AI IN CRIMINAL JUSTICE SYSTEM: TRANSFORMING THE FATE OF UNDER-TRIAL PRISONERS IN INDIA
By Upasna Priya*
ABSTRACT
The rapid expansion of technology in the twenty-first century has ushered in an era in which Artificial Intelligence (AI) stands as a revolutionary force, transforming the very fabric of our daily lives. AI has become an essential component of the modern global scene, from improving industry efficiency to transforming healthcare, education, and communication. Its importance is not limited to a few industries; rather, it pervades all aspects of society, influencing how we work, interact, and negotiate the complexity of the modern world. This Article investigates the revolutionary potential of Artificial Intelligence (AI) in addressing the issues confronting under-trial detainees in India's criminal justice system. The report dives into current concerns such as overcrowding in jails, case backlogs, and delayed legal proceedings, highlighting the urgent need for innovative solutions. The Article intends to highlight how AI technologies might help to a more equitable and efficient criminal justice system by examining the application of AI in data-driven case management, predictive policing, risk assessment, and enhanced access to legal aid. Ethical considerations and protections are also highlighted along with the human rights implications to guarantee that AI integration is consistent with justice and human rights ideals. This research contributes to the ongoing debate on criminal justice reform by conducting a thorough examination.
Keywords: Artificial Intelligence (AI), Under-Trials, Data-driven Case Management, Predictive Policing, Risk Assessment etc.
I. INTRODUCTION
Under-trial prisoners refer to persons who have been arrested and are awaiting trial or the resolution of their case in a court of law. These individuals have not been convicted of a crime, and they are presumed innocent until proven guilty. A preliminary examination[1] by the National Human Rights Commission has disclosed the appalling nature of the problem posed by the pressure of a large number of undertrial prisoners in Indian jails and the inordinate delay in the conclusion of the trial.
“The consequences of pre-trial detention are grave. Defendants presumed innocent are subjected to the psychological and physical deprivations of jail life, usually under more onerous conditions than are imposed on convicted defendants. The jailed defendant loses his job if he is prevented from contributing to the preparation of his defence. Equally important, the burden of his detention frequently falls heavily on the innocent members of his family.”[2]
As per NCRB’s latest data[3] , more than three-fourths of India’s jail inmates are undertrial prisoners. The Supreme Court has directed[4] the National Legal Services Authorities (NALSA) to coordinate with state authorities and the home ministry to establish undertrial review committees, comprising the District Judge, the District Magistrate and the Superintendent of Police in all districts of the country. The duty of the committees is to ruminate and provide recommendations on the release of undertrial prisoners entitled to the benefit of Section 436A of the Criminal Procedure Code[5] (hereinafter referred to as Crpc.). For the past two decades, there have been widespread efforts to decongest Indian prisons and reduce the undertrial population.
The convergence of AI and criminal justice promises a revolutionary frontier with the potential to modify the fates of people caught up in the complexity of judicial systems. In the context of India, where issues with the criminal justice system, particularly those involving under-trial convicts, have long been a source of concern, the incorporation of AI appears to be a ray of hope. Overcrowding in prisons, lengthy case delays, and limited access to justice are all systemic concerns that require creative solutions.
Artificial Intelligence (AI) has been a game-changer in the field of criminal justice, offering previously unheard-of possibilities to improve the fairness of court cases and address systemic problems. The possibility that this change will change the course of events for Indian prisoners awaiting trial is a crucial one. The situation of under-trials has long been an issue, with several difficulties stemming from overcrowded jails and protracted judicial proceedings.
The stark reality of overcrowded prisons and delayed trials has generated an urgent need for substantial criminal justice reform in India. In this environment, AI presents itself as a technology capable of not only tackling logistical issues but also instilling efficiency, fairness, and a renewed commitment to human rights in the legal process.
