This article is written by Shreya Goyal of NIMS University, Jaipur. This article discusses the effects of the new criminal laws and its possible operational challenges.
The nature of crime in the modern world has evolved and transformed with the rising application of digital technology, online platforms, and artificially intelligent systems. Criminal acts are no longer localized as they involve now crimes like cyber fraud, identity theft, online impersonation, data breach, and crimes through technology. These advancements have posed severe problems to the conventional criminal justice system which was largely modeled to handle physical crimes and direct evidence.
It has long been believed in India that criminal laws from the colonial era were inadequate to handle contemporary forensic and cyber issues. To avoid these limitations, the IPC and CrPC and the Indian Evidence Act were superseded by three new criminal laws – the Bharatiya Nyaya Sanhita, 2023, the Bharatiya Nagarik Suraksha Sanhita, 2023, and the Bharatiya Sakshya Adhiniyam, 2023. One of the main objectives of these reforms is the strengthening of utilizing digital and forensic evidence in criminal cases and trials.
Moving Towards Criminal Justice that is Forensic in Nature
One of the main characteristics of the new criminal codes is the enhanced usage of forensic science. The criminal process of the previous legal system was mostly reliant on the verbal testimony and confessions, which could easily be inaccurate, coerced, and error-prone. The BNSS represents the move in favor of a more scientific method, by requiring serious crimes, especially with serious consequences, to be investigated by a forensic means.
In legal cases, the accuracy and objectivity of criminal trials are enhanced through the use of forensic evidence like DNA tests, fingerprint identification, ballistics tests, and digital forensics. The forensic science plays a significant role in the investigation of cyber and technology related crimes as it could be employed to leave the digital traces, analyze electronic tools, retrieve the deleted information, and connect the criminal to the offence. Since more and more judges have started to depend on forensic reports, more people will be convicted on basis of sound scientific evidence and not speculations and fewer wrong acquittals will be made.
The Bharatiya Sakshya Adhiniyam, 2023, by expressly recognizing electronic records as primary evidence with the requisite safeguards, is an important change in evidence law. In the previous legal system, digital evidence was often considered as secondary evidence, and this created complex procedural issues, and often an argument over whether it was certified, authentic, and admissible. The new law makes this stance more straightforward by formally accepting digital documents, call detail records, CCTV footage, social media communications, cloud-based data, server logs, and emails as crucial elements of evidence. This change should help reduce the time wasted in the process as well as prevent the denial of cases based on technical reasons that are otherwise valid, particularly in the case of cyber law where the case brought against the perpetrator is founded on computer data.
Impact on Cyber Law Trials
This is because the new developments in criminal codes are likely to create a major effect in cyber law cases. Cybercrimes are complicated by nature because of the involvement of sophisticated technological resources, cross-border dealings and in most cases anonymous criminals. The BNS also revises crimes concerning identity theft, cyber fraud, digital impersonation, and online deception to make them more appropriate to current crime.
The BNSS leads investigators to recruit cyber forensics experts at the very beginning. In that manner, they will collect and process the digital evidence in the proper manner- according to the rule and not breaking the law. They reduced the probability of the evidence being thrown out in court by adhering to the chain of custody, making up proper forensic copies and handling devices with care. Cyber law trials are better organized, have strong evidence, and actually result.
Virtual Evidence and Trials with Technology
The new criminal code in Canada allows now the courts to deal with cases using the latest technology- imagine we are talking about electronic submission of documents, electronic records and even the use of video calls to witness the case. It is a giant stride into the way the justice system handles crime in the contemporary world. This technology does not only simplify tasks, but it accelerates the whole process particularly in cases of cybercrimes whereby individuals may be located all over Canada, or even in foreign countries.
Infrastructure and Institutional Problems
The newly created criminal laws are also expected to make it fairer and progressive, but that will only be possible in case the system itself can translate the newly created laws into action. In India, the number of trained forensic specialists or properly outfitted laboratories is simply not available. Justice is delayed and prosecuted in case the forensic analysis is too long. It is a huge issue, particularly because the contemporary criminal justice is meant to be fast and efficient.
