CHAPTER ONE

INTRODUCTION TO INDIAN POLICING

1.1 INTRODUCTION  

Crime is a complex issue influenced by various social processes and structures. It is

driven by factors such as inadequate socialization, lack of a strong moral compass,
and the allure of fulfilling desires through criminal means. The causes of crime are
multifaceted, including social, economic, demographic, local, and institutional
elements. Blaming the police for crime is a simplistic view that disregards the
theories of criminal behavior. Moreover, these social factors, along with other hidden
and accompanying factors, differ significantly across regions, states, and societies.
Variances in procedures and organizational functioning further contribute to
differences between regions. Therefore, comparing crime rates based solely on
published data is overly simplistic and should be avoided.
Additionally, the seriousness and nature of crimes are not considered, as all crimes
are treated equally when calculating total crime for a state or city. Thus, a higher
number of crimes in a city does not necessarily mean it is less safe compared to a city
with a lower total crime count. It may be more appropriate to assess the increase or
decrease in crime by considering the crime rate per population. However, it is
important to note that an increase in reported crimes by the police does not
necessarily indicate an actual increase in crime. The expectation that effective police
administration alone can keep crime figures low is misguided. In fact, the rise in
crime numbers reported by the police may be due to citizen-focused initiatives, such
as the introduction of online crime reporting or women help-desks. To address the
underlying issues, it is crucial to conduct a thorough investigation of the factors
contributing to the increase or decrease in crime numbers, involving both professional
expertise and the local community. Furthermore, it is important to recognize that
crime tends to increase with population. Therefore, a more accurate indicator for
assessing changes in crime would be the crime rate per population (Crime Rate).
However, it is essential to exercise caution when interpreting this data. The
assumption that an upward trend in police-reported data automatically signifies an
increase in actual crime and reflects the ineffectiveness of the police is flawed. It is

1
crucial to differentiate between a "rise in crime" and an "increase in registration of
crime by the police," as these are distinct concepts that are often conflated.

In fact, an increase in the number of reported crimes in a state's police data may be
attributed to proactive citizen-centric initiatives, such as the implementation of
electronic First Information Report (e-FIR) facilities or the establishment of women
help-desks. Therefore, viewing an increase or decrease in crime numbers necessitates
a comprehensive investigation of the underlying factors, in collaboration with local
communities, to effectively address the issues at hand.

Crime is a multifaceted phenomenon influenced by various social, economic, and

institutional factors. Blaming the police alone for crime oversimplifies the complex
nature of criminal behavior. Regional, demographic, and procedural differences must
be taken into account when comparing crime rates. Additionally, the gravity and
nature of crimes should be considered, rather than treating all offenses as equal.
Evaluating changes in crime should focus on the crime rate per population, while
recognizing that an increase in reported crimes does not necessarily indicate an actual
increase in criminal activity. Proper analysis and understanding of the underlying
factors, in conjunction with community involvement, are vital for addressing and
resolving issues related to crime effectively.1

The constitution of India- taking its strength from the heritage of the past and
following the example of many free democracies of the world, anticipates a
representative and an independent Judiciary and Executive. As an inherent
component of a responsible executive and judicial system of the governing legislative
structure, the police agency in itself constitutes a main administrative department
which is organically linked to other organs of the democratic government- either
directly or indirectly. The British Rule led to the establishment of the judicial
traditions autonomy which indicated political neutrality, thus affecting the police
administration, which then led to a dynamic and self- negative infrastructure. This got
more complicated after the emergence of fundamental rights. The police dynamics
changed drastically. This also affected the police- public relations in a larger picture-
1
National Crime Records Bureau Ministry of Home Affairs, Crime in India, statistics report, (2020).

2
which has resulted in most of the quandaries of police leadership. This has been
looked at from a negative stance. We can say that the colonial legacy had a profound
impact on the operation of police administration.

In addition to the Indian Police Act, the Criminal Procedure Code, the Indian
Evidence Act, and the Penal Code, 1860 all require revisions in order to meet the
needs of the Indian legal system at the moment. The police department is rigidly
hierarchical, and a small group of senior officials make all of the decisions. Politics
frequently gets in the way of postings and transfers. The Indian police system has
undergone numerous attempts at reform, both at the State and Central levels. The
Gore committee, the National Police Commission, the Riberio Committee on Police
Reforms, the Padmanabha Committee on Police Reforms, and the Malimath
Committee on Reforms of Criminal Justice System have been the five main reform
committees since 1971. Numerous substantial recommendations were made regarding
cold storage as a result of the politicisation of the police. In order to guarantee more
accountability, efficiency, and a citizen service-minded approach, a New Police
System must be implemented in India. The Indian police system has undergone few,
if any, modifications since the Police Act was passed in 1861. The government
formed a number of committees to examine these proposals. Prakash Singh v. Union
of India2 in 2006 was a significant turning point in this regard. The impact of this
case on Indian police reforms is highlighted. The suggested reforms in this situation
are thoroughly examined. additional investigations into the implementation of these
reforms at the State level and the factors influencing the States' failure to follow
through on their obligations. The work's primary objective is to make suggestions for
improving the Indian police force.
The police are considered to be the most essential elements of a modernised and
civilised society. Its origin can be traced back to the ancient history of India with its
relation in Vedic and today's modernised society.3 The term “Police” can be broadly
connoted for purposeful maintenance of public order, and protection of person's life,
liberty and property from the hazards of public accidents and strict monitoring of
unlawful acts. There has been significant divergence in the basic disciplines of
2
(2006) 3 SCC (Cri.) 417.
3
G.P. Joshi, Policing in India: Some Unpleasant Essays, Atlantic Publishers, Delhi, India (2013).

3
policing. However, the ascendancy of the police, the exercise of force, and the
supervision of public disorder, in many cases, varies to the late 20th and early 21st
centuries4. There is a common belief that police system in India is a British
construction, it is an indigenous system with its evolutionary relation with its relation
with England. It cannot be denied to assume that the concept of police is a foreign
introduction and is a European novelty. But there are also references in entomological
history of India regarding Ramayana were it has been mentioned about the police as
the regulative mechanism for peace and order.5

The influence of the colonial power in India made a radical transformation in the
history of the police development, besides several other things two powerful well-
organised systems was greatly inclined in the administration of India i.e. related to
revenue collection and police administration. Both provided the solid foundation to
strengthen the foundation of British Empire in India.6 The colonial history of Indian
police force has been the record of series of developments. But, formation of The
Police Act of 1861 was milestone in organising the police force. During this period
the police force was the source of protection of alien power and hence an instrument
of State oppression.7Because the Police Commission of 1860 had observed that
“Police organisation, as planned has been considered to be a political instrument for
looking into democratic disorders in the State”. The reforms in Indian police is
essential as it has got a land mark in the era of police as a result to which the NPC
(National Police Commission) which was set up for its recommendation and reports
on policing.8 This committee formed many reports and also a recommendation for

4
Srinath Raghavan, Modified’ Foreign Policy: Interrogating Coherence, Finesse, and Efficacy, Centre
for Policy Research, New Delhi,( Vol. 1 No. 5,2015)

5
Prakash Singh, “Police Reforms in India: A Historical Perspective”, People's Police Movement,
2012. (Last modified 02may2020)
URL:<http://www.peoplepolicemovement.com/history_police_reforms.html>(Accessed on: 30
January, 2023).

6
K.S. SUBRAMANIAN, “Indian police: A law unto themselves”, Police officer to Human Rights,
(January 2009)
7
ARVIND VERMA, “Understanding the Police in India” (2013), Lexis Nexis, India,(2013).

8
RONALD WEITZER, “can the police be reformed?”, Sage Publications, Inc., the American
Sociological (Vol. 4, No. 3, 2005).

4
formation of Model Police Act which after a long battle the Police Act Drafting
committee drafted a new police bill and replaced it with a new bill in 2006 for the
new generation of India. In this article we are going to visualise the long-felt need to
replace the 145year old Police Act, 1861 and to draft a new Police Act that could
meet the increasing challenges to policing and to fulfill the democratic aspirations of
the people.9 Following independence, numerous changes were made to the Indian
Constitution, and numerous laws passed by the British during their rule were either
changed or completely repealed. Unexpectedly, certain acts have still not been
updated. The 1861 Police Act is one of them; it has undergone very little, if any,
change. The Police Act of 1861 was enacted in response to the Sepoy Mutiny. It was
used by the British to quell any nationalist uprising or movement that took place on
British soil. After more than 70 years of independence, do we still require this
legislation? The national landscape is transforming. When the British tried to control
this administration, they did not do what the police do today. Although committees
have offered numerous suggestions, this legislation has not advanced far.

1.2 HISTORICAL BACKGROUND

The roots of police administration can be traced back to the Vedic period in ancient
India. ‘The Rig Veda and Athar Veda describe some forms of crimes that the Vedic
India knew off. 10Details confirm the existence of security forces in the civilization of
Harappa as well. The exact references of a criminal justice organisation during the
Vedic period are not present, however the Mauryan period demonstrated traces and a
few characteristics of a possible criminal justice system. The ‘Arthashastra’ 11

(treaties on the criminal justice system), written by Kautilya, sheds a light upon the
nature of affairs and the management of the state and society. As per the
9
THOMAS R. MARTIN WITH NEEL SMITH AND JENNIFER F. STRUART, Article on
democracy in the politics of Aristotle described about the origin of the term Police in Greek word
Politeia which means an agency of Government. (Last modified on 02 June,2020) URL:
<http://www.stoa.org/projects/demos/article_aristotle_democracy?page=all> (Accessed on: January
23, 2023).

10
Bushra, B., 2020, Personality Types and its Relationship with Role Stress: A Study among Police
Personnel, [online] Shodhganga.inflibnet.ac.in. Available at
<https://shodhganga.inflibnet.ac.in/bitstream /10603/21078/10/11_chapter%202.pdf> (Accessed 4
June 2023)
11
Albir S. Sihag, Kautilya on Administration of Justice during the Fourth Century B.C., 29 Journal of
the History of Economic, (2007).

5
Arthashastra, the lowest police organisation was the village of each kingdom- which
was responsible for the maintenance of peace and security at the local level. It was
the responsibility of the Village Councillors- appointed by the head of the state- to
ensure discipline in their respective villages. Antervansika was responsible to
maintain peace and vigilance amongst ladies of the village, hence we can see that the
roots of modern police administration go way back to Vedic times in India. “Sultan
was the centre of the government and wealth interaction during the medieval period”
12
Faujdar was the provincial head of the criminal justice administration. He was
delegated to be the chief executive, entrusted with the task of ensuring harmony and
stability for the entire province. Under the Mughals, the government was of a
particularly authoritarian and of military nature. It did not take any responsibility or
participated in any of the executive and peace-making functionary as such and that's
why police system under them was of a poor nature.
During that time, the administrative structure was made up of provinces,
commissionaires, districts, cities, and villages. Vishayapati was the district's chief,
and it was his responsibility to keep the calm and prevent crimes. Sthaniya, a district's
subdivision, included around 800 settlements. An officer by the name of Sthanik, who
is a duplicate of the contemporary position of superintendent of police, oversaw the
operation of this Sthaniya. Additionally, the Sthaniya was split up into smaller
administrative divisions. An officer in command of Kharvatik, Dronmukh, and
Sangathan was known as a Gop. The entire village helped him complete his task,
which was his obligation. This suggests that the activities were coordinated on the
ground. Their superiors had the last say over the officers. Additionally, when a
problem was reported, these superiors were capable of taking the appropriate action.
At the district level, there was also a police organisation for specialised operations. A
Nagaradhyaksha or Nagarik, the modern equivalent of a police commissioner, was
the title given to a town's chief of police.The city's forests, waterways, and suburbs
were patrolled by the Vivitadhyaksha, Navadhyaksha, and Mudradhyaksha, while its
guards, known as Rakshak, patrolled its many roads. The Manu Smriti13 contains the
following information:

