Technology has infiltrated every sector of society, Law not being any different, has also seen technological interference. There are various technologies but the most appropriate technology that can be used and is currently being used in law is AI and Predictive Analytics.

These technologies are mostly used to identify and predict future outcomes based on historical data, this ability can be used in decision-making in law. Law has different kinds, but the one that needs to be discussed urgently is criminal law. Criminal law deals with acts that are prohibited by law and against the public at large and are dealt with punishment.

As criminal law is an essential branch of law dealing with public welfare, the use of technology in it must be carefully considered. The paper shall focus on the use of AI and Predictive Analytics in criminal law and justice. It shall also highlight the advantages and disadvantages and further suggestions to improve the existing system.

Introduction
Industry 4.0 is continuously on the rise, increasing technological intervention in different sectors of society. Law has also been infiltrated with technology and new algorithms have been tested to aid criminal law. The algorithms that are primarily used in finding patterns and then providing result for the current scenario is AI and Predictive analytics.

AI is artificial intelligence is the capability to perform any assignment which is usually performed by a being with higher intelligence. This technology can be used for decision making and it uses logic and reason to answer. Logic and reason are the tools required in law to come to a decision. Predictive analytics on the other hand refers to the utilization of data to provide predictions [1].

It compares the present data with the historical data to discover if the patterns may appear again. This technology can be used to focus on the types and areas where the crime may occur according to which the appropriate action can be taken. Focusing on Criminal Justice, AI, and predictive analytics can be used to highlight the possible offenders and assist in decision-making.

Despite the usefulness of these technologies, there are still concerns regarding privacy and biased data that can be an obstacle to providing accurate results. But it can be more dangerous when it is used in law where the life and dignity of a person can be compromised. The paper shall focus on the possibility of AI and Predictive analytics in Criminal law by evaluating the advantages and disadvantages of the technologies.

Advantages Of AI And Predictive Analysis In Criminal Law And Justice

Providing Efficiency in Crime Investigation

AI and Predictive Analysis in India are currently being used to efficiently improve the investigation of crimes. Mumbai Police is using these technologies to pinpoint an area where a crime is most likely to occur [2]. This makes the Mumbai Police capable of upholding the law and protecting the fundamental rights of a person. Smart cameras have been installed by the Ahmedabad Municipal Corporation to study body movements, analyze them, and highlight the person who is violating the law [3]. Delhi police partnered with ISRO and have created an analytical system "Crime Mapping, analytics and Predictive System (CMAPS)". CMAPS provides a device to each person of Delhi Police which will contain a data system of criminals [4]. It will help to ascertain internal security by maintaining law and order with the help of technology.

Increasing Public Safety by Reducing the Time of Response

The National Crime Records Bureau has initiated a system called Crime and Criminal Tracking Network and Systems (CCTNS) [5]. This system collects and interprets data on crime from all over the country. This data is further used to highlight individuals who are hardened criminals. From the data obtained out of the system, the activities of the criminals can be monitored, and if there is any indication that there could be a violation of the law then response to mitigate it would be quick as the activities were monitored. Many other companies like, Oracle, Microsoft, SAS, IBM, etc. are working on making CCTV systems with Advanced analytic capabilities to improve response time in addressing a criminal incident.

Decision for granting Bail, Identification, and Sentencing

Predictive Analysis and AI can be used to decide whether a person shall be granted bail or should be detained during the proceedings of trial based on the criminal history of the person, personal background, and the possibility of re-offending AI can be used to identify possible suspects through fingerprints and facial recognition [6]. AI can also be used to aid judges in determining the appropriate punishment for a person.

Disadvantages Of Ai And Predictive Analysis In Criminal Law And Justice

Possibility of biases due to biased historical data
The systems are based on historical data and use it to identify a person as a criminal or not. The technologies can only give an accurate result if the data provided to it is accurate, the historically biased data discriminately pointing at one group of people can lead to violation of fundamental rights and result in unfair trials. A fair trial is guaranteed under Article 21 as mentioned in the case of Hussainara Khatoon & Ors. v. Home Secretary, State of Bihar [7], and Article 10 of the Universal Declaration on Human Rights.

The biases in historical data can lead to unfair trials and thus, violation of fundamental rights. The biased data analysis can lead to pre-trial detention and sentencing which is discriminatory and violative of the right to fair trial. It is really difficult to prove the accuracy of these systems and the influence of the reports from such systems can lead to a partial judge which will lead to an unfair trial.

Concerns over the violation of the right to Privacy.
In the case of R. Rajagopal v. Union of India, the Supreme Court stated that the right to privacy is a part of personal liberty guaranteed under the Constitution [8]. Under Article 21, from time to time the judiciary through its judgments has embedded various aspects into Article 21 to give a quality life to the citizens. The right to privacy is a fundamental right as mentioned in the case of K. S. Puttaswamy (Retd.) v. Union of India [9].

Predictive Analysis and AI may infringe upon the right to privacy if the data that is being used by these systems involves personal data being taken mandatorily without the consent of the person. Predictive analysis and AI in criminal law can work best if they have all the data of a person. But even if the government manages to get the consent of every person to give their data, there is still the concern of the data being hacked. Any piece of information if inserted in the cyber world, is subjected to hacking.

Suggestions And Conclusion:
Predictive analytics and AI have the potential to enhance and improve the Criminal Law and justice system. Its ability to predict future outcomes and behavior truly assists law enforcement agencies. But to make it laguna free there are certain suggestions:

• It is suggested that these systems be more transparent which can be done by formulating rules and regulations to use such tools.
• The tools need to be seen as complementary to human evaluation and cannot be completely used in place of human beings.
• It is crucial to create a legal framework and mechanism that can appropriately check the usage of the technologies and ensure that it is within the parameters of the constitution.
• The input data needs to be checked for biases against any particular community which if not done can lead to discrimination and miscarrying of justice.

References:

1. Investopedia - Predictive Analytics - https://www.investopedia.com/terms/p/predictive-analytics.asp
2. Times of India - Crime Predicting AI Tool - https://timesofindia.indiatimes.com/city/mumbai/a-silver-bullet-for-cops-crime-predicting-ai-tool/articleshow/65536902.cms
3. Analytics India Magazine - AI-Powered CCTV - https://analyticsindiamag.com/ahmedabads-ai-powered-cctv-recognises-man-spitting-helps-cops-penalise-him/
4. Computerworld - Predictive Analytics for Indian Police - https://www.computerworld.com/article/3443328/how-predictive-analytics-helps-indian-police-fight-crime.html
5. National Crime Records Bureau - CCTNS - https://ncrb.gov.in/en/crime-and-criminal-tracking-network-systems-cctns
6. Bharat Chugh - AI in Bail Proceedings - https://bharatchugh.in/2021/11/24/alexa-jail-or-bail-use-of-artificial-intelligence-in-bail-proceedings/
7. Hussainara Khatoon & Ors. v. Home Secretary, State of Bihar, 1979 AIR 1369 - https://indiankanoon.org/doc/844948/
8. R. Rajagopal v. Union of India, 1995 AIR 264 - https://indiankanoon.org/doc/1140103/
9. K. S. Puttaswamy (Retd.) v. Union of India, (2017) 10 SCC 1 - https://indiankanoon.org/doc/120309213/

Award Winning Article Is Written By: Ms.Gargi Pant

Authentication No: DE336133225485-27-1223