ABSTRACT
Integration of Artificial Intelligence (AI) in the criminal justice system will raise some serious concerns regarding the protection of constitutional rights, algorithmic accountability and fairness. Use of facial recognition systems, predictive policing and automated risk assessment through artificial intelligence in police functionality and court process raises the concern of accountability and biased decisions as opposed to human diligence and decision making, as Artificial Intelligence makes decisions on the basis of some predefined data sets, informational pools and commands. In the absence of any regulatory framework to regulate the use of AI in the criminal justice system, the risk of violation of fundamental rights guaranteed by the Constitution of India will always be there. This paper analyses these concerns posed by the integration of artificial intelligence in the criminal justice system and the challenges faced in the same, such as algorithm bias, opacity, disproportionate profiling, and erosion of judicial discretion. International frameworks to regulate artificial intelligence, such as the European Union AI Act and the United States Algorithmic Accountability Act, provide instructive contrasts, demonstrating the importance of rights-based, accountable, auditable, and human-centric AI systems. The paper concludes by advocating a legally binding framework that includes mandates to maintain transparency, algorithmic explainability, and judicial oversight, ensuring that the use of AI in the criminal justice system complements rather than compromises the constitutional rights and due process in the Indian justice system.