12
Malik, J., Islam in South Asia, New Delhi: Orient Black swan5th edition ,(2012)

13
Manoj Kumar, Accountability of Indian Police: A Historical Appraisal, IJPS, 2013.

6
Mahmood Ghaznavi's invasion of India caused confusion, which led to the shifting of
India's political system during the Delhi Sultanate period. India was governed by the
Moghuls and Turks. They desired to take control and thereby increase their military
might. Even though they opposed any administration of the police, army officers
were present to monitor police work. Under the Turks, the Naib Sultan or Vail was in
charge of the security of the Suba or Khalsa province. The Siqdar oversaw the Siq
and the Fauzdar oversaw the Parganas in these provinces' administrative sub-units.
The village's security system was largely beyond of the Fauzdar's control, save in
cases of emergency. Upholding the law and maintaining public order is the
Sarpanch's duty in this situation. The "community police" served as assistance for a
government official named Muhasil or Gumashta, who at the state level represented
Musharraf, Fauzdar, and Khwaza. The Mughals desired to maintain their position of
dominance. All higher ranks were made hereditary to achieve this. They didn't focus
on anything other than making changes that would assist them solidify their positions.
Subedars or governors were in charge of running the provinces' governments and
criminal justice system. In order to maintain order, Fauzdar, the district's in-charge
official, had the authority to put an end to any uprising or criminal activity that took
place. But in fact, it was the Zamindar's job to keep the calm and secure the safety of
the people, with the Fauzdar keeping watch over their work. Each area was split up
into Thanas and Chowkies under the Fauzdar, with a Thanedar in charge of each. The
Thanedars were picked by Fauzdar, and the Zamindars employed and compensated
them. Chaukidars were employed by villagers, and Kotwal existed in cities. While
preserving lives and property, a Kotwal looked into illegal behavior.
The authoritarian mindset, predatory nature, and savage interest in the throne were
reflected by the police administrative system of the Mughals and the Delhi Sultanate.
The Thanas were under military command to watch after and defend the civilians.
Zamindars took advantage of the underprivileged locals. Later, Shivaji translated the
Persian names into Hindu, although he made few other adjustments to the Mughal
order. The intelligence and surveillance system was strengthened by the elimination
of the hereditary appointment system. Only the king was responsible for overseeing
the authority with the power to identify and stop crimes. The Sepoy Mutiny or the
Revolt of 1857, one of the major uprisings that took place under British colonial

7
rule14, came after the Police Act of 1861. According to the government, "police
service, equipment, and work conditions must be fairly uniform throughout India."15
The first de facto Governor-General of Bengal, Warren Hastings, established the
police administrations in Bengal in 1772.16

1.2.1. Birth and Development of Indian Police

In order to reorganise the police and make them a more effective tool for the
identification and prevention of crime in society, the Indian Police Act, 1861 (Act
No. V of 1861) was created. In order to stifle any demands or movements for self-
government, the British passed it during the First War of Independence.17 In their
dispatch from September 1856, the then Court of Directors stated: "That the police in
India has lamentably failed to accomplish the ends for which it was established is a
notorious fact; that it is all but useless for the prevention, and sadly inefficient for the
detection of crime, is generally admitted." It has a very general character of
corruption and oppression, is unable to control crime, is dishonest in how it uses the
power it is given to carry out the duties it is tasked with performing, and is rarely
successful in doing so. It is obvious that the British drafted the aforementioned Act
to advance their own colonial objectives, and as a result, it was only loyal to the
British Government. However, it underwent a significant transformation after
independence, and now it is loyal not just to the government but also to the state, the
constitution, and the laws of the land.18

Despite the fact that the Indian Police Act was undoubtedly passed in 1861, when
there was no representative government in place in India, all the laws that were in
place on Indian territory persisted even after the constitution was put into place in

14
Hariharan Kumar, ‘The Indian Police Act and Police Reform In India (last mod on , 6 January,
2021)<https:blog.ipleaders.in/the-indian-police-act-and-police-reform-in-india/>(Accessed on 02
December, 2022.)
15
Prakash Singh, ‘Whither One Nation, One Police’ (The Indian Express, 30 July,2021)
<https://indianexpress.com/article/opinion/columns/one-nation-one-police-is-a-reform-that-is-long-
overdue-7429149/>(accessed 04 April, 2023).
16
Lyall & Alfred, ‘Warren hastings’ (internet Achieve, 16 February, 2023)
<htts://archive.org/details/in.ernet.dil.2015.91491/page/n27/mode/2up>(accessed 07 December, 2022).
17
M. Daruwala, G. Joshi, G. & others, Police Reforms too Important to neglect too urgent to Delay
(2005).
18
Assam Police. (last modified on12-2-2011)< http://www.assampolice.com/aphistory.htm.>(Accessed
on 24 January, 2023).

8
1950. This Act continues to be in effect in a number of Indian States despite
significant changes in the country's political landscape and the country's
transformation from a colonial territory to a self-governing democratic republic State.
It is important to note that while though many States, including Mumbai, Hyderabad,
and Delhi, have their own police acts, these Acts are mostly based on the Indian
Police Act of 1861. Its prologue states that "it is expedient to reorganise the police
and to make it a more efficient instrument for the prevention and detection of crime,"
indicating that its primary goal was to do this. Due to their obligations under the Act,
which include the following: obeying and carrying out all orders and warrants
lawfully issued by any competent authority, gathering and sharing information
affecting public peace, preventing the commission of crimes and public nuisances,
and identifying and prosecuting offenders, this has led to frequent accusations from
both the police and the general public that they have no other responsibilities to
society. The Police Act, 1861 must be replaced with appropriate laws that reflect the
democratic structure of India's polity and the modern world because, despite its
historical success in defending British commercial and diplomatic interests, it is no
longer adequate for India's current demands. To accommodate India's modern needs,
a civilian model akin to the British one needs to be created.
Since practically all of these criteria must govern democratic police policy, the
current Act falls short in almost every one of them. One of the reasons British
"Bobbies" are well-liked and regarded by the community with admiration and trust is
that, in contrast to India, a lot of emphasis is placed on strong community-police
interactions in Britain.19 For the police forces in Britain, these are quite specific
mandates. In addition to doing a comparison of the policing systems in India and
Britain, let's take a quick look at the history and evolution of policing in India during
the British Raj.

1.2.2. Modern Police and Administration 

The emergence of the modern police structure paved its way only after the entry of
the British in India, who came up with the Indian Police Act, 1861. This act imposed

19
History UK, History of England (last modified on 4-1-2023)
<http://www.historic-uk.com/HistoryUK/England History/SriRobetpeel.htm.> (Accessed on 23
January, 2023).

9
a common framework of the police upon whole of the country. The Act set- up
unified police forces in charge of the provincial authorities. Accordingly, the police
personnel were trained, recruited and posted in in each province. The Act in itself
gave the Police a status of supremacy and superiority. Plus, it majorly delineated the
work from the District Magistrate, who previously carried this onus on his shoulders.
Hence it is safe to say that the police force became very well structured, controlled,
guided and well restrained. The Act gave birth to a system which is still in force and
also provided the “District Magistrates with responsibility of efficaciously controlling
the police system.”20 Unlike Military, the police- by virtue of Article 246 of the
constitution- is a matter of state subject- meaning it is common to each state
jurisdiction and under its control, rather than falling under the Central Government-
like Military. The Police coming under the State level in no way belittles the power of
the Central government and its role in police administration. In fact, Article 335
empowers the Central government with the ability to protect each state from any kind
of havoc, or overcoming any element of threat to peace and ensuring proper
following of constitutional provisions. In addition to all this, the Central government
also established a police organisation, called the Central Police Organisation which
has further divisions such as the Para Military forces and other central organisations.
A major difference between the both of them can be that the Para Military forces are
armed and in a sense, frontline forces of police- which are more exposed to field
work. These are inclusive of the Border Security Force, Centre Industrial Security
Force, Centre Reserve Police Force etc. Whereas, other Central government
organisations include the Central Bureau of Investigation, Bureau of Police Research
and Development etc. thus we get an idea about the administration and the levels
police functioning. Let us discuss the some of the duties that they are expected to
perform.

In any country, the police are expected to be the most responsive, efficient and
accessible body to the civilians. It is supposed to be the quickest and the most prompt
- so as to be able resolve public grievances without much delay. The police have to
deal with every case with a different approach and with time and circumstances, its

20
Government of India, District Administration, 2020, National Informatics Centre, [online] Available
at : https://chennai.nic.in/district-administration/ (Accessed on 4 June 2023).

10
roles and duties also become multifarious in nature, thus at times he becomes a friend
to the public whereas at the other time he has to deal stringently with criminals to
make sure that there is no threat to law and order in the society. To sum it up, the
main focus of this body is to maintain the peace and law in the society- to ease the
public at large. It is quite easy to say this but if we see in case of India it has become
extremely difficult to maintain a properly balanced public- police relationship.
Moreover, one can say that media houses have an immense power over the public
opinion and might also be having a role in how the masses perceive the policing
body. More often than not, it has been noticed that the media has negatively
contributed to the mass opinion and have led to widening the gap between the police
and the public. We shall be discussing this further in our paper and shall shed light on
the same while citing a few cases that have shook the entire country. It goes without
saying that it is vital to have a positive relationship between police and public. It is
important to promote a healthy opinion of the police as this is crucial for being able to
bring a civic engagement and co-operation that will ensure a healthy environment all
together. The police service in India has been the most misunderstood for so long and
this misunderstanding is harmful for the masses. The public thinks that it is their right
to openly criticise police even at the slightest provocation, be that a traffic constable,
an inspector, or a high-ranking police official. It is strongly condemnable because
many policemen courageously put their own and even their family's lives at stake for
the country. Despite that, many times, the public and the media hold the police in
contempt, looking down upon them and labelling them as miserable and corrupt. I do
not intend to choose sides in this paper, rather my aim is to explore all the sides-
trying to keenly analyse all the aspects. With more contemplation and research, I go
on to admit that the tales of abuse of power by the police are not uncommon as well.
In numerous instances even, the public gets harassed by the police officials, so this
research paper shall deal with the accountability of both the stakeholders- the public
as well as the police officials- when the peace and security of the society is disrupted.

The police officials have power, but as we have already discussed, this power comes
with some strings attached to it. There are duties that need to be done and
responsibilities that need to be fulfilled. Ipso facto, these powers are not unfettered,

11
they have accountability- towards their senior officials as well as towards the public
at large. We will be discussing these points towards the end of this paper.
Let us now compare the police functioning and its composition in different
democratic countries around the world and observe India's police position- being one
of the world's largest democracies.

Law enforcement in the United States has dramatically changed since its
establishment. From the earliest times, during country's “childhood” i.e. its initial and
formative years, law enforcement was primarily done by local communities or part
time officers which were funded by the community heads. In 1838, the city of
Boston21 established the first organised municipal force. Other cities such as New
York, New Orleans and Philadelphia were quick to follow this example. With time,
almost all the major cities had established some type of organised police force.
Currently, there are over 18000 local, state and federal police agencies which employ
“more than 4,20,000 officers, so if we do math then there are approximately 2.2 law
enforcement personnel for a population of 1000 people.”22 This varies according to
the population. It is also pertinent and noteworthy that the average response time 23
(the time taken by police to reach one's house after being contacted) is 10 minutes,
which- according to the global standards- is quite impressive and helps to avert most
major mishaps. So, we see that US police is quite efficient however, there have been
several cases which makes us think quite the contrary.
In the US, officers frequently legitimise the use of ludicrous, and at times lethal force
on the grounds that they had reason to believe that the perpetrator was armed or that
he did not co-operate with them. This has, in previous many years, caused grievous
harm to the victims, some also ending up dead like this. Also, the US police many
times gets charged with discriminatory approach towards the black people living in

21
Time, 2020, How the U.S. Got its Police Force, [online] Available at:
https://time.com/4779112/policehistoryorigins/#:%20%CC%83%20:%20text=The%20first
%20publicly%20funded%2C%20organized,to%20other%%2020places%2C%20says%%2020Potter.
(Accessed 4 June 2023).

22
Icma.org. 2020, [online] Available at: <https://icma.org/sites/default/files/305747_Analysis %20of
%20Police% 20Department%20Staffing %20_%20McCabe.pdf> (Accessed 4 June 2023).

23
Ncjrs.gov. 2020, NCJRS Abstract - National Criminal Justice Reference Service, [online] Available
at : <https://www.ncjrs.gov/App/Publications /abstract.aspx?ID=37686 >(Accessed on 4 June ,2023).

12
U.S. Most recently, George Floyd,24 an African-American, living in Minnesota was
killed by a police officer while he was pinned down. He died due to excessive
pressure on his windpipe. Another surprisingly while equally shocking thing to note
is that the states in the U.S are not obligated to provide any record or report of police
killings to any federal authority, hence the actual number of police killings are not
even available at any given time. Many independent reports suggest that actual
killings are far more than recorded, because of this precisely, the number of extra-
judicial killings and fake encounters are soaring in the United States. We can trace the
roots of such actions (and maybe try to account for them) to the weak ammunition
laws in the USA and to the easy availability of arms. Because of this, the police have
to be ready for any mishap at all times.

Let us now talk about the Law Enforcement in Japan- it is provided by many law
officers however the main source of law enforcement is the Prefectural Police
Department25 which works under the supervision of National Police Agency. In
Japan, importance is given to the free and fair functioning of police without any
pressure from the political side. To ensure non-interference by politically motivated
agenda, another independent body that goes by the name of National Public Safety
Commission administers the police functioning, thus reinforcing neutrality towards
everyone. Pertinently, the public police relation in Japan is very good and easy-
which is also reflected by the crime rates of the country. As per the data of United
Nations Office on Drug and Crime (UNODC),26 the annual incidence of violent
crimes such as homicide, kidnapping, rape, burglary is quite low in Japan out of all
the 192 UN member states and among the countries reporting criminal and criminal
justice statistics. The strategy behind the establishment and maintenance of such a
harmonious environment is the system of checks and balances that is created by
public over police and vice-versa. Apart from the police officials, several thousands
24
Nytimes.com. 2020, 8 Minutes and 46 Seconds : How George Floyd was Killed in Police Custody,
[online] Available at : <https://www.nytimes.com/2020/05/31/us/george-floyd-investigation.html
>(Accessed 4 June, 2023).