We navigate the diverse environment of data-driven case management, predictive policing, risk assessment, and increased access to legal aid as we investigate the revolutionary potential of AI inside the criminal justice framework. These AI applications promise not only to speed up judicial proceedings, but also to develop a more egalitarian and accessible justice system for prisoners awaiting trial.[6]
This shift, however, is not without ethical implications. The use of artificial intelligence in criminal justice necessitates a difficult balance between technical innovation and safeguarding against biases and violations of individual rights. It is critical to guarantee that new technologies preserve the concepts of fairness, transparency, and accountability in the pursuit of efficiency.
II. UNDER-TRIALS AND THEIR RIGHTS
Every Indian citizen is entitled to a number of essential rights under the Constitution of India (COI), one of which is the right to a fair trial. This right is protected under Article 21 of the Constitution. This suggests that no one may be imprisoned without first completing the proper legal processes and that everyone has the right to a fair trial.
According to India's Code of Criminal Procedure (also known as the CrPC), an undertrial prisoner has the right to see a magistrate within 24 hours of their incarceration. This is to make sure that the individual is only being held for a lengthy amount of time under appropriate legal supervision.
The individual also has the right to a lawyer and the right to silence when being questioned. Undertrials have a number of legal rights under Indian law.
Some of these rights include:
· The right to a speedy and fair trial.
· The right to be treated with dignity and not be subjected to any form of inhuman treatment.
· The right to legal representation and access to justice.
· The right to be informed about their legal rights, including access to legal aid, procedural safeguards, and bail.
· The right to have regular awareness programs in prisons to ensure that all undertrials are informed about their legal rights.[7]
THE UNDER-TRIAL CONUNDRUM
India faces a significant challenge of managing its undertrial prison population ,where people are held awaiting trial and can endure protracted periods of uncertainty, is a major concern. A plethora of issues that jointly threaten the values of justice, human rights, and the impartial and efficient conduct of legal proceedings characterize this under-trial predicament.
These people's basic rights and dignity are under jeopardy due to overcrowding in prisons, backlogs in court cases, and delays in the judicial system. AI offers a chance to deal with these problems and create a criminal justice system that is fairer and more effective.
Some of the most notable issues faced by the under-trials are as follows:
1. Overcrowding in jails: The undertrial predicament directly leads to overcrowding in jails. Long-term incarceration of those awaiting trial adds a great deal to the burden on prison infrastructure. This has an impact on the living circumstances of prisoners as well as highlighting the need for creative fixes that deal with the underlying reasons of overcrowding. The under trial population comprises 90.66% of the total jail population in Delhi alone.[8] In 2011, Ministry of Home Affairs raised this concern which can be inferred from its public letter to the Principal Secretary (Prison) / Secretary (Home) (In-charge of Prisons) of All State Governments / UTs and the DGs/ IGs in-charge of prisons of All State Governments / UTs.
“Overcrowding undermines the ability of prison systems to meet the basic needs of prisoners, such as healthcare, food, and accommodation. This also endangers the basic rights of prisoners, including the right to have adequate standards of living and the right to the highest attainable standards of physical and mental health. Prison overcrowding brings in its wake a host of serious problems to prison administration. It not only creates security problem but also causes severe strain on the essential services, results in serious health hazards and disrupts penal reformation and rehabilitation programme. In an overcrowded prison segregation of hardened criminals and their separation from mild offenders become impossible. Prison overcrowding compels prisoners to be kept under conditions unacceptable to the United Nations Standard Minimum Rules for treatment of offenders to which India is a signatory.”[9]
2. Delayed Legal Proceedings : Protracted legal procedures cast doubt on the fundamentals of a just and efficient legal system in addition to extending the length of pre-trial confinement. An essential component of justice is the presumption of innocent until proven guilty, which is undermined by the protracted uncertainty. The under-trial dilemma must be addressed in order to move on with delayed legal proceedings. Some of the reasons for delayed proceedings are :
· Shortages of Judges
· Non Service of Summons
· Non Appearance of Police Witness
· Non Production of Undertrials From Jails
· Delay Tactics By Advocates and Accused
· Non Production of Case Property
· Adjournments Because of Magistrate On Leave[10]
3. Restricted Legal Aid Access: The fundamental tenet of legal assistance is that the impoverished should have access to justice and legal remedies. Constitution of India by 42 amendment inserted article 39 A “The state shall secure that the operation of the legal system promotes justice, on the basis of equal opportunity, and shall ,in particular ,provide free legal aid ,by suitable legislation or schemes or in any other way, to ensure that opportunities for securing justice are not denied to any citizen by reason of economic or other disabilities .” For providing free and competent legal services to people from vulnerable sections of society, Legal service authority act ,1987 was enacted. S.C in Khatri v state of Bihar[11] directed magistrates and sessions court judge to inform accused person of their right to free legal representation. to make access to legal aid more effective.
