The rapid advancement of technology in recent years has brought about profound changes in the way crimes are committed, investigated and adjudicated. One of the most pressing challenges that law enforcement agencies worldwide are grappling with is the rise of crimes driven by or facilitated by Artificial Intelligence. At the heart of this issue lies a critical question: how can traditional legal systems keep up with the evolving technological landscape? Union Minister Ashwini Vaishnaw has called upon the CBI to collaborate with academia, industries and researchers to develop techno-legal solutions to tackle modern-day crimes, shedding light on a pressing need for the integration of legal and technological expertise. The Minister’s comments come at a time when AI is no longer just a tool used in industries or academic research but is becoming a driving force in criminal activity. From cyber-enabled frauds, identity thefts and deepfake technology to autonomous systems that may commit crimes, the criminal justice system faces unprecedented challenges. AI agents, for instance, raise complex ethical and legal questions. Who is responsible when an AI system causes harm? Can an AI itself be held accountable, or is it the company behind the technology that should be liable? These are not merely hypothetical questions but real challenges the law enforcement community is already encountering.
The important part is developing a techno-legal approach to address these challenges. The “techno-legal approach” is not simply about using technology in criminal investigations but about integrating legal frameworks with technological innovations. For too long, law enforcement agencies have operated in silos, with legal professionals focusing primarily on legal protocols and investigators relying on traditional methods. The new reality, however, demands a shift in how we think about crime and punishment, especially in the AI era. The future of criminal justice lies in collaboration-between academia, the industry and law enforcement. Universities and research institutions are already producing cutting-edge AI tools that could aid in the investigation and prevention of crimes. However, the gap between these innovations and their practical application in law enforcement remains significant. The idea of fostering collaborations is now more urgent than ever. To build effective AI-driven legal solutions, the legal and technological communities must pool their expertise.
Cybercrime, including hacking, phishing, and data breaches, is increasingly becoming difficult to detect without AI-driven systems. To address this challenge, the CBI should look toward partnerships with academia and tech companies to create advanced forensic systems capable of identifying cybercriminals and preventing future crimes. These systems can analyse vast amounts of data in real time, identify patterns and potentially predict crimes before they occur, much like AI systems are used for predictive policing in some parts of the world. The expertise of legal scholars and ethicists has to find a way to implement it in India also.
Furthermore, the call for the establishment of state-of-the-art cyber forensic laboratories is timely. As AI technology becomes more sophisticated, criminal enterprises are utilising it to carry out complex attacks that leave little trace. Cyber forensic experts, working in tandem with AI engineers, can develop better methods for tracking, analysing, and understanding AI-driven crimes. Importantly, these efforts should not be limited to just AI. The rapid development of technologies such as blockchain, biometric systems, and quantum computing poses new challenges in both crime prevention and investigation. For example, decentralised ledgers like blockchain make it harder to trace financial transactions, which is crucial in white-collar crime investigations. In the absence of collaboration, investigators may be left in the dark, unable to penetrate the complex web of digital crimes.
The aim should be to build a robust ecosystem for the future. In collaboration, CBI can co-develop technologies tailored for modern-day law enforcement. Such an integrated approach will ensure that the legal framework adapts to technological changes in a timely and responsible manner. Only by bridging the existing gaps the evolving threats posed by new-age crimes in the AI era can be checked.
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