25
Fas.org. 2020, National Police Agency (NPA), [online] Available at :
<https://fas.org/irp/world/japan/npa.htm>(Accessed 4 June 2023).

26
Unodc.org. 2020. [online] Available at :
<https://www.unodc.org/documents/data-and-analysis/Crime-
statistics/International_Statistics_on_Crime_and_Justice.pdf>(Accessed 4 June 2023).

13
of public security officers are assigned to various departments. They are responsible
for a wide range of issues- such as preservation of forest, narcotics control, fishery
inspection, maritime related disputes, labour and mine related issues, and so on.
Hence, an equal participation of police and public in decision making is observable.
Such a complementary relationship with mutual respect and trust is essentially a
roadmap to peace and development and will also help in the undertaking and
completion of further tasks smoothly.

In England, the police officers conduct the duty of law enforcement mainly which are
serving in regional police service mainly. Such regional departments are supported by
different U.K agencies such as National Crime Agency, other local police officials
and Metropolitan Police Department.27 One of the pertinent thing to note down is that
in the Westminster system of policing, with the tacit consent of public, officers
exercise their powers to investigate. “Policing by Consent”28 is the expression used to
describe it. It argues that the credibility of policing in the eyes of general public is
founded on a popular consensus of support deriving from accountability about their
powers, honesty in their exercise of those powers and allegations. Hence, we can see
that the point of view of general public is taken into account at each and every step
taken by the police which reposes the faith of public of U.K in their police. Each
citizen in U.K has limited power to arrest if the see a crime happening, that mean
even the “police cannot arbitrarily arrest the person and has to provide for suitable
ground of arrest to them”29 and these rules are not bounded only to paper but are also
followed with utmost responsibility. Another feature of law enforcement in U.K is
that they are organised separately for each province, so the law enforcement will be
different for England as compared to Northern Ireland, they work independently and
at the same time in coordination with each other. A police officer can arrest a person
if they suspect him or her of any crime even if the police official is outside of his

27
Mynewsdesk, 2020. Metropolitan Police. [online] Available at: http://news.met.police.uk/ (Accessed
4 June, 2023).
28
Eprints.lse.ac.uk. 2020. [online] Available at: http://eprints.lse.ac.uk/47220/1/Policing%20by
%20consent (lsero).pdf (Accessed 4 June, 2023).

29
Scholarship.law.upenn.edu. 2020. [online] Available at:
<https://scholarship.law.upenn.edu/cgi/viewcontent.cgi?article =4938&context=penn_law_review>
[Accessed 4 June 2023].

14
jurisdiction of control, and this is one of the unique feature of U.K policing system
which makes it more efficient and swifter in work.

In Malaysia the law enforcement is carried out by Royal Malaysia Police30 which is
uniformed federal force in whole of the country. The Police force is headed by the
Inspector General. The Police, Act 196731 defines and regulates the law, regulation,
recruitment, training, funding, supervision, duties and power of police force. The
Royal Malaysia Police is also supported by a group comprising of Extra Police
Constables, Police Volunteers Reserves and Police Cadets. The major criticism that
Malaysia's Law Enforcement faces is that there is little or no involvement of general
public in policy implementation and no transparency whatsoever. Abuse of police
continues to be significant human right problem in Malaysia. Unreasonable killings,
cruel treatment, death in detention and excessive use of force in the dispersal of
public assemblies continues due to lack of effective accountability for Malaysian
Police Force. It is surprising to note that any complaint against police brutality or
negligence is being enquired by the Royal Malaysian, thus making it quite evident
that there is no independent body assigned to this and police itself investigates the
matters against them, hence lacking any transparency and credibility of the
investigation. The police officers alleged of abuse are rarely prosecuted and always
left on warning. Despite many reforms being introduced in policing system there is
still no clear independent body to turn to that could oversee the whole process. The
clear consequence of this is growing mistrust of public in police, which has
committed various violations and blocked transparency demands. One of the main
reason that can be seen for this is that “police in Malaysia has even pressurized the
government.”32 Many recommendations were rejected by the government to reform
police system, one of them being asking for extra accountability from police in any

30
kuala-lumpur.ws. 2020. Royal Malaysian Police Museum - KL MAGAZINE. [online] Available
at:<http://www.kuala-lumpur.ws/magazine/royal-malaysian-police-museum.htm> (Accessed 4 June,
2023).

31
Agc.gov.my. 2020. [online] Available 201967.pdf> (Accessed 4 June, 2023)

32
Human Rights Watch, 2020. “No Answers, No Apology” : Police Abuses and Accountability in
Malaysia | Human Rights Watch. [online] Available at : https://www.hrw.org/report/2014/04/01/no-
answers-no-apology/police- abuses-and-accountability-malaysia (Accessed 4 June, 2023).

15
investigation they do. Less involvement of public and weak government rule are the
main reasons behind the worse police- public relation in Malaysia.

The South African Police Service is the national Police of South Africa. All the
Police Station in South Africa are divided by provincial zones headed each by a
Provincial Commissioner. The Provincial Commissioner reports directly to the
National Commissioner. The Constitution of South Africa gives its police a free hand
and unfettered power for elimination, fighting, investigating crime, preserving public
order, defending and securing the Republic's inhabitants and their assets, preventing
something that could threaten safety and securing national interest. It can be said that
South Africa's police is one of the stringent police around the world and does not very
much discriminate between the criminal and the person who comes between them and
the criminal either intentionally or unintentionally. Many Human Rights
organizations have lately expressed their concerns over police brutality in South
Africa and the way police handles the locals. There were also concerns in regards of
brutal police training methods. According to Peter Jodi of Wits Law Clinic “Police
Torture in South Africa is spiralling out of control and is happening on a daily basis.”
Independent reports have also claimed that Police has also supressed independent and
peaceful marches in the name of maintaining peace and stability in the country. The
Marikana Massacre33 was the most infamous incident of Police brutality that
happened in South Africa in 2012. Mass shooting took place when police decided to
break up a gathering on 16th August 2012 by attacking the workers near the Nkaneng
shack settlement in Marikana. Thirty-four workers were killed and more than 80 were
wounded. Investigation also showed that most of the workers were shot from behind.
There was a huge uproar of the public against this incident. We can see here although
South African police tries to maintain peace by resorting to violent means however,
they lack public support and are subjected to hatred from them.

Now having compared the Policing standards of various countries all together, we see
that some countries have good public- police relation which contributes in the peace-
33
Davies, N., 2020, Marikana Massacre : The Untold Story of the Strike Leader Who Died for
Workers' Rights | Nick Davies. [online] THE GUARDIAN. Available at :
<https://www.theguardian.om/world/2015/may/19/marikana- massacre-untold-story-strike-leader -
died-workers-rights >(Accessed 4 June, 2023).

16
making process overall in the country. One thing is common in all the country we
have discussed so far is that it is important to involve general public in the decision -
making process as well as to make public realise that police is for their own safety
and security. At the same time police officials have to understand the power they are
provided with is not unfettered and has to be only used in the greater interest of the
society. Let us now see the problems Police and Public face in India, what are some
of the loopholes in the law and how to overcome them to ensure greater credibility of
police and at the same time avoiding the pitfalls that some of the countries have fell
into.

1.3 POLICE ACT, 1861

The state has a constitutional obligation to defend and uphold the interests of its
citizens by offering a competent and independent police force. According to the
Indian Constitution, law enforcement is regarded as a State subject, hence the State
Governments would be held accountable for having a capable police force. In the
year 1861, the central passed the Indian Police Act. Police are a matter of state
concern, according to Indian Constitutional Art. 246.34 It must be remembered that
there are other laws that regulate police operations in addition to the Police Act of
1861.
The maintenance of public order and the criminal justice system are based on the a
large number of special legislations which also includes some special laws such as
The Control of Organized Crimes Act (COCA), the Scheduled Castes and Scheduled
Tribes (Prevention of Atrocities) Act, and the Prevention of Terrorism Act (POTA,
now repealed) are all acts that fall under the Indian Constitution's own provisions and
incorporate many of the POTA's former provisions.
The Police Act, 1861 is prevailing from 150 years old in the country of India; but to
sketch the grounds for the inadequacies and shortcomings in policing to the Police
Act, 1861 merely on the ground of its antiquity will be an incorrect understanding of
policing in an egalitarian society35 The 1861 Act by itself does not stand in the way of

34
Bakshi P.M., Constitution of India, Universal Law Publishing; Nineteenth edition, (2020).
35
J.C. CURRY, The Indian Police (1977) referred in his book THE INDIAN POLICE: A STUDY IN
FUNDAMENTALS BY DEOKI NANDAN GAUTAM. URL:
id=c2bsGCA04IMC&pg=PA67&lpg=PA67&dq=J.C.+Curry,
+The+Indian+Police&source=bl&ots=p2C4YaHlkx&sig=Zi8xLco_E6TrewXDW2DIGzUupE&hl=en

17
proper and efficient functioning of police as a humane institution at the service of the
people. The Indian Police Act of 1861 was legislated by the British immediately after
the revolt of 1857 i.e. the “Sepoy Mutiny” because of the revolt which generated due
to some inefficiency of law in the past laws made by the Britishers and to bring in
efficient administration of police in the country and to prevent any future revolts.
After the flourishing enactment of the act which continued despite of Indian being
malformed from a British colony to a sovereign Republic.
The National Police Commission (1979-1981) feel the necessitate for reform and
hence it went on draft a Model Police Act mentioned in the Eighth Report submitted
in 1981.36 A National Police Academy was established in 1948 for the initial and
advanced training of IPS Officers. A development was seen in the Indian Police since
Independence (1947) is the tempo at which State police forces have stretched. This is
the result mainly of the need to cope with a rise in population and the consequent
increase in workload. During pre-independence era military police and crown
representative police were hardly ever used for normal police duties and occasions
when they were deployed of law and other duties, were few and far between and their
development created a frightening impression about them in the mind of the general
public and their sight has deterring effect on law breakers.
Since independence, the structure of the Indian police, particularly at the district
level, has not under gone any radical change. The police station has remained the
fundamental unit of administration. Despite the fact that India's independence brought
about a number of significant changes to Indian State life through the Indian
Constitution, many aspects of Indian life were still governed by British-established
laws, conventions, and customs. As a result, the Indian police force has continued to
be governed by an outdated statute known as The Police Act, 1861, which continued
to be in effect along with many other laws in the nation. Only one thing changed: the
name Imperial Police (IP) was changed to Indian Police Service (IPS) in 1948, a year
after India gained independence from Britain. According to Article 246 of the Indian
Constitution, the State is given responsibility for establishing the laws and regulations

&sa=X&ei=NF3GUrr7HcmUrgedu4DQDA&ved=0CDkQ6AEwAw#v=onepage&q=J.C.% 20Curry
%2C%20The%20Indian%20Police &f=false> . (Accessed on June 04, 2023).
36
K.S. SUBRAMANIAN, “Are the Indian Police a Law Unto Themselves?”(2010) Published by
Social Watch India Perspective Series Vol. 3, A Rights-Based Assessment Social Watch India, New
Delhi, India.

18
that govern each police force. These rules and regulations must be incorporated in
each State force's police handbook.
A remnant of colonial governance that was intended to be extremely militaristic and
authoritarian, the Police Act of 1861, laid forth the responsibilities of the police.
According to Section 20 of the Police Act of 1861, the police are only permitted to
carry out legal activities and those that are deemed to be ultra vires. All other actions
are deemed to be within their discretion and are not subject to this restriction.
While S. 23 of the Act of 1861 outlines the general obligations of the police officer,
including a brief section on neglect of duty, it does not address cases of civil and
political control over the police where the latter have overstepped or misused their
authority. India has a significant and well-known need for police reforms.
Government-established commissions and committees have been debating the issue
for more than three decades. The National Police Commission (NPC) was established
back in 1979 with a mandate to monitor the Act and report on its status as well as
offer opinions on whether revision is necessary. The Commission shaped eight
reports with specific recommendation and also a model for the Police Act.37 The lack
of any effective accountability mechanisms and periodic review of performance is
causing the police to lose confidence of the public. Another problem is that the
widespread unruliness and cavalier attitude towards law and procedures are eroding
the faith of people in the police.38

In the Prakash Singh v. Union of India, 22-9-200639 case, the Supreme Court gave
instructions to the State and Central Governments and attempted to explain the issues
with the current police laws. It also requested recommendations for how to fix them.
The Supreme Court also mandated that the States set up State Security Commissions
to develop broad policy directives, evaluate the performance of the State police, and,
if required, pass new legislation. This is done to stop the state governments from
putting undue pressure or influence on the police. These guiding principles were

37
Police India: National Police Commission, Common Wealth Human rights Initiatives (2011).

38
KRIPAL S. DHILLON, Police and Politics in India: Colonial concept, democratic compulsion of
Indian Police,(2002).
39
CASE NO.: Writ Petition (civil) No. 310 of 1996 PETITIONER: Prakash Singh RESPONDENT:
Union of India DATE OF JUDGMENT: 22-09-2006 BENCH: Y.K. SABHARWAL, C.K. THAKKER
& P.K. BALASUBRAMANYAN. URL:<http://bprd.nic.in/writereaddata/linkimages/9324243089-
Supreme%20Court%20Judgement%2022nd%20September%202006.pdf> Accessed on: 2 June, 2023).