Despite of the above provisions and steps taken, the legal aid is still limited. The difficulties faced by prisoners awaiting trial are made worse by limited legal aid access. Many people are unable to afford legal representation, which makes it more difficult for them to successfully negotiate the legal complexity. For the legal system to be equitable and fair, the gap in legal aid must be closed.
4. Case Backlogs: A crucial component of the under-trial dilemma is the backlog of cases in the court system. A backlog affects those who are awaiting trial by showing inefficiencies in the judicial system. The sheer number of cases frequently exceeds the court system's capability, requiring deliberate actions to expedite procedures and lessen delays brought on by backlogs.
III. AI-DRIVEN SOLUTIONS FOR THE MANAGEMENT OF UNDER-TRIALS
1. Data-Driven Case Management
In the criminal justice system, artificial intelligence (AI) integration in data-driven case management has proven to be a potent tool, especially when it comes to resolving the issues that undertrial offenders confront. This novel strategy completely changes the way legal matters are handled by utilizing AI's capacity to process, analyse, and manage enormous volumes of legal data. The following are some ways that AI-powered data-driven case management helps to effectively manage convicts awaiting trial:
ü Effective Case Prioritization: AI systems are very good at examining past court records to find trends and gauge how complicated a case is. AI helps attorneys concentrate their efforts where they are most needed by ranking cases according to their features and urgency. This effectiveness is especially useful for handling the backlog of cases awaiting trial.
ü Reduction of Case Backlogs: The backlog of cases, which contributes to protracted pre-trial detention, is one of the main issues with the under-trial predicament. This problem can be methodically solved with AI-driven case management, which automates repetitive operations, speeds up document processing, and anticipates possible bottlenecks. As a result, fewer cases are backlogged and the system processes cases more quickly.
ü Optimized Resource Allocation: The legal system's resource allocation can be made more efficient thanks to AI's capacity to evaluate data. Artificial Intelligence helps to allocate resources, such as legal personnel and court time, where they are most needed by detecting areas of high case complexity or frequent delays. This focused distribution guarantees a more efficient use of resources, resulting in better prisoner management for those awaiting trial.[12]
ü Customized Legal Strategies: Attorneys can approach each case with a more strategic and individualised strategy thanks to AI's data-driven insights. AI can suggest specialized legal strategy for inmates awaiting trial, increasing the possibility of good outcomes and cutting down on needless delays in the legal process by analyzing trends in legal outcomes.
ü Improved Decision-Making: AI systems give legal experts unbiased, fact-based insights into the nuances of a case. Making educated decisions is aided by this, particularly when it comes to pre-trial detention choices. Artificial Intelligence helps ensure just and equitable decision-making by taking into account past data and patterns, so reducing the possibility of biases that could affect convicts awaiting trial.
ü Feedback loops for continuous improvement: AI-powered case management systems have the capacity to learn and change over time. These systems employ feedback loops to enhance their efficacy and accuracy over time. The AI system is always being improved, which benefits lawyers by guaranteeing that it will always be a flexible and adaptable tool for handling inmates awaiting trial.
II. Predictive policing and risk assessment
A cutting-edge use of artificial intelligence (AI) called "predictive policing" makes use of sophisticated algorithms to evaluate data and spot possible criminal conduct. This proactive method seeks to identify places where criminal episodes are more likely to occur, hence improving law enforcement strategies. Although predictive policing has gained prominence for its ability to prevent crime, its influence also extends to other aspects of the criminal justice system, such as the administration of inmates awaiting trial.
