Predictive Policing and Constitutional Rights in India: Regulating AI-Driven Criminal Investigation

Abstract

       The rising use of Artificial Intelligence (AI) in criminal investigations is expanding opportunities for law-enforcement agencies to analyse vast amounts of information, discover patterns, identify suspects, and prevent future crimes. Predictive policing involves employing data-based technologies, algorithms, surveillance, facial recognition, and other computerized tools to evaluate the likelihood of crime occurring or identifying individuals and places at risk. Although such methods may be beneficial for improving criminal investigations, their increased utilization in Indian law enforcement can trigger several constitutional issues. For example, relying on historical data may lead to discriminatory practices and unequal treatment of protected classes of individuals. Moreover, incorrect results, surveillance, lack of transparency, and reduced human involvement may challenge citizens’ privacy, liberty, and freedom of choice.

This paper aims to examine the constitutional issues associated with the use of AI in criminal investigations and focus on India’s legal framework. The article will discuss whether the use of such technology is consistent with the Indians’ rights to equality and privacy and to what extent the current laws can protect civilians from potential misconduct by law enforcers. It will also consider whether transparency and accountability mechanisms are sufficient to ensure that algorithms’ decisions are not discriminatory and can be contestable by civilians. One of the critical arguments in favor of regulating AI use in criminal investigations is that it must serve as an instrument for supporting investigations but not as a primary criminal suspect identifier. Therefore, the regulation of AI in investigations must feature accountability, transparency, data privacy, human oversight, bias elimination, and accessibility to provide a sufficient level of protection and legal security for civilians in any digital environment.

Constitutional issues associated with the usage of AI in criminal investigations can emerge when using such technology in India. Although it might be helpful for analyzing and predicting the probability of crimes, it should not be utilized for making arrests or exercising coercive power over suspected criminals.