19
released after much thought, and several States passed specific legislation governing
the police force. Seven binding principles that would constitute the cornerstone of
change were demanded of the States and Union Territories.

1.3.1 Police Model Act of 2006

The Police Model Act of 2006, as opposed to the older Act of 1861, paved the way
for a more transparent and accountable police service. The Act tried to make police
forces more approachable to the public by including several innovative ideas. With
the passage of the Act, new standards for professionalism, accountability, and security
are established. Due to the strict restrictions and numerous divisions of units that have
been developed, it will be more advantageous to govern locally. 40 It was a positive
development to be able to analyse and look into claims that police officers had
violated the law, and this considerably increased the likelihood that there would be
fewer instances of police misconduct moving forward thanks to the regulation of
police officers' behaviour. The Model Police Act of 2006, which was written by the
Soli Sorabjee Committee,41 has as its main objective the creation of a
nongovernmental organisation to oversee and evaluate the performance of police
officers. It was created to promote officers' lack of political prejudice and to set up a
procedure for reporting officers who don't do their tasks correctly. The Act specifies a
number of positions and tasks that must be fulfilled by all levels of government,
including those in rural areas, big cities, and even the military. The Act mandates
training, evaluation, and advancement for police officers in addition to surveillance
and a welfare system for them. The Act contains procedures for dealing with the
violations and penalties committed by these officers. The Act stands alone and does
not require the application of any additional criminal or administrative laws. The
preamble to the Act also outlines a wide range of duties for police personnel,
including the protection of people's legal, political, religious, social, and civic rights
as well as the most marginalized members of society. The Act is successful in its goal
of broadening the scope of police responsibilities. These units are designed to have

40
Vishruti Chauhan, ‘The Model Police Act, 2006 - a roadmap for the future’
<https://blog.ipleaders.in/model-police-act-2006-roadmap-future/> (accessed on 06 February 2023).
41
RK Vij, ‘Explained: Why it's a good idea to have police commissioners in the bigger cities’ The
Indian Express,<https://indianexpress.com/article/explained/whyits-a-good-idea-to-have-police-
commissioners-in-the-bigger-cities-6259456/> (accessed on 10 February 2023).

20
human capital that is both scientifically-trained and skilled. These teams are in charge
of stopping serious crimes including financial fraud, cybercrime, murder, kidnapping,
rape, or any other serious crime. In order to solve these crimes, these units require
specialized knowledge and expertise, and the officers assigned to them are either
those who have worked in comparable situations before or who have a specific talent
for doing so. Rural areas also require the establishment of a Special Crime
Investigation team under the supervision of a Sub-Inspector. An officer can only work
in these sectors for a total of five years. The 2006 Act lays forth very specific and
unambiguous procedures for monitoring police officer competence in order to ensure
that criminal prosecutions are not jeopardized.

1.3.2 Scope of the Act

The Police Act of 1861 is not the only nor the most significant piece of legislation
controlling police operations. The Indian Evidence Act, the Penal Code of 1860, and
numerous more particular laws are utilised to uphold law and order and the criminal
justice system. Each state also has a collection of police regulations and manuals that
provide detailed guidelines for the exercise of police authority and functions in
addition to its own laws. The Model Police Act seeks to cover every facet of police
administration. Its structure is self-contained, and its implementation is not reliant on
any other substantive laws. It is a step in the right direction and could serve as a
reasonable replacement for the antiquated old statute.

1.3.3 Control and Supervision of Police

The State authority is in charge of the police, according to the Police Act of 1861, and
the Police Officer is responsible to this authority. In accordance with what the State
Government deems essential, the legislation grants the Inspector-General of Police,
the Deputy Inspector-General, and the Assistant Inspector-General control over the
police. The Model Police Act states that the state government in question is in charge
of the police vests. The State Government shall provide a prompt, efficient,
responsive, and accountable police force. The only goals of oversight are to improve
"police professional effectiveness" and make sure "police performance is always in

21
compliance with the law." The Director-General of Police is responsible for
overseeing the police administration. The government is only allowed to meddle with
the Director General's power if there are specific rules in place or if there are unusual
circumstances. The administration will have the power to supervise, appoint police
officers below the level of Deputy Superintendent of Police, deploy, transfer, or
discipline police officers with the rank of Inspector of Police or lower, and give
government advice on the posting of police officers at higher ranks, such as those
with the rank of Assistant/Deputy Superintendent of Police and above.42

1.3.4 Provision for State Police Board

Contrary to the Police Act of 1861, the Model Police Act of 2006 contains a clause
allowing for the creation of a State Police Board. The members of the state police
board in this case include the Chief Secretary, the Director General of Police, who
also serves as member secretary, the leader of the opposition party in the state
assembly, the Home Secretary, a retired judge of the High Court who was chosen by
the Chief Justice of the High Court, and five other people who have no political
allegiance but have demonstrated integrity and competence in a variety of fields.

1.3.5 Security, Transfer, Promotion, and Appointment

The Police Act of 1861 does not contain any clauses addressing term security,
transfer, or promotion. It provides that any police officer of a lower rank who was
found to have acted carelessly while discharging his or her duties, or who was found
to be unfit for them, may be fired, suspended, or downgraded at any time. The Deputy
Inspector-General, District Superintendents of Police, Assistant Inspector-General,
and Inspector General all have this authority. The state administration may decide to
allow police officer transfers. Article 311 of the Constitution and whatever rules the
State Government may sporadically enact in accordance with the Police Act of 1861
control the recruitment of these individuals. On the other hand, the Model Police Act
of 2006 requires that all workers be stationed at a single site for a minimum of two

42
Sonia Saini, ‘Police Act, 1861 and Model Police Act, 2006 : an analysis’ (SS Global Law Firm, (last
modified on 20 July, 2021)http://ssglawfirm.in/police-act-1861-and-model-police-act-2006-an-
analysis/(Accessed on 02 February 2023).

22
years in order to guarantee their freedom to carry out their duties without restriction.
An officer of a specified rank or station may be transferred prior to the expiration of
the two-year period, but only if particular criteria are documented and provided to
new authorities. The 2006 Draught Police Act contains a detailed list of promotion
standards, including those for prerequisite exams and progress reports. The three tiers
that the appointment process goes through are, respectively, the Indian Police Service,
Deputy Superintendent of Police, and direct recruitment to non-gazetted ranks
through Union Public Service Commission, State Public Service Commission, and
state-level Police Recruitment Board. There is a distinct hiring procedure for armed
cops.

1.3.6 Strengthening Police Investigations –

In contrast, as stated in the preamble of the 1861 Police Act, "it is expedient to
reorganize the Police and to make it a more efficient instrument for the prevention
and detection of crime." The Police Act of 1861 makes no specific reference to how
police investigations are governed; instead, they are subject to the norms of the Code
of Criminal Procedure. On the other hand, the Model Police Act of 2006 stipulates
that the chain of command must remain intact while the roles of investigation and
maintaining law and order must be kept apart. The proper infrastructure, cutting-edge
equipment, and a skilled, trained workforce are requirements for specialized criminal
investigative units. For the goal of uncovering interstate and interdistrict crimes, a
Crime Investigation Department must be established at the state level. Under the
guidance of the Deputy Inspector General of Police, units with competency should be
established to investigate killings, cybercrimes, economic offenses, and other items
that require specialized investigation skills. In each community, urban or rural, there
should be a Special Crime Investigation Unit at the police station level to look into
crimes of theft, murder, misappropriation, kidnapping, etc.

1.3.7 Police Accountability –

There is absolutely no accountability for the actions of the police under the Police Act
of 1861. Through the implementation of several specific measures in this area, the

23
Model Police Acts have increased the police organization's responsiveness to the
general public. The State Police Board and the State Government are required by law
to work together to develop a five-year Strategic Police Plan that describes the
policing objectives to be met during that period and offers a plan of action for doing
so. The district superintendents of police will create the blueprints after gathering
feedback on the districts' policing requirements, which are then decided in
consultation with the community. Many requirements were included in the Model
Police Act of 2006. A Police Accountability Commission must be established by the
state government to investigate especially "serious misconduct," which is defined as
significant damage, rape or attempted rape, death while in police custody, and
wrongful arrest or detention. The government and the police department must abide
by the Commission's recommendations as internal probes are replaced by its
examinations. The only option open to the police or the government in these
situations is the Commission's decision to sanction an officer.43

1.4 PRAKASH SHING V. UNION OF INDIA

The Indian police system has undergone few, if any, modifications since the Police
Act was passed in 1861. The government formed a number of committees to examine
these proposals. Prakash Singh v. Union of India44 in 2006 was a significant turning
point in this regard. This case and its ramifications for Indian police reform are the
main topics of the work. The suggested reforms in this situation are thoroughly
examined. Additional analyses on the State-level implementation of these reforms as
well as the explanations for why the States haven't complied with them as planned.
The article's ultimate goal is to make suggestions for improving the Indian police
force.
Most of the police forces in India are governed by the Police Act of 1861, which
aimed to increase their "efficiency as an instrument for the prevention and detection
of crime." Each State Government is allowed to establish its own police force in
accordance with the Police Act. Section 3 of the Police Act gives the State
Government the right to exercise "superintendence" over the police. The two main
jobs of the police are maintaining law and order and conducting criminal
43
Ibid.
44
(2006) 8 SCC 1: (2006) 3 SCC (Cri) 417.

24
investigations. Since the police are essentially the investigating agency in the Indian
criminal justice system, they work along with the prosecution to acquire evidence
against the accused for the purpose of the trial. The plea for police reform By
allowing those in positions of power or influence to get away with blatant legal
violations and by directly violating citizens' rights through tactics like illegal
detentions, torture, harassment, and the fabrication of evidence, the subordination of
the police, including investigative agencies, to politicians and bureaucrats has
threatened the very foundations of democratic functioning. A few glaring examples
from recent history include the anti-Sikh riots of 1984, the desecration of the Babri
Masjid on December 6, 1992, the assault on the Allahabad High Court on September
13, 1994, the excesses committed against Uttarakhand agitators in Muzaffarnagar,
Uttar Pradesh, on October 1, 1994, and the failure to file or pursue cases of
corruption, scams, and fraud involving public officials. The police were blatantly
handled unfairly during the Emergency (1975–1977) for political reasons. The crimes
committed by the police and courts were clearly described in the Shah Commission of
Enquiry Report (April 1978). The National Police Commission was established by
the Indian government in 1977 to examine the overall design and operation of the
police force. Up until 1982, the Commission was in operation and gave the
Government eight in-depth studies that contained recommendations for just about
every facet of police organization and operation.
The National Police Commission explored the issue of political meddling in police
operations and its negative effects on the rule of law in this nation in its Second
Report (August 1979).
Each State should establish a State Security Commission to:45
1. establish general policy principles;
2. assess the State police's effectiveness. (Comments from CHRI: The current
mechanism of review involves departmental heads. Such arrangements'
monitoring is inconsistent, irregular, and ineffective at spotting flaws and
weaknesses or bringing about the needed improvements;
3. serve as an appeals court to rule on claims made by officers that they were
given improper orders and that they were promoted, and;

45
2nd Report of National Police Commission, Chapter 15, Para. 15.14, (last modified on 02
April,2020)available at <http://www.geocities.com/npcreport/vol12chap15.htm >(Accessed on 12
December, 2022.)

25
 4. examine how the police department is normally run. The police should be
given complete autonomy over all aspects of their investigation processes.

The State Police Force Chief should be picked from a group of three IPS officials
from that State cadre. The panel creation committee should be led by the UPSC
chairman. The police chief should be appointed in this way and have a definite period
in office. (Commentary from the CHRI: The model Police Act was designed with the
National Police Council's (NPC's) recommendations for selecting the State Police
Force commander and establishing a fixed tenure of four years for him. The State
Police Force is currently led by the Chief Minister/Home Minister, who also has the
authority to decide whether or not he stays in that role. Senior law enforcement
officials are so urged to campaign for the top spot in a very unhealthy contest. It also
makes the police lose their composure in addition to disrupting the organization's
criteria for leadership and command structure. The Police Act of 1861 should be
replaced by a new Police Act that broadens the scope of the police's responsibilities
and modifies the methods used to monitor and manage them. This will enable the
police to serve the public impartially and advance the rule of law across the country.46
The National Human Rights Commission encouraged the government to act quickly
to divide the police's law and order and investigative wings and shield them from
political, executive, and other involvement in its report for the year 1995-1996. 47 The
establishment of the State Security Commission and the imposition of a statutory
term for the Chiefs of the country's police services were two of the recommendations
made in the National Police Commission's Second Report. In addition, the
government has been asked to implement these suggestions by the National Police
Commission. Both of these responsibilities cannot be handled by the police at the
same time; instead, they must be split, it is becoming increasingly obvious.
According to the Law Commission, "the faculties of the mind which must be brought
into play are different from those which are to be exercised when dealing with an
urgent situation of breach of public order."