How Predictive Policing works?
1.Data Collection: In order to be effective, predictive policing needs a lot of data, including demographic, geographic, and past crime information. Predictions are likely to be more accurate the more complete and varied the dataset is.
2.Data analysis: To find patterns, trends, and connections linked to illegal activity, sophisticated machine learning algorithms examine the gathered data. By identifying temporal and spatial patterns, these algorithms assist law enforcement in predicting crime hotspots and probable times.
3.Prediction Generation: The predictive policing system produces forecasts or predictions based on the analysis. These forecasts could be in the form of hotspot maps that show locations with a higher chance of criminal episodes, behavioural patterns, or trends in criminal activity over time.
4.Resource Allocation: Based on the forecasts, law enforcement organizations strategically distribute their resources. This could entail sending police to high-risk locations at particular times or carrying out focused interventions meant to deter crime. Predictive policing seeks to improve overall law enforcement performance by allocating resources as efficiently as possible.
How Predictive Policing Can Help in Managing Under-Trial Prisoners in India:
ü Proactive Crime Prevention: By aiding in proactive crime prevention, predictive policing may help lower overall crime rates. Consequently, there may be a decrease in the quantity of people entering the criminal justice system, including those who are detained pending trial.
ü Resource Optimization for Investigations:The process of identifying high-risk regions allows law enforcement to optimize resources for investigations. By using a targeted strategy, cases may be resolved more quickly, which could shorten the time undertrial inmates must wait for a resolution.
ü Improved Pre-Trial Detention Risk Assessment: The use of predictive policing to analyze crime data can help make better decisions about pre-trial detention risk assessments. In order to ensure a more data-driven and impartial approach to pre-trial detention, AI algorithms may assist legal experts in evaluating the possible risk posed by certain persons.
ü Resolving Systemic Issues: Predictive policing can identify trends in criminal activity that are associated with systemic problems like resource scarcity or poverty. By addressing the underlying reasons, officials may be able to lower the number of people who join the criminal justice system and lessen the difficulties faced by prisoners who are awaiting trial.
Although predictive policing seems promising, it is important to apply it with an ethical mindset and make sure that any biases in past data are properly taken into account. Furthermore, in the context of managing undertrial detainees in India, openness and accountability in the employment of predictive policing technology are critical to upholding individual rights and preserving public trust.
III. Effective access to Legal Aid:
For Indian prisoners awaiting trial, artificial intelligence (AI) has the potential to significantly improve their access to legal representation. Here are a few ways AI can support this vital component of the criminal justice system:
ü Virtual Legal Assistants: Inmates awaiting trial can receive instant access to legal material from AI-powered virtual legal assistants. These virtual assistants make sure that people have access to vital information by responding to routine legal questions, outlining legal processes, and providing advice on rights and obligations.
ü Automated Document Preparation: Artificial intelligence has the ability to automate the process of preparing legal papers, increasing efficiency and decreasing the need for human labour. Undertrial inmates, who frequently have limited resources, can profit from artificial intelligence (AI) technologies that help produce the legal documents needed for their defense or Court proceedings.
ü Language Translation Services: Due to the country's linguistic diversity, access to legal aid may be hampered by language obstacles in India. Artificial intelligence (AI)-driven language translation systems can help ensure that language barriers do not prevent the delivery of crucial legal aid by facilitating efficient communication between attorneys and undertrial inmates.
ü Chatbots for Legal Information: To offer immediate support, legal aid websites and platforms can implement AI-powered chatbots. These chatbots make legal information more available to prisoners who are awaiting trial by assisting people with understanding their rights, navigating legal procedures, and pointing them toward pertinent legal resources. Predictive Analytics for Legal Trends: By analyzing legal data to spot patterns and prior decisions, artificial intelligence (AI) can assist legal aid organizations in keeping abreast of how the law is evolving. Using predictive analytics to analyze case outcomes and legal strategies, legal practitioners can provide undertrial detainees with more informed guidance.
