic or digital records –

The electronic or digital record will be admissible and have the same legal effect, validity, and enforceability as paper records. The scope of electronic records has expanded, and now it will include information stored in semiconductor memory or any communication devices. Record emails, server logs, smartphones, locational evidence, and voicemails will also be included.

Oral evidence–

Any information given electronically will be considered as oral evidence. Oral evidence under the act includes statements made before courts by witnesses about a fact under inquiry

Issues

The digital transformation in new criminal laws has tremendous potential to transform the Indian justice system, but some concerns still exist. The Chief Justice of India D.Y Chandrachud on the 20th DP Kohli memorial lecture in the memory of the founding director of the CBI addressed two concerns regarding digital transformation, firstly,  the part of the society not well-versed with the internet and technology may be excluded. The equal distribution of digitisation is the need of the moment. Secondly,  basic operations such as filing FIRs, tracking events, and transparency of the procedure need special attention.

The e-committee of the Supreme Court has recently developed a virtual court model, in which speech can be converted into text when operated as a pilot project. Such developments are tremendous and should be encouraged.

To prevent the misuse of Artificial Intelligence and safeguard the privacy of individuals, clear guidelines and directions should be formulated.

The Personnel who operate the system should be trained to handle the digitised system. They should get familiar with the rapid changes in the process.

Synchronisation between investigation and court procedure can ensure efficiency and smooth functioning of the procedure.

Conclusion

In conclusion, digital transformation is crucial for the contemporary world. It is crucial for the efficiency, transparency, and growth of the Indian criminal justice. The digitisation will ensure that court proceedings are conducted in organised manner and the cases are disposed of in time. As a result, the burden of the Indian judiciary will be reduced. However, with these merits comes great responsibility to ensure that there is no misuse of such digitisation and that the privacy of individuals is maintained.

References–

1. Bharatiya Suraksha Sanhita, 2023, No.45, Acts of Parliament, 2023 (India)
2. Bharatiya Nagarik Suraksha Sanhita, 2023, No. 46, Acts of Parliament, 2023 (India)
3. Bharatiya Sakshya Adhiniyam , 2023, No. 47, Acts of Parliament, 2023 (India)
4. “The Bhartiya Nyay Sanhita 2023 Summary” PRS Legislative Research
   https://prsindia.org/billtrack/the-bharatiya-nyaya-sanhita-2023
5. “The Bhartiya Nagrik Suraksha Sanhita 2023 Summary”  PRS Legislative Research
   https://prsindia.org/billtrack/the-bharatiya-nagarik-suraksha-sanhita-2023
6. “The Bhartiya Sakshya Adhiniyam 2023 Summary” PRS Legislative Research
   https://prsindia.org/billtrack/prs-products/update-on-the-bill.
7. “Integration of technology into criminal justice system requires careful consideration:     CJI” The Hindu (April 02, 2024, 12:52 am IST)
   https://www.thehindu.com/news/national/interplay-between-law-and-technology-can-en    sure-criminal-justice-reform-cji/article68017343.ece