46
Law Commission of India, 152nd Report on the Code of Criminal Procedure, 1973, Vol. I, p. 6 at
<http://lawcommissionofindia.nic.in/101-169/Report154Vol1.pdf>.(Accessed on 35 June 2023).
47
Police Reforms in India Seven Steps to Police Reform 14-10-2008, Commonwealth Human Rights
Initiative (CHRI), <www.humanrightsinitiative.org>*Working Document, Continuously being revised
pursuant to most up to date information received
<http://www.humanrightsinitiative.org/programs/aj/police/india/initiatives/
seven_steps_to_police_reform.pdf>(Accessed on 09 November, 2022).

26
In its 154th Report, the Law Commission emphasized the benefits that stem from the
division of the two duties are as follows :
(1) less executive oversight of police investigations because such investigations
would be protected by the judiciary;
(2) better investigations due to judicial scrutiny, which will result in successful
prosecutions;
(3) less chance of unreasonable and unwarranted prosecutions;
(4) prompt inquiry leading to prompt case resolution;
(5) Improvement of "investigative police expertise:
(6) Greater Public Support and Confidence.

Even the British had realized that the Police Act of 1861 had not succeeded in
establishing a reliable and competent police force. In order to assess the system and
suggest modifications, the government organized a commission in 1902, at the very
start of the previous century. The Chairman of the Commission was Sir A.H.L. Fraser.
The Commission issued a number of recommendations, but it either chose to ignore
them or refused to admit the fact that the structure established by the Police Act of
1861 and the police ideology that was required were to blame for most of the
organization's issues. As a result, the Act's colonial policing system continued to
exist.
After Independence, the political system changed, but the police system mostly
remained the same. But it was now widely understood that the police needed to
undergo restructuring and reform. Throughout the 1960s, a lot of state governments
took the initiative to establish commissions to investigate the problems with the
police and offer recommendations. In the 1970s, the Indian government got engaged,
setting up the National Police Commission in 1977 and the Committee on Police
Training in 1971. The Government's failure to implement the committees' and
commissions' recommendations was a significant contributor to these programs'
failure to result in improvements.
Due to this, non-governmental actors made an attempt in the 1990s to put pressure on
the government to take into account and execute the suggestions made by the expert
committees. The following major initiatives have been:
(1) The State Police Commissions

27
 (2) The Gore Committee on Police Training
(3) The National Police Commission
(4) A Letter from the Union Home Minister
(5) Police Reforms and the Supreme Court: Prakash Singh v. Union of
India
(6) Writ Petitions (Criminal) Nos. 340-43 of 1996
(7) The Ribeiro Committee on Police Reforms
(8) The Padmanabha Committee on Police Reforms
(9) The National Human Rights Commission.

In the instance of Prakash Singh, which is discussed below, this crucial suggestion
was reaffirmed. As a result of the Emergency, the Janata Party Government
established the National Police Commission in 1977, and it was given the
responsibility of examining the roles played by the police and the shortcomings of the
pre-existing administrative structure.48 The Commission stated that the threat of
suspension or transfer from one posting to another was the "most potent weapon in
the hands of the politician to bend down the police to his will" because both actions
would severely disrupt a police officer's family, children's education, and other
important relationships. It made the suggestion that the expansive authority granted to
State Governments by Section 3 of the Police Act, 1861, "be limited for the purpose
of ensuring that police performance is in strict accordance with law." A reduction in
political influence in the day-to-day operations of the police and an encouragement of
increased professionalism would result from these measures, together with other
proposals affecting the tenure security of police employees.
In addition, the National Police Commission "recommended the establishment of a
statutory commission in each State, which may be known as the State Security
Commission, which shall have the state minister responsible for the police as the ex
officio Chairman and six other members, two of whom should be chosen from the
State Legislature, one from the ruling party and another from the opposition parties.
The remaining four members of the Commission will be chosen by the Chief Minister,
with the consent of the State Legislature, from among retired High Court judges,

48
Joshi, G.P. “A Requiem for the NPC”, Seminar,1999,( last modified on November 2016),
<http://www.indiaseminar.com/1999/482/483%20joshi.htm> (Accessed on 09 February, 2023.)

28
retired government employees who held senior positions in the government while they
were employed, retired social scientists, or academicians of renown and standing in
society”. To replace the old 1861 Act, the National Police Commission also
incorporated its recommendations in a draft of a new police act. The National Police
Commission's draft Act was never reviewed by the Congress after it took power in
1980, and none of its suggestions were put into practice. The recommendations were
given to the State Governments, but they were told not to take the Commission's
opinions into consideration. The Commission's criticism of the political system or the
way the police generally functioned, in the Central Government's opinion, was
biased. The Commission was terminated in May of 1981. Subsequent committees,
most recently the Soli Sorabjee Committee, which was constituted in September
2005, have broadly endorsed the aforementioned recommendations.
In order to ensure that the police is made essentially and principally accountable to
the law of the land and the people, a retired police officer by the name of Mr. Prakash
Singh petitioned the Supreme Court in 1996 under Article 32, requesting that it issue
instructions to the Government of India to draft a new Police Act in accordance with
the model Act produced by the Commission. The Police Act of 1861, which was cited
by the petitioners, was criticized for having a "archaic structure and organization" that
allowed for abuse of power and inefficient police operations. The two former police
director generals took the case before the Supreme Court, pleading with the Court to
urge the Central and State Governments to address the most glaring problems and
immoral actions in the way the police operate. The Supreme Court determined in
2006 that it needed to issue "appropriate directions for immediate compliance" rather
than "further wait for the Governments to take suitable steps for police reforms"
because of the "gravity of the problem" and "total uncertainty as to when police
reforms would be introduced." These orders bind the governments up until
"appropriate legislation" is drafted. The Supreme Court cited the recommendations
made by various committees on police reforms and reduced them to four key
elements:
(1) a State Security Commission at the State level;
(2) a transparent process for the appointment of the Police Chief and the need to give
him a minimum fixed tenure;
(3) a separation of investigation work from law and order; and

29
(4) a new Police Act that should reflect the democratic aspirations of the populace.
The "gravity of the problem," the necessity to uphold the law, the similar
recommendations made by various committees, the ten-year delay in the petition's
resolution, and the "totally uncertain" timing of the introduction of police reforms led
the Court to the conclusion that ordering of directions was required.
On September 22, 2006, the Supreme Court of India handed down an important
ruling in the matter of Prakash Singh v. Union of India, ordering the Central and
State Governments to abide by a set of seven directives outlining doable steps to
kickstart police reform. The Court's directives aim to achieve two main goals:
increased police accountability for both organizational performance and individual
misconduct. To this end, streamlined appointment and transfer processes, tenure
security, and the creation of a "buffer body" between the police and the government
are all implemented. After years of public criticism, a lack of political will, and
chronically poor enforcement, a police reform process is now beginning to take
shape. Even though there have been major changes in governance, the outmoded
Police Act of 1861 continues to control policing, making revision imperative. The
Supreme Court ordered that by December 31, 2006, all federal, state, and local
governments must follow the seven directives and by January 31, 2007, they must
provide affidavits of compliance.
The State Government's responses have been wildly uneven, varying from prompt
adherence to the directions through executive orders to vigorously pushing resistance
to them and demanding that the Court reconsider them. Others have requested an
extension of the court's order's compliance deadline. On November 1st, 2007, the
Supreme Court dismissed the objections raised against its orders, stating that they had
to be adhered to exactly as worded. The court decided that while the other orders
were to be obeyed immediately, it had granted four of its directives a three-month
extension. A few States have taken the initiative to form special committees to draft a
new police bill and have committed to introducing it in the legislature in the
upcoming months. It is hoped that these new pieces of legislation will be openly
debated and, in the end, convey the essence of the Supreme Court ruling. Although it
is merely the first step, the verdict signifies a long-overdue reform of the police.

30
Now more than ever, lasting improvements require strong political will rather than
merely superficial changes. In its decision from September 22, 2006, the Supreme
Court
(a) ordered state governments to establish State Security Commissions and Police
Establishment Boards (to decide on transfers, postings, promotions, etc.);
(b) outlined the selection process for the Director General of Police;
(c) stipulated a minimum tenure of two years for police officers; and
(d) ordered police departments to separate the functions of upholding law and order
from the function of conducting investigations.
A district- and state-level Police Complaints Authority was also required to be
established by the Supreme Court in order to handle allegations of police
wrongdoing. It gave the Central Government the go-ahead to form a National
Security Commission, whose main duty would be to evaluate existing measures in
order to boost their effectiveness while also focusing on enhancing working
conditions for the service.

1.4.1 Directions of the Supreme Court

These instructions fall primarily into two categories:

(1) those aiming to give the police functional autonomy (Part I); and
(2) those aiming to improve police accountability (Part II).

Part I: Functional independence

Directive 1: The State Governments are instructed to establish a State Security
Commission to:
(1) ensure that the State Government does not exert unwarranted influence or
pressure on the police;
(2) establish broad policy guidelines; and
(3) assess the performance of the State police.
Directive 2: Director General of Police - The State Government shall see to it that the
Director General of Police is appointed in a merit-based, open, and fair manner, and
that his or her term of office is at least two years.

31
Directive 3: Minimum tenure for other police officers. The State Government shall
guarantee that other police officers performing operational tasks, such as district-level
superintendents of police and station house officers in charge of police stations, also
have a term of at least two years.
Directive 4: The State Government is required to establish a Police Establishment
Board, which will make recommendations on postings and transfers for police
officers above the rank of Deputy Superintendent of Police and decide on all
transfers, postings, promotions, and other service-related matters for police officers of
and below that rank.
Directive 5: National Security Commission: The State Government is required to
establish one at the Union level in order to create a panel for the selection and
installation of Chiefs of the Central Police Organisations (CPO), who should also be
granted a minimum tenure of two years.

Part II: Responsibility

Directive 6: Police Complaints Authority - The State Government shall establish
independent Police Complaints Authorities at the State and district levels to
investigate citizen complaints against police officers in cases of serious misconduct,
such as custodial death, grievous injury, or rape in police custody.
Directive 7: Separation of law enforcement and investigation is mandated by, the
State Government is required to divide the police's tasks of investigation and
maintaining law and order.

1.4.2 Security Commission –

In order to ensure that the State Government does not improperly exert influence or
pressure on the State police and to establish broad policy guidelines to ensure that the
State police always act in accordance with the laws of the land and the country's
Constitution, the State Governments are required to establish a State Security
Commission in each State. This oversight group will be presided over by either the
Chief Minister or the Home Minister, with the State's DGP serving as the ex officio
secretary. The other members of the Commission must be selected to allow for its
independence from direct government control. The aforementioned models have all
been supported for this reason by the National Human Rights Commission, the
Ribeiro Committee, or the Sorabjee Committee. Any of these models may be chosen
by the State:

32
1. NHRC: The Chairman would be either the Chief Minister or the Interior Minister.
The second command would be under the control of the Lok Ayukta or, in his
absence, the Chief Justice or a representative of the State Human Rights Commission.
Third in command would be a current or retired judge chosen by the Chief Justice of
the High Court. The Chief Secretary, Leader of the Opposition in the Lower House,
and ultimately the DGP, who serves as ex officio Secretary, would then take the floor.

2. The Ribeiro Committee: The Minister serves as Chairman, and the Leader of the
Opposition comes as second. The Chief Justice of the High Court appoints a judge
who is either sitting or retired. The Chief Secretary would come in fourth, followed
by the DGP in the position of Secretary, after three non-political individuals or those
with a history of integrity and merit.

3. The Sorabjee Committee: The Sorabjee Committee resembles the Ribeiro

Committee surprisingly well. First would be the Leader of the Opposition, then the
Minister would preside. But the Chief Secretary would be in control after the DGP,
who acts as ex officio secretary, and five independent members. The
recommendations of this Commission must be implemented by the State
Government. Establishing broad policies, offering direction for the performance of
the police's preventive tasks and service-oriented duties, as well as evaluating the
performance of the State police and creating a report on the subject for presentation to
the State Legislature, are all tasks that would fall under the purview of the State
Security Commission.