ü Facilitate Remote Consultations: AI can help undertrial inmates and attorneys have remote consultations. Logistically challenging situations can be avoided when inmates have timely access to legal counsel through video conferencing and secure communication channels rather than in-person meetings.
ü Case Management and Scheduling ; AI-powered case management solutions can help lawyers with arranging court appearances, adhering to deadlines, and monitoring the status of their cases. This guarantees that the cases of convicts awaiting trial are handled effectively, cutting down on delays.
ü Personalized Legal Aid Recommendations: AI systems are able to examine the particulars of each case and make recommendations for tailored legal aid services according to the needs of the client. By customizing their legal aid, undertrial inmates are guaranteed to receive focused support that is appropriate for their particular situation.
ü AI Integration for Legal Aid Hotlines: Legal aid hotlines may effectively manage a large number of calls by utilizing AI integration. Voice recognition software driven by artificial intelligence (AI) can help people with basic questions, classify the type of legal help they need, and connect them with the right legal aid providers.
ü Secure Data Storage and Retrieval: Artificial intelligence (AI) can help create structured, safe data storage systems that make it easier for authorized legal practitioners to access court records and other information pertaining to inmates who are awaiting trial. This makes legal aid more effective.
Legal professionals, IT developers, and legislators must work together to implement these AI-driven solutions in order to assure their ethical usage, eliminate any potential biases, and protect the privacy and rights of prisoners awaiting trial. When AI is used responsibly in legal aid services, it can greatly improve people's access to justice in India's criminal justice system.
IV. ETHICAL CONSIDERATIONS AND SAFEGUARDS IN THE USE OF AI IN THE INDIAN CRIMINAL JUSTICE SYSTEM
It is crucial to navigate this revolutionary journey with a keen awareness of the ethical considerations and safeguards required to ensure fairness, transparency, and the protection of individual rights as the Indian criminal justice system embraces the potential benefits of artificial intelligence (AI). These are important points that need to be noted:
1. Explainability and Transparency:
Consideration: Since AI algorithms frequently function as intricate systems, it might be difficult for anyone to comprehend how they make decisions, especially lawyers and other professionals in the criminal justice system.
Safeguard: The controls that encourage AI algorithms' explainability and openness should be put in place. It should be possible for legal experts and pertinent parties to understand the decision-making process, promoting confidence and trust in technology.
2. Fairness and Bias:
Consideration : It must be noted that AI systems may pick up prejudices from the training data, which could exacerbate and prolong preexisting societal biases.
Safeguard: Check AI systems for biases on a regular basis. When developing, use representative and diverse datasets to reduce the possibility of discriminating results. Clearly define the rules for dealing with bias, and update algorithms often to handle new problems.
3.Privacy Concerns:
Consideration: Using AI frequently entails processing enormous volumes of personal data, which raises privacy issues.
Safeguard: Put in place strong privacy safeguards to protect private data. Make that current data protection regulations are followed, and put strict access controls in place to stop personal data from being misused or shared without authorization.
4. Responsibility and Accountability:
Consideration: It can be difficult to assign blame when AI makes mistakes in choices.
Safeguard : Clearly state who is responsible for what when it comes to AI systems. Provide procedures for handling mistakes, such as open channels for reporting information and remedial actions. Legal systems ought to assign responsibility in a suitable manner.
5.Informed Assent:
Consideration: It should be noted that people who deal with AI systems, particularly in contexts such as risk assessment or predictive policing, could not completely comprehend the effects of the technology on their legal situation.
Safeguard: Make sure people are aware of how artificial intelligence is being used in the criminal justice system. Clearly explain the nature of AI-generated decisions and their possible repercussions. Respect the informed consent guidelines so that people are better equipped to comprehend how AI affects their legal proceedings.
6. Human Monitoring and Assistance:
Consideration: Depending only on AI without human supervision could result in mistakes or unforeseen repercussions.
