Justice in the Age of Algorithms: Artificial Intelligence, Data Privacy, Surveillance, and Digital Evidence in Criminal Adjudication

Abstract

The rapid integration of automated and data-driven technologies into criminal justice systems has fundamentally transformed the paradigms of policing, investigation, prosecution, and adjudication. Technologies such as predictive policing tools, facial recognition systems, automated risk assessment instruments, and digital forensics promise efficiency, accuracy, and speed in crime control. However, their deployment raises profound constitutional, legal, and ethical concerns particularly relating to data privacy, structural bias, transparency, and the admissibility and reliability of digitally generated evidence. This research critically examines the governance of artificial intelligence and data-driven technologies in the Indian criminal justice system, focusing on data protection standards, evidentiary challenges, and procedural fairness. Despite significant legislative developments including the Bharatiya Nagarik Suraksha Sanhita, 2023, the Bharatiya Sakshya Adhiniyam, 2023, and the Digital Personal Data Protection Act, 2023 India lacks a comprehensive rights-based regulatory framework for data-driven criminal justice technologies. Existing laws remain fragmented and inadequate to address mass surveillance, automated decision-making, structural discrimination in profiling systems, and judicial scrutiny of digitally generated evidence. The study undertakes a comparative analysis of regulatory approaches in the European Union particularly the EU Artificial Intelligence Act, 2024 and the GDPR and the United States' constitutional model. This comparative inquiry highlights significant regulatory lacunae in India, especially regarding accountability, transparency, and constitutional safeguards under Articles 14, 19, and 21 of the Constitution, as interpreted by the Supreme Court in Justice K.S. Puttaswamy (Retd.) v. Union of India. The research concludes by proposing a rights-based regulatory framework for India, emphasising algorithmic transparency, data minimisation, independent audits, and enhanced judicial oversight.

Keywords: Artificial Intelligence; Criminal Justice System; Data Privacy; Digital Evidence; Surveillance Technologies; Algorithmic Accountability.