1.4.3 Selection and Minimum Tenure of Director General of Police –

The Union Public Service Commission has recommended three senior officers within
the Department for promotion to that rank based on their length of service,
outstanding performance histories, and breadth of experience as a leader of the police
force. The State Governments will select the Director General of Police from among
these three senior officers. In addition, he must work in the post for a minimum of
two years after being hired, regardless of the date of his superannuation.

1.4.4 Minimum service requirements for other officers and the Inspector
General of Police –

A minimum tenure of two years is also required for police officers performing
operational duties in the field, such as the Inspector General of Police, in-charge
Range, Superintendent of Police, in-charge District, and Station House Officer in
charge of a police station, unless it is deemed necessary to remove them early after
disciplinary proceedings against them, their conviction in a case of corruption or a

33
criminal offence, or if the incumbent is otherwise incompetent. This would depend on
the officer's promotion and retirement.

1.4.5 Separation of Investigation –

The investigative police must be separated from law and order police in order to
ensure a quicker inquiry, better knowledge, and improved rapport with the public.
However, perfect coordination between the two wings must be ensured. The
separation may begin in cities or towns with a minimum of ten lakh residents before
being extended to smaller cities or towns in the future.

1.4.6 Police Establishment Board –

For officers with ranks below Deputy Superintendent of Police, the Police
Establishment Board of each State is in charge of making decisions about transfers,
postings, promotions, and other service-related matters. The Establishment Board, a
departmental body, shall be composed of the Director General of Police and four
other senior Departmental officers. A proposal to post or transfer officers with ranks
equal to or higher than Superintendent of Police may also be made by the Board to
the State Government. It is assumed that the State Government will give these
suggestions fair consideration and will typically implement them. It will also act as a
venue for appeals for police officers with the rank of superintendent, particularly
when it comes to grievances regarding their promotions, transfers, disciplinary
actions, or being subjected to improper or illegal orders. It will also be used to review
how the State's police department is run as a whole..

1.4.7 Authority for Police Complaints –

Investigations into complaints against police officers with the rank of Deputy
Superintendent of Police and below must be conducted by a Police Complaints
Authority at the district level. A second Police Complaints Authority at the State level
should look into complaints involving employees with the rank of Superintendent of
Police or higher in a manner similar to this. The Chief Justice or a judge of the High

34
Court he has recommended will provide a list of applicants, and the State
Government will choose the Head of the State Complaints Authority from that list.
These Authorities may have three to five employees, depending on how frequently
complaints are filed in different States and districts. These individuals will be picked
from a panel assembled by the State Human Rights Commission, Lok Ayukta, and
State Public Service Commission by the State Government. The panel's members
may include former government servants, police officers, members of other
departments, or members of civil society. They would devote all of their time to the
Authority and be paid fairly for the work they did. The authority may also need the
aid of ordinary staff to conduct field investigations. The appropriate authority is
bound by the complaints authority's recommendations for any departmental or
criminal action against a disobedient official, including at the district and state levels.

1.4.8 Commission for National Security –

The Central Government shall also establish a National Security Commission at the
Union level to prepare a panel for submission to the appropriate Appointing Authority
for the selection and placement of the Chiefs of the Central Police Organizations
(CPO), who should also be given a minimum tenure of two years. Additionally, the
Commission would examine these forces on a regular basis, make recommendations
for improvement to employee working conditions, oversee effective coordination
between them, and guarantee that the forces are primarily used to achieve the goals
for which they were raised.

1.4.9 Compliance with Prakash Singh case - Reforms by States in India: An

analytical study

On November 1, 2007, the States submitted affidavits to the Supreme Court

describing the steps they had taken to comply with the decision. On September 4,
2007, the States and the Union updated the Court with new affidavits concerning
compliance. Only about 15% have complied (have reported taking actions to
implement all directives, like Sikkim, Nagaland, Meghalaya, and Arunachal Pradesh),
while 63% have complied partially (have taken actions to comply with one or more

35
directives, possibly having registered objections to some directives, like Himachal
Pradesh, Daman and Diu, Orissa, and Jharkhand), and the remaining 95% have
ignored them completely (have registered strong objections to some or all directives).
The States cited the following problems with the police reforms following the
Prakash Singh case:
i) Politicians hardly ever interfere with the operations of the police (1.1). The need for
a State Security Commission is questioned given that the police are not subject to any
unauthorized influence. Gujarat and Nagaland both.
ii) Challenges the legitimacy of the elected administration. The creation of a State
Security Commission with binding jurisdiction is likely to jeopardize the legal State's
control over its police force, create a parallel organization that is not responsive to the
State's citizens, and violate the State's constitutional rights. (Karnataka, Gujarat,
Andhra Pradesh, and Uttar Pradesh).
iii) Employee morale will drop due to fixed tenure, which will also limit the
government's flexibility. The DGP's predetermined two-year term will terminate
regardless of their superannuation date, making it impossible for other qualified
senior officers who are discouraged to progress. The directives also limit the
Government's power to transfer police officers in response to operational
requirements. Similar arguments have been used to argue against the IG, DIG, SP,
and SHO having fixed terms of office. (Andhra Pradesh, Gujarat, Uttar Pradesh,
Nagaland).
iv) It is neither practical nor necessary to involve the UPSC. The existing law
prohibits the Union Public Service Commission from designating three officials and
submitting the names of three candidates to the State Government for the position of
DGP. Involving the UPSC in Rajasthan and Karnataka is neither necessary nor
practical.
v) A set contract is not required for successful performance. A brief tenure has little
impact on efficiency. In (Andhra Pradesh).Police Establishment Board will replicate
current procedures, A Police Establishment Board would duplicate existing
procedures, go against the democratic duties of government, and create a separate
power center with bureaucrats who are not accountable to the general public. Gujarat
as well as Uttar Pradesh.

36
vii) Complaints investigators will increase their existing efforts and spend more
money. The Scheduled Castes and Tribes Commission, the Minorities Commission,
the Central Vigilance Commission, and the State Vigilance Commissions are among
the organizations that already exist to handle complaints concerning the police. It
would be expensive to establish additional District and State Complaints Authorities
in addition to duplicating the work of the current fora. (Tamil Nadu, Gujarat, Andhra
Pradesh, and Uttar Pradesh).
viii) The need for complaint authority has not been established. Uttar Pradesh used
statistics to refute the necessity for State and District Complaints Authorities by
comparing the number of complaints currently made against the police to the number
that were found to be untrue or unsubstantiated. According to Nagaland, it is highly
rare for the police to engage in misbehaviour acts.
ix) Authorities handling complaints will sap police morale District and State
Complaints Authorities may cause police morale to decline, prompting them to stop
enforcing particular laws and making them ineffective because of their fear of being
sued by yet another agency. in Andhra Pradesh
There have already been several instances of state administrations failing to uphold
their own assurances of compliance. In Arunachal Pradesh and Manipur, DGPs have
been removed from their positions prior to the two-year time that was promised to
them by executive order, without offering the appropriate legal justification. In a
stand-alone move, the Manipur government dismissed DGP A.K. Parashar. The
Government has not stated the specific reasons behind his termination and has not
offered a valid defence (such as compliance with the All-India Service (Discipline
and Appeal) Rules, a legal conviction for a crime, a case of corruption, or incapacity).
In actuality, Kerala's home minister has reportedly written to the union's home
minister to schedule a meeting of home ministers from other states to discuss the
Supreme Court's rulings and has begun the process of requesting a review, according
to sources from Kerala. This was the typical "bolt from the blue," to put it nicely. The
general public actually fervently hoped that the Ministry, which was run by the
Communist Party (Marxist), and which had a Home Minister who was a member of
the CPM, would lead the way by acting quickly to carry out the Supreme Court's
decisions. The Minister had made it plain in his speeches that he was amenable to the
need for police reforms. You may remember that Kerala was the first Indian state to

37
be reorganized along linguistic lines. Shri E.M.S. Nambuthripad served as chief
minister at the time, and Shri V.R. Krishna Iyer (later Justice V.R. Krishna Iyer), who
also served as home minister, was the leader of the Communist Party-led
administration. The first effort to reform the police in the nation was started by this
ministry. A Kerala Police Reorganisation Committee was founded on January 15,
1959, with the assistance of well-known public figures and legal experts including
N.C. Chatterjee, S. Mohan Kumarmangalam, S. Guru Swami, and P.N. Krishna Pillai.
The Terms of Reference were extremely forward-thinking. The Committee quickly
released their report on January 29, 1960, which included recommendations for a
number of the problems outlined in the Terms of Reference. Most of the ideas were
forward-thinking and futuristic. Following 1960, Communist Party (Marxist)-led
governments held power for at least four terms, but little, if anything, was done to put
the suggestions into action. The Report of the National Police Commission was
already in the hands of the State Government when it established the Police
Reorganisation Commission on July 30, 1982. Reports from the National Police
Commission or that Commission weren't even taken into account. The then-Chief
Minister, who was in charge of the Home portfolio, established the Police
Performance and Accountability Commission in 2004 notwithstanding this callous
disrespect for Police Commissions and their Reports. Justice K.T. Thomas, a former
justice of the Supreme Court, presided over it. The Report of this Commission is also
accumulating dust in the cemetery of police reform projects. The current home
minister has already asserted that he is evaluating whether to carry out the
recommendations of many panels, including the Chatterjee Commission from 1960.
Additionally, he has frequently complimented the Supreme Court's directives.
Knowing that the same Minister was spearheading a campaign to reverse the police
reforms that the Apex Court had started was thus unexpected and disheartening. The
Minister has not yet given an explanation for her stance. A State Security
Commission cannot take over the control of the police since the Home Minister is
answerable to the Legislature. A fixed tenure for him and several others, as well as the
selection process for the Director General job, cannot be approved. MLAs and
speakers for the Marxist Party utilize these arguments to defend their current position.
Only five concerns are covered by the Supreme Court's instructions, therefore the
Kerala Home Minister has very little to implement. Several States have made
significant reform progress, though. The Meghalaya State Government constituted a

38
four-person Police Reform Committee in 2005, long before the Supreme Court's
decision in the Prakash Singh case. This committee visited locations all across the
State to examine problems that needed to be fixed and had a somewhat flexible
mandate. After talking with the police and the wider public, they came up with their
final recommendations. The State Government endorsed the majority of the
recommendations presented by the Committee. Meghalaya has sent out alerts so that
you may follow all the steps. Arunachal Pradesh has already discussed police
concerns with Superintendents of Police and created a strategic police plan for the
state with clear performance objectives, benchmarks, and completion dates. The
Himachal Pradesh government released its five-year, strategic policing plan for the
years 2007–2011. It is encouraging to note that the DGP asserts in the plan's forward
that it was created after extensive collaboration with a variety of groups, including
community members, leaders, opinion leaders, and police officers. In certain States,
police complaint authorities have been set up in the past to investigate allegations of
serious misbehaviour against police personnel. An official notification detailing the
Tripura Police Accountability Commission's membership, responsibilities, grievance
procedure, and physical location was published in the Dainik Samvad on April 4,
2008, announcing the Commission's operational dates of June 2 through June 6, 2008.
It is positive that the state governments have decided to draft new police legislation.
Serious concerns are also raised by the fact that the community is not involved and is
uninformed of the process. The State Governments must employ a number of tactics
to make their plans to update police legislation widely known. The dissemination of
this information will advance democracy and inform the public.
The State Governments can take the following kinds of actions:
i) Allowing and requesting civil society and community input in police act
drafting Committees;Advertising the membership of any existing
committee;
ii) Inviting public submissions on the type of police service and police law
the community would like to have;
iii) Inviting police at all levels to make submissions about the type of police
service and police law they would like to be part of;
iv) Holding focus groups with police at all levels, particularly at the Deputy
SP rank and below on their views;

39
 v) Holding public forums and meetings to generate a community voice on
policing and to take into account this voice;
vi) Compiling the outcomes of public forums and distributing them through
print and electronic media as the “voice of the people”; and
vii) Ensuring the draft legislation that goes before State Assemblies and
Parliament is in the public domain and has been made available for
comment under proactive disclosure provisions in Section 4(1)(c) of the
Right to Information Act, 2005.49

CHAPTER TWO
INDIAN PRISON SYSTEM

2.1 INTRODUCTION ON INDIAN PRISON SYSTEM

According to the Oxford English Dictionary, “a prison is a properly arranged and

equipped place where individuals who are legally committed to it await trial or
punishment in safe custody.” In early days prisons were seen as locations for captives,
where inmates were held for the purpose of punishment and discipline. Initially, it
was believed that the provision of separate cells and imprisonment would lead to the
improvement of the guilty individuals. However, this perception has gradually
changed as both administrators and experts have acknowledged the limitations of
prisons. Currently, prisons primarily serve three purposes: custodial, coercive, and
correctional. The role of prisons as centres for rehabilitation has evolved over time.
Previously, jails primarily provided a custodial environment where criminals could be
held until they faced prosecution and subsequent punishment.