Safeguard: Keep a strong system of human supervision in place for important decision-making procedures. When necessary, human specialists should have the power to step in, make corrections, or override judgments made by AI. This guarantees a balance between artificial intelligence's efficiency advantages and human actors' skill and moral discernment.
7. Cultural sensitivity and bias mitigation:
Consideration : It must be noted that AI models might not sufficiently take into consideration India's varied cultural and socioeconomic settings.
Safeguard: Give top priority to creating AI systems that are cognizant of India's many cultural and socioeconomic contexts. Continually evaluate and improve algorithms to make sure they take into account regional differences and don't exacerbate already-existing inequalities.
8. Public Awareness and Engagement:
Consideration: The public may become sceptical or concerned if artificial intelligence is used widely in the criminal justice system.
Safeguard: Encourage public participation and understanding of AI applications. Make sure the general public is aware of the role artificial intelligence (AI) plays in the criminal justice system and has a chance to express any concerns by holding frequent outreach events, educational campaigns, and public consultations.
Following these ethical guidelines and precautions is crucial since AI will continue to be a crucial part of the Indian criminal justice system. India's criminal justice system may become more just, equal, and responsible with the careful and open integration of AI and adherence to moral principles.
V. HUMAN RIGHTS IMPLICATIONS OF THE USE OF AI IN UNDER-TRIALS MANAGEMENT
1. Right to Privacy:
Concern: AI systems frequently use a lot of personal data to process judgments or forecasts about people involved in the criminal justice system. This gives rise to worries about possible privacy violations, especially when it comes to sensitive data.
Implication: It's critical to protect the right to privacy. Upholding this fundamental human right requires stringent data protection measures, informed permission, and transparency regarding how AI systems handle personal data.
2. Presumption of Innocence:
Concern: AI techniques that are used in risk assessment and predictive policing, in particular, raise concerns about how they can affect the assumption of innocence pending proof of guilt. These technologies could lead to biased pre-trial detention choices based on predicted results if they are not adequately built.
Implication: The presumption of innocence is a legal premise that must be adhered to by AI systems. Legal experts must have the power to contest or overrule decisions made by AI, and algorithms should be routinely tested for bias.
3. Right to Fair Trial:
Concern: The right to a fair trial may be impacted by AI's participation in case management and legal decision-making. Biased evaluations or incorrect forecasts may provide unfair results, compromising the trial's impartiality.
Implication: The preservation of the right to a fair trial must coexist with the efficiency benefits of artificial intelligence. Important protections include human monitoring, accountability systems, and transparency regarding how AI affects court proceedings.
3. Bias and Non-Discrimination:
Concern: AI algorithms could produce biased results if they inherit biases from past data. This is especially important when it comes to under-trial management because socioeconomic and demographic characteristics might affect how decisions are made.
Implication: It's imperative to make efforts to reduce bias in AI systems. To guarantee that the application of AI does not adversely affect any particular group more than others, frequent audits, a wide range of representative training data, and constant monitoring are required.
5. Access to Legal Representation
Concern: By streamlining legal procedures, AI may replace human intervention in some cases. This, however, raises questions regarding people's rights to legal counsel and support, particularly if AI takes the place of human attorneys.
Implication: The use of AI in legal practice should enhance rather than replace the work of legal experts. People must have substantial access to legal aid, and the application of AI should improve rather than impede people's capacity to successfully traverse the legal system.
6.Right to Information:
Concern: It could be more difficult for people to understand the reasoning behind judgments that impact their legal status if AI-driven decision-making procedures are opaque.
Implication : Openness is essential. AI systems ought to be built with the ability to clearly explain their procedures and results. People ought to be entitled to information regarding how AI affects their cases and choices.
VI. CONCLUSION
The integration of Artificial Intelligence (AI) into the criminal justice system in India signifies a significant paradigm change that has the capacity to reshape the fate of under-trial prisoners This article delves into the various benefits that AI technologies, which include predictive policing and data-driven case management, etc These benefits include process simplification, increased productivity, and the ability to make better decisions. But the transforming path also demands careful navigation and poses important ethical questions.
