EXPLORING THE CONNECTION BETWEEN TECHNOLOGY AND CRIMINAL LAW IN INDIA

Like many other nations, India too has had to dedicate a significant amount of resources specifically for technological development of its various operations – including curbing crimes. With time, the intersection of technology and criminal law is becoming increasingly prominent. The rapid development and evolution of technology has brought both advantages and challenges for the law enforcement and the legal infrastructure in the country. Let us take a look at the many ways technology meets criminal law around us.

Cybercrimes

The first obvious intersection is the commission of crimes through technology. With the rapid expansion of internet use and digital communication, cybercrimes like hacking, online fraud, phishing, cyber piracy, identity theft to online sexual harassment and cyber terrorism have become increasingly common. Tech-savvy criminals misuse the advancements of modern technology to commit unlawful activities, posing a threat to individuals, businesses, and even governments.

Forensic Sciences

One of the major technological advancements in criminal judicial systems- forensic technologies is used to ascertain different elements of the investigation allowing a clearer picture of the criminal activity. Digital evidence, such as emails, text messages, and social media posts, can be instrumental in solving crimes and prosecuting perpetrators. DNAs, fingerprints etc. are other popular ways of forensic evaluation of evidence. Law enforcement agencies increasingly rely on digital forensics tools and techniques to analyze electronic devices and other biological matter to extract relevant information.

Improved Surveillance Techniques vs. Privacy and Data Security

Multiple technologies that exist are now able scan and recognize faces, retina etc. along with keeping tabs on communications between people. These technologies have been designed with the intention to keep an eye on persons of interest and prevent any untoward and/or undesirable incident. However, such surveillance technologies also raise legal and ethical considerations in the realm of criminal lawraise concerns about privacy and civil liberties. While these technologies aid in crime prevention and detection, their indiscriminate use without proper safeguards can infringe upon individual rights. It is thus crucial to find a balance between the need for security and protection of civil liberties. This however is a complex issue and requires thoughtful regulation and oversight.

Cryptocurrency

Bitcoin, a form of cryptocurrency had completely taken over the news bulletins around us some time ago. What this meant for lawmakers was the immediate need to bring this form of asset within the purview of the law. Cryptocurrency introduced new challenges for law enforcement in combating financial crimes as it offers anonymity and decentralization. This makes it difficult to trace transactions and identify individuals involved in illegal activities such as money laundering and even terrorist financing. It would be difficult to denounce this advancement – much like others – hence it is crucial to establish stability and security in the world of cryptocurrencies.

Social Media and Crimes

Social media acts as a great and revolutionary platform to stay connected and updated with topics and people of interest. However, at the same time it also provides a grand space and amplified reach for a variety of crimes and unethical activities including but not limited to cyberbullying, hate speech, online harassment, dissemination of fake news etc. In fact, even illegal activities such as piracy and pornography along with other sexually explicit material is easily accessible on the social media and across the internet. This then begs the questions, till what extent is the fair use of social media and from where does illegal activity begin, and who shall decide that on what basis?

Dedicated Technology Regulations

Indian laws and regulatory authorities have time and again risen to the occasion to come up with ways to make the use of technology safe and secure while tackling the issues that plague the world of technological advancements. Some examples are:

i. Information Technology Act, 2000 addresses various cybercrimes and prescribes penalties for offenders.

ii. Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, aim to regulate online content and hold social media companies accountable for addressing unlawful behavior on their platforms.

iii. Copyright (Amendment) Act, 2012, aim to address these challenges by updating copyright laws to account for digital advancements.

iv. RBI had effectively banned cryptocurrencies in 2018 but this was set aside by the Supreme Court in Internet and Mobile Association of India vs. Reserve Bank of India, MANU/SC/0264/2020.

Conclusion

The law is generally a little slow to catch up with the advancements of the society and world around. Technological advancements are one such arena. The development of technology also mean newer ways of committing crimes and this is where lacunae is law is felt especially strongly. This intersection presents a dynamic opportunity to offer innovative solutions for crime prevention and investigation. This requires proactive and adaptive responses from policymakers, law enforcement agencies, and legal practitioners – all with the aim of balancing the benefits of technological innovation with the protection of individual rights and societal interests.