During the Vedic period, the administration of justice was not considered a
responsibility of the state. While crimes like theft, murder, and adultery were

49
He said this while inaugurating a workshop for journalists organised by Delhi Journalists Association
(DJA) in collaboration with NUJ School of Journalism.
(See<http://news.webindia123.com/news/ar_showdetails.asp?
id=701150464&cat=&n_date=20070115> last accessed February 2023).

40
mentioned, there is no evidence to suggest that kings or authorized individuals acted
as judges with the power to pass judicial judgments, either in criminal or civil cases.
The terms "prison" or "jail" are rarely found in the sutras and shastras of that time. In
the history of the prison system, it is generally divided into three phases. The first
phase, which lasted until the middle of the 16th century, primarily involved detention
cells or secure rooms in cities or villages where individuals awaiting trial or serving
sentences were kept. The second phase saw the introduction of imprisonment as a
specific form of punishment, particularly for certain types of offenders, including
juveniles. In the third phase, imprisonment became universally adopted as a substitute
for all capital punishments. During the Vedic period, there was no formal judicial
system or designated judges, and the concept of prisons or jails was rarely mentioned.
The history of the prison system can be divided into three phases, characterized by
the use of detention cells, the experimentation with imprisonment as a punishment,
and eventually the widespread adoption of imprisonment as an alternative to capital
punishment. According to the Government of India Prisons Act, 1870, the term
"prison" encompasses correctional facilities, including jails and penitentiaries, along
with the surrounding grounds and buildings used for confinement. It refers to places
designated by the Local Government for the temporary or permanent detention of
prisoners under general or special orders. As per the Encyclopaedia Britannica, a
prison is an institution specifically designed for confining individuals convicted of
serious crimes or felonies. The meaning of prison has varied traditionally. Law-
abiding individuals see it as a place where criminals are held. Criminals themselves
may view it as an uncertain or humiliating fate. Socially marginalized individuals
may find it to be a temporary refuge. For isolated individuals, prison may offer a
semblance of protection. Prison officers perceive it as a workplace, psychologists see
it as a subject of study in human behaviour. To some, prison represents an experience
that warps time, brings people together or drives them apart, and profoundly alters
lives. The perception of prison varies depending on one's viewpoint and personal
encounters.

Jails and prisons are widely recognized as being among the most inhospitable
environments for individuals with mental illness. Incarcerated individuals are more
vulnerable to mental health problems compared to the general population. Spending
most of their time in isolation, away from family, friends, and support networks, they

41
often experience feelings of loneliness, depression, anxiety, post-traumatic stress
disorder (PTSD), and schizophrenia. Furthermore, the unsanitary conditions, poor
infrastructure, and neglectful practices within prisons contribute to these issues.
Instances of sexual violence, abuse, and limited social interaction further compound
the problem. Prison administration plays a crucial role within the criminal justice
system, and the perception of prisons and prisoners has evolved over the past century.
Previously, prisons were punitive institutions focused on depriving inmates of their
freedom as a form of punishment. However, societal attitudes have shifted,
recognizing the need for a more rehabilitative approach. With the increase in prison
populations in recent decades, prison administrations face numerous challenges,
including maintaining security and safety, addressing hygiene concerns, and
managing overcrowding.

The Supreme Court of India has particularly emphasized the unacceptable conditions
in prisons, especially overcrowding. This has drawn attention to the need for
substantial improvements. Efforts have been made to improve mental health care
within correctional facilities, such as increasing access to mental health professionals,
implementing screening protocols, and establishing specialized treatment programs.
However, more resources and systemic reforms are required to effectively address the
complex challenges faced by the prison system in providing adequate mental health
care to incarcerated individuals.

2.2 EVOLUTION OF INDIAN PRISON SYSTEM

In earlier times, prisons were thought of as locations where captives were kept and
where inmates were punished and disciplined. It was also believed that segregating
inmates into their own cells and imprisoning them would improve their conditions,
but this idea is gradually fading as officials and academics increasingly acknowledge
the limitations of jails. At the moment, inmates are primarily utilized for three
purposes: custody, coercion, and correction. With time, prisons have developed into
centers for rehabilitation. The idea of using a prison as a rehabilitation facility has
changed over time. In the past, jails just offered a custodial setting where offenders
might be detained until they could face charges and receive punishment. During the
Vedic and Imperial eras in India, the main goal of discipline was to keep criminals

42
from committing crimes once more. There were many acceptable forms of
punishment, including the death penalty, hanging, whipping, and flogging. The
prisoners endured unspeakable suffering, mistreatment, and anguish. comparable to
other medieval civilisations, medieval India had a comparable prison system. The
Quran was regarded as the dominant legal text of the day. Differentiating illegal
behavior was a widespread practice among the civilizations. Sins against God,
offenses against the state, and offenses against private individuals were the three
basic categories into which crimes were typically divided.

In India, the idea for a modern prison dates back to Macaulay's ideas from 1835. A
body called the Prison Discipline body issued a report in 1838 that advocated
increasing the severity of punishment while rejecting all humanitarian remedies.
Central Prisons were built starting in 1846 as per the advice of the Macaulay
Committee, which met in 1836–1838. Because Central Prisons were constructed
between 1836 and 1838, the current prison system in India is a relic of British Rule.
The Indian Jail Reforms Committee, led by Sri Alexander Cardio, offered suggestions
for improving Indian prisons in 1919–1920. As part of prison reform, it was also
proposed that the maximum intake capacity for each institution be limited in
accordance with its design and demographics. In 1919–1920, a commission was
established under the chairmanship of Alexander Cardew to make suggestions for
improvements to the Indian Prisons. The commission came to the conclusion that
institutions should not only have evolving theories but also a rehabilitation strategy
after looking at the state of prisoners around the world. In its findings, the committee
emphasized the necessity for a reformative strategy, stressing that inmates should be
used for good. The value of post-release rehabilitation programs for prisoners who
were released from prison was a major component of the Committee's
recommendations.50

The All-India Committee on Jail Reforms, presided over by Justice Anand Narin
Mulla from 1980 to 1983, was founded by the Indian government during the Post-
Independence era. Evaluation of laws, rules, and regulations was the committee's
primary goal. The Mulla Committee's report was released in 1983. The All-India Jail
Committee is working to enact a comprehensive jail management law with the goal of

50
Paranjape N V, Criminology & Penology with Victimology, (Twenty Edition, Central Law
Publications), p.470,479, 2020.

43
achieving parity between states and union territories in the legal framework
governing jail management. The National Prison Committee proposed for a
permanent council in its report to overhaul India's prison system and protect society
while rehabilitating prisoners. Item 4 of the state list, which was added by the Indian
committee headed by Justice Krishna Iyer, addresses prison administration. As to the
Prisoners Act of 1894 and the Prison Manuals The method for establishing prisons in
each state is drafted individually. The management of prisons is covered by state list
item 4 in the seventh schedule of the Indian Constitution. According to the Prison
Manuals for Individual States and the Prisoners Act of 1894.

2.3 PRISON STATISTICS

The administration of prisons is a crucial part of the criminal justice system. Prison
institutions go by several names over the world, including "Correctional Facilities,"
"Detention Centre," "Jails," and "Remand Centre”. In the past century, the way
society views convicts has undergone a fundamental shift. With a change in social
perception towards jail and convicts, the previous system of prison with a punitive
mentality wherein inmates were forcibly confined and denied a range of freedom as a
kind of punishment has changed. It is now treated as correction or improvement
facility which itself indicates that there is more emphasis on reformation of prisoners
than to punish them. In last few decades, prison population has increased
tremendously which creates number of challenges before prison administration like
security& safety in prison, hygiene issues, overcrowding, etc. In recent years the
Supreme Court of India has come down heavily on sub-human conditions existing in
prisons especially on overcrowding in prisons. This report contains comprehensive
information at the national level on majority of such aspects of these institutions. This
report for the year 2019 is the twenty fifth in the series. Prisons exist at three levels
suchas Taluk level, District level and Zonal/Range level and Jails at these levels are
called as Sub Jail, District Jail and Central Jail respectively. Generally, capacity in
terms of infrastructure, available prison staffs & powers vested in them, security,
facilities to prisoners such as medical, educational and rehabilitation etc. are
progressively better from Sub jail to Central Jail.

A. Occupancy in Indian Prison’s -

44
Year No. of Prisons Actual Capacity No. of Occupancy
of Prisons Prisoners at Rate at the
the end of end of the
the year year
2019 1,351 4,00,934 4,81,387 120.1%
2020 1,306 4,14,033 4,88,511 118.0%
2021 1,319 4,25,609 5,54,034 130.2%
 As per data provided by States/UTs.
 According to a study from Karnataka in 2020, information from 41 sub prisons
under the supervision of the Revenue Department was not available. The Prison
Department's 6 satellite prisons have also been permanently closed.

There were 1,319 jails nationwide in 2021 compared to 1,306 in 2020, a 1.0% rise.
There are 3 other prisons, 424 district jails, 424 central jails, 148 open jails, 32
women's jails, 19 borstal schools, and 564 sub jails among the 1,319 prisons in the
country. In terms of the total number of jails, Rajasthan reported having 144,
followed by Tamil Nadu (142), Madhya Pradesh (131), Andhra Pradesh (106),
Odisha (92) and Uttar Pradesh (75). By the end of 2021, 52.3% of all prisons in the
country were located in these six (6) States. Delhi claimed to have the most Central
jails in the country, with 14. Arunachal Pradesh, Meghalaya, the A & N Islands, DNH
& Daman Diu, Ladakh, and Lakshadweep are just a few of the states and union
territories that don't have a central jail as of December 31, 2021. The most district
jails, according to Uttar Pradesh, are 62 in total. District jails won't exist in states or
UTs like Goa, Chandigarh, DNH & Daman Diu, Delhi, Lakshadweep, or Puducherry
as of December 31, 2021. The state with the most sub-prisons was Tamil Nadu (96).
The States/UTs of Arunachal Pradesh, Goa, Haryana, Meghalaya, Mizoram,
Nagaland, Sikkim, Chandigarh, Delhi, and Ladakh do not have any sub-jails as of
December 31, 2021. In India, there are just 32 women's jails with 6,767 beds spread
throughout only 15 States/UTs. These States/UTs (Number of Jails) (Capacity) are -
Rajasthan (7) (998), Tamil Nadu (5) (2018), Kerala (3) (232), Andhra Pradesh (2)
(280), Bihar (2) (202), Gujarat (2) (410), Uttar Pradesh (2) (540), Delhi (2) (680),
Karnataka (1) (100), Maharashtra (1) (262), Mizoram (1) (96), Odisha (1) (55),
Punjab (1) (320), Telangana (1) (260) and West Bengal (1) (314) and the rest of 21

45
States/UTs have no separate Women Jail as on 31st December, 2021. As of
December 31, of each year, the actual prison population rose by 2.8%, from 4,14,033
in 2020 to 4,25,609 in 2021. There were 5,54,034 inmates housed in various jails as
of December 31 of every year, up from 4,88,511 in 2020 and a 13.4% increase from
4,88,511 in 2020. Out of a total capacity of 4,25,609 in 1,319 prisons in 2021, the
Central Jails of the nation had the highest capacity with 1,93,536, followed by the
District Jails (1,63,606) and the Sub Jails (45,436). The capacities of Special Jails,
Women Jails, and Open Jails were 7,473, 6,767, and 5,953 inmates, respectively, as
of the end of 2021. The largest prison population as of December 31, 2021, was
located in District Jails (2,54,214), followed by Central Jails (2,39,311) and Sub Jails
(46,736). There were 3,808 inmates in jails for women. With 63,751 inmates spread
throughout 75 facilities, Uttar Pradesh has the greatest recorded capacity in its prisons
(15.0% of the total capacity). The following two states are Bihar and Madhya
Pradesh. Bihar has 47,750 inmates in 59 jails, or 11.2% of the total capacity. Madhya
Pradesh has 29,571 inmates in 131 jails, or 6.9% of the total capacity. There were
5,54,034 prisoners in total, of which 5,31,025 were men, 22,918 were women, and 91
were transsexual. The occupancy rate climbed from 118.0% in 2020 to 130.2% in
2021 as of December 31st of each year. The highest occupancy percentage (155.4%)
was recorded in district jails, followed by central jails (123.7%) and sub jails
(102.9%). There were 56.3% of women detained there as at the end of December
2021. The state with the most inmates as of December 31, 2021 (1,17,789), or 21.3%
of the total, was Uttar Pradesh, followed by Bihar (66,879), Madhya Pradesh
(48,513), Maharashtra (36,853), Punjab (26,146), and West Bengal (25,769).
Together, these States are home to 58.1% of the country's convicts. Uttarakhand had
the greatest occupancy rate (185.0%) as of the end of December 2021, followed by
Uttar Pradesh (184.8%), Delhi (182.5%), Sikkim (166.9%), and Madhya Pradesh
(164.1%). Out of a total of 6,767 inmates incarcerated in 32 women's prisons as of
December 31, 2021, five (5) were detained as transgender individuals (occupancy
rate: 56.3%). As of December 31, 2021, there were 19,115 women held in other sorts
of jails (i.e., those other than women jails), with an occupancy rate of 84.4%.
Uttarakhand (178.8%) had the highest female occupancy rate, followed by Bihar
(152.3%) and Chhattisgarh (147.6%). But out of all the states, Uttar Pradesh has the
most female prisoners (4,995), followed by Bihar (3,067) and Madhya Pradesh
(1,892).