Preserving the core values and human rights that guide the legal system while utilizing technology innovations for the greater good is a difficult balance that must be struck when integrating AI into under-trial management. The instances studied highlight the necessity of responsible AI deployment, transparency The cases examined both internationally and domestically in India , highlight the necessity of responsible AI deployment, openness, and ongoing oversight.
WAY FORWARD
1. Collaborative Policy Development: Engage a range of stakeholders to participate in cooperative efforts to develop comprehensive policies and guidelines for the moral application of artificial intelligence (AI) in undertrial management, including lawyers, legislators, technologists, and members of civil society.
2. Community Involvement: Encourage community members impacted by the criminal justice system to participate actively in it. To make sure AI applications are in line with social values, get their feedback, address any issues, and take into account a variety of viewpoints.
3. Continued research and development: Promote continued AI research and development, with an emphasis on reducing biases, enhancing transparency, and optimizing algorithms. Utilize multidisciplinary knowledge to guide the development of AI systems.
4. Humans centric design: Make it a priority to build AI applications with people in mind, making sure that these tools complement the important work that legal professionals do rather than taking it over. The process of making decisions should always involve human scrutiny and intervention.
5. Empowerment of Legal Professionals: Invest on training courses to equip legal practitioners with the knowledge and abilities they need to successfully negotiate the changing AI environment within the criminal justice system. Promoting technical literacy and a sophisticated grasp of AI technology is part of this.
6. Constant Observation and Assessment: Establish reliable systems for ongoing observation, analysis, and impact evaluations. Review AI applications' effects on society, ethics, and justice on a regular basis and modify plans in response to practical result.
7. Global Cooperation: Engage in active global partnerships to exchange knowledge, best practices, and standards pertaining to artificial intelligence in the criminal justice system. Participate in the creation of global frameworks that are consistent with the moral and legal standards of India.
8. Public Awareness Campaigns: Develop extensive public education campaigns to inform people about the role AI plays in managing undertrial situations. To foster understanding and trust, provide information about the advantages, possible risks, and safety measures in place.
India must embrace the transformative potential of AI in criminal justice while staying firm in its commitment to justice, fairness, and human rights in order to lead the way. India can genuinely change the fate of inmates awaiting trial by encouraging the proper use of AI and upholding a strict moral code. This would create an efficient criminal justice system that is also fundamentally fair and just.
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* Ph.D. Research Scholar, Chanakya National Law University, Patna. Email: priyaupasana97@gmail.com.
[1] National Human Right Commission of India, D.O. No. 10/19/2005-PRP&P, Dec 2006.
[2] Moti Ram and Ors. V. State of Madhya Pradesh AIR 1978 SC 1594.
[3] National Crime Records Bureau, Prison Statistics India, Ministry of Home Affairs (2021).
[4] Re - Inhuman Conditions in 1382 Prisons, AIR 2016 SC 993.
[5]Criminal Procedure Code, 1973, § 436A.
[6] Ameen Jauhar, Vaidehi Misra et el., Responsible AI for the Indian Justice System – A strategy paper, Vidhi Centre for Legal Policy.
[7] https://nhrc.nic.in/sites/default/files/11%20Rights%20of%20Prisoners-compressed.pdf
[8] https://tiharprisons.delhi.gov.in/tiharprisons/overcrowding-under-trials
[9] Ministry of Home Affairs, "Overcrowding in Prisons in India" (September 5, 2011), available at: https://www.mha.gov.in/sites/default/files/2022-09/OvercrowdingPrison09052011%5B1%5D_0.pdf.
[10] Legal Service India, "Problems of Under-Trials in India," available at: https://www.legalserviceindia.com/legal/article-39-problems-of-under-trails-in-india.html.
[11] 1981 SCR (2) 408 1981 SCC (1) 627
[12] Infosys BPM, "Artificial Intelligence in Legal Process Outsourcing," available at: https://www.infosysbpm.com/blogs/legal-process-outsourcing/artificial-intelligence-in-legal-process-outsourcing.html.