There is also another snag, the labs do not have the same procedures. The report provided by one lab may not be similar to that provided by another due to lazy practices, old fashioned equipment or simply a lack of experience. That leaves the accused individuals open to contest evidence in court. The lack of proper accreditation or quality inspections make the forensic evidence begin to appear wobbly.
Eventually, these new laws and most importantly the laws focused on addressing cybercrime will not be effective unless there is actual investment in the forensic infrastructure. The system should have an improved laboratory, personnel, and a means to ensure that everyone is working to the same level. In its absence, the commitment to enhance justice simply goes dead.
Privacy and Constitutional Protection.
With the increasing importance of digital evidence, individuals begin to be concerned with the privacy and civil liberties. Cyber investigations also usually imply probing into confidential information, following the activities of individuals through online means or even hacking into their personal gadgets. Admittedly, these measures can assist in resolving cases, yet the investigators still have to act in accordance with the guidelines established by the Constitution.
Article 21 of the Constitution of India indicates that privacy is a fundamental right in which any exercise of an investigative power must be fair, reasonable, and open. Courts have got a large task here; they must see that the government is not allowed to run over the rights of the individuals in the course of enforcing the laws. Judicial system should provide tight control and allow due process so as to prevent abuse of forensic or cyber investigation.
New Competencies: Deep fakes and Artificial Intelligence
Technology continues to advance and so do the issues particularly within the area of forensic and cyber law. Automated cyberattacks, deep fakes, and AI-generated videos and audio have become a reality now. In a flash courts can hardly know what is real and fake. It is up to the judges and lawyers to determine whether the evidence they are examining is authentic or simply good work.
They are unable to maintain this without being learner-needs-to-learn all the time. Judges, prosecutors, attorneys- them all require frequent training on these new gadgets and tricks or they will be left behind. Law and procedures have to expand along with technology. Otherwise, justice begins to slip its grasp and the system would be tricked by the very means by which it is meant to check.
Conclusion
India has recently made a massive stride towards the modernization of its criminal justice system by implementing new criminal codes. The new legislation actually understands the dynamics of crime at present-day- they place the emphasis on the forensic science and computer-based evidence in investigations and trials. This move prepares forensic and cyber law cases to be more powerful in the future by bending towards scientific accuracy, speed, and technology.
Frequently Asked questions
What do the new criminal laws mean to cases of cyber-law?
India has made a huge stride in reforming the criminal justice system by introducing new criminal codes. The new laws actually acknowledge the current mode of crime operation, that is, they shed light on forensic science and computer-based evidence during investigations and trials. This transformation positions forensic and cyber law cases favourably in the future because of its inclination towards scientific precision, pace, and technology.
What is the enhancement of the rules of evidence in the Indian Evidence Act and procedures?
The new Evidence Act determines the legal position of electronic records; there is a reduction in the number of delays due to procedural objections to the use of electronic records.
Is forensic evidence to substitute oral testimony?
No. Criminal prosecution requires both of this evidence, but forensic evidence gives scientific credibility to the first testimony.
What are the obstacles to the adoption of forensic-based trials?
Deficiency of forensic infrastructure, poor availability of qualified professionals, inconsistency in standards and delay in delivery of forensic reports are obstacles to carrying out forensic trials.
New laws will protect the privacy rights of citizens appropriately?
There needs to be a judicial check to make sure that the right of the citizens to privacy will not be infringed during investigation under the new legislations as well as to make sure that the constitutional right of the privacy of the individual citizen is acknowledged and observed by the judicial members in adjudicating the case under the new codes.
References
https://www.mha.gov.in/en/commoncontent/new-criminal-laws
https://www.mha.gov.in/sites/default/files/2024-04/250884english010420240.pdf
https://www.mha.gov.in/sites/default/files/2024-04/250883english010420240.pdf
https://www.mha.gov.in/sites/default/files/2024-04/250882english01042024_0.pdf
https://lawcommissionofindia.nic.in
https://www.unesco.org/en/articles/exploring-impact-virtual-and-augmented-reality-courts