46
B. Prisoner Demography in India

Year No. of No. of No of No. of Other Total No. of

Convicts Undertrial Detenues Inmates Prisoners
Prisoners
2019 1,44,567 3,32,916 3,223 681 4,81,387
2020 1,12,589 3,71,848 3,590 484 4,88,511
2021 1,22,852 4,27,165 3,470 547 5,54,034
 As per data provided by States/UTs.

A total of 18,06,823 inmates were admitted to the nation's different prisons in

2021, a 10.8% increase over the 16,31,110 inmates that were admitted the year
before. 5,54,034 prisoners were being held in various jails across the country as
of the end of 2021. 1,22,852, 4,27,165, and 3,470 Detenues made up 22.2%,
77.1%, and 0.6% of the population, respectively, at the end of 2021. Other
inmates made up 0.1% (547 inmates) of the total number of prisoners.

C. Convicted Prisoners in Indian Prison’s –

There were 1,12,589 convicted criminals as of December 31st of each year as of
2020; this number increased to 1,22,852 in 2021, an increase of 9.1%. The
majority of the 1,22,852 total inmates were being held in Central Jails as of
December 31, 2021 (66.4%, 81,551 prisoners), followed by District Jails (27.8%,
34,214 criminals), and Sub Jails (2.0%, 2,461 prisoners). By the end of 2021,
Uttar Pradesh (21.9%, 26,956 prisoners), Madhya Pradesh (15.7%, 19,266
prisoners), and Chhattisgarh (6.3%, 7,762 prisoners) were the states with the most
prisoners in the country. 1-22,852 inmates totalled 81 civil prisoners.

D. Under-trail Prisoner’s in Indian Prison’s –

The number of convicts awaiting trial as of December 31 of each year increased from
3,71,848 in 2020 to 4,27,165 in 2021, a 14.9% increase. Following Central Jails
(36.2%, or 1,54,447 undertrials), Sub Jails (10.4%, or 44,228 undertrials), District
Jails had the highest percentage of undertrial detainees as of December 31, 2021
(51.4%), or 2,19,529 undertrials. The state of Uttar Pradesh had the highest
percentage of undertrials in the country at the end of 2021 (21.2%, or 90,606),

47
followed by Bihar (13.9%, or 59,577 undertrials), and Maharashtra (7.4%, or 31,752
undertrials). Of the 4,27,165 prisoners awaiting trial, just 53 were civil inmates.

E. Detenues in Indian Prison’s –

Detenues decreased from 3,590 in 2020 to 3,470 in 2021 as of December 31 of each

year, a decrease of 3.3%. On December 31, 2021, 2,904 of the 3,470 detenues were
being held in Central Jails, followed by District Jails (10.8%) and Special Jails
(2.9%), with the other detenues being placed in District Jails and Special Jails. The
state with the most detenues by the end of 2021 was Tamil Nadu (51.2%, 1,775),
followed by Telangana (11.4%, 396), and Gujarat (10.7%, 372).

F. Women Prisoner’s with Children –

There were 1,650 women and 1,867 kids behind bars as of December 31, 2021.
These women detainees included 1,418 women awaiting trial as well as 216 women
convicted felons who were accompanied by 246 children.

G. Age-Group of the Prisoner’s –

Inmates who were 18 to 30 years old made up the largest percentage of the prison
population as of December 31, 2021 (2,41,320 inmates; 43.6%), followed by those
who were 30 to 50 years old (2,39,814 inmates; 43.3%). A total of 72,893 prisoners,
or 13.2%, were older than 50. Only 7 prisoners were in the 16 to 18 year old age
range.

H. Education level under Indian Prison’s –

The literacy levels of the 5,54,034 offenders ranged from 2,22,513 (40.2%) below
class X to 1,33,131 (24.0%) above class X but below graduation. Of the inmates,
41,565 (7.5%) had a degree, 10,082 (1.8%) had a postgraduate degree, and 7,052
(1.3%) had a technical degree or certification. 1.39.691 prisoners, or 25.2% of them,
lacked literacy.

I. Domicile of Origin of Prison’s –

48
There were 5,54,034 persons behind bars as of December 31, 2021. 90.9% of them
(5,03,805 inmates) were from the offenders' native nation, followed by 8.1% (44,664
inmates) and 1.0% (5,565 inmates) of criminals from other states. 93.4% of the
1,22,852 prisoners belonged to the State, whereas 5.8% (7,076 prisoners), 0.9%
(1,080 prisoners), and 0.9% (1,080 prisoners), respectively, belonged to Other States
and Other Countries. By the end of December 2021, Haryana had the highest
percentage of people convicted for violating other State domicile laws (16.5%, or
1170 people), followed by Madhya Pradesh (10.2%, or 719 people), and Chhattisgarh
(7.4%, or 522 people). Of the 4,27,165 people in custody awaiting trial, 90.3%
(3,85,638) belonged to the State, while 8.8% (37,377 people) and 1.0% (4,150
people) belonged to other States and other countries, respectively. The state with the
greatest proportion of other state prisoners awaiting trial at the end of 2021 was
Maharashtra (13.8%, 5,166 inmates), followed by Uttar Pradesh (11.9%, 4,465
inmates), and Delhi (10.4%, 3,878 inmates).

Year No. of Prisoners No. of Foreign Share of Foreign

at the end of the Prisoners Prisoners
year
2019 4,81,387 5,203 1.1%
2020 4,88,511 4,926 1.0%
2021 5,54,034 5,565 1.0%
J. Foreign Prisoner’s –

 As per data provided by States/UTs.

According to data, the number of foreign-born offenders increased from 4,926 in

2020 to 5,565 in 2021, a 13.0% increase (as of December 31 of each year). The
proportion of foreign inmates to all convicts as of December 31 of each year has
remained constant at 1.0% in 2020 and 2021. There were 5,565 foreign-nationality
prisoners as of the end of 2021, 4,646 of them men, 906 of them women, and 13 of
them transgender. These foreign national prisoners comprised 74.6% (4,150 inmates),
0.7% (38 inmates), 19.4% (1,080 inmates) who were convicted felons, and 0.7% (38
inmates) who were detenues. By the end of 2021, 505 detainees from Bangladesh had

49
the highest proportion of foreign inmates (46.8%), followed by those from Nepal
(26.0%), Nigeria (6.8%), and Pakistan (5.8%).The state with the highest percentage
of foreign detainees detained at the end of 2021 was West Bengal (30.5%, 329),
followed by Uttar Pradesh (23.8%, 257) and Delhi (5.6%, 61).The countries with the
highest percentages of foreign undertrials by the end of 2021 were Bangladesh
(41.8%, 1,735 undertrials), Nigeria (18.7%, 774 undertrials), and Nepal (14.2%, 589
undertrials). The state with the highest percentage of foreign defendants in custody by
the end of 2021 was West Bengal (28.4%, 1,179), followed by Delhi (14.2%, 589)
and Maharashtra (12.1%, 502).

2.3.1 Type of Offences under Indian Prison’s –

a) Convicts - Inmates of the IPC totalled 1,10,113 as of December 31, 2021, with
87.6% (96,481 inmates) having committed crimes against the human body and
9.0% (9,902 inmates) having committed crimes against property. As of December
31, 2021, murder (67.3%, 64,913 convicts) has the highest prisoner-to-offender
ratio, followed by rape (14.9%, 14,361 convicts), and attempt to murder (6.2%,
6,012 inmates). Rape was the biggest percentage of inmates that were convicted
as of December 31, 2021 (70.8%, 14,361 convicts), followed by dowry deaths
(22.0%, 4,458 convicts). As of December 31, 2021, the Liquor & Narcotics Drugs
- Related Acts (57.3%, 7,253 convicts) had the highest percentage of SLL inmates
incarcerated, followed by the Arms/Explosive - Related Acts (11.6%, 1,462
convicts), and the Crime against SC/ST - Related Acts (4.2%, 533 convicts).
Among the 1,04,735 prisoners admitted in 2021 were 3,333 habitual criminals, or
3.2% of the total.

b) Undertrial’s -Approximately 64.3% (2,08,595) of the 3,24,499 IPC undertrial

inmates imprisoned in various jails across the country as of December 31, 2021,
had committed offenses against human body, while 29.0% (94,160) had
committed offenses against property. By the end of 2021, rape (63.2%, 44,134
prisoners) and dower death (20.6%, 14,402 prisoners) had the highest percentages
of undertrial convicts for crimes against women. By the end of 2021, there were
1,02,613 people in prison awaiting trial for SLL crimes, the majority of whom
were detained under the Liquor and Narcotics Drugs Related Acts (65.2%, or

50
 66,881 prisoners), followed by the Arms/Explosive Related Acts (14.3%, or
14,677 prisoners), and the Crime Against SC/ST Related Acts (4.7%, or 4,846).

2.3.2 Sentences an Incarceration –

I. Convicts-There were 472 prisoners incarcerated in different jails across the

country as of December 31, 2021, who had been sentenced to death. In 2021, 148
of these 472 prisoners—a total of 148—were given the death penalty. Of the
1,22,852 persons who were found guilty, 73,508 received life sentences in prison,
accounting for 59.8% of all convicted. These are followed by 6.5% of all
convicted inmates (8,010) and 15.4% of all convicted inmates (18,956) who were
given terms of 10 to 13 years in prison or longer, respectively.

II. Undertrial’s -3,02,917 of the 4,27,165 prisoners in custody awaiting trial as of

December 31, 2021, or roughly 70.9% of the overall prison population, were
being kept for stays of up to a year. Out of this, 1,46,074 criminals who had been
held for up to three months and were awaiting trial made up the majority (48%).
The next two categories are pre-trial detainees who were kept for 3-6 months
(86,525) and 6-12 months (70,318). In addition, there were 24,033 undertrial
inmates (5.6% of all undertrials) serving sentences of 3 to 5 years as of December
31, 2021, along with 32,492 undertrial inmates (7.6% of all undertrials), 56,233
undertrial inmates (13.2% of all undertrials), and 24,0233 undertrial inmates
(7.6% of all undertrials). Additionally, 11,490 defendants awaiting trial who were
already convicted (representing 2.7% of all defendants awaiting trial) had been
held for more than five years.

2.3.3 Release, Transfers and Movement of Prisoner’s –

Release of undertrials grew by 13.7% (from 12,91,504 in 2020 to 14,68,627 in 2021)

while the release of prisoners decreased by 15.0% (from 1,09,516 in 2020 to 93,077
in 2021).
a) Convicts - 93,077 inmates were released in total in 2021, including 1713 who
were transferred to other States or UTs. Of the 93,077 inmates that were freed

51
 in 2021, 49.0% (or 45,652) were done with their terms. 6,712 prisoners were
released after the conviction was overturned on appeal by higher courts.
Before completing their sentences, 2,350 criminal defendants were released
from custody. All told, 198 convicts were pardoned for their crimes.
b) Undertrial’s - In 2021, there were 14,68,627 prisoners awaiting trial;
13,95,635 of them (95.0%) were released on bond. Bail releases for
defendants awaiting trial decreased from 95.4% in 2020 to 0.4% in 2021.
After the appeals court's acquittal, a total of 14,148 undertrial inmates were
freed, while 24,507 undertrial prisoners were freed based on the first instance
acquittal. No detainees awaiting trial were extradited abroad in 2021. 591
prisoners awaiting trial were released in total in 2021 under Section 436A of
the Criminal Procedure Code.
c) Detenues - Only 16.2% of the 9,409 prisoners who were released in 2021
were in total. 73.5 percent of those who had served their sentences in prison
were not freed; only 1,520 were. 6,911 people had already been let free.
d) Movements to courts - 20,86,942 prisoners were transported to courts for legal
proceedings. Among all the States and UTs in 2021, Bihar reported the most
inmate transfers to courts (4,67,675), followed by Uttar Pradesh (2,79,388)
and West Bengal (2,11,253).
e) To hospital’s - A total of 4,36,732 times, inmates were transferred to medical
facilities. Chhattisgarh recorded the most (63,896) prisoner moves for medical
care in 2021, followed by West Bengal (40,657) and Tamil Nadu (36,097). At
the end of 2021, there were 9,180 prisoners who were mentally ill.

2.3.4 Deaths and Illness in Prison’s-

Year Total No. of Deaths No. of Natural No. of Un-natural

in Prisons Deaths Deaths (incl.
Suicide)
2019 1,764$ 1,538 160
2020 1,887$ 1,642 189
2021 2,116$ 1,879 185
 As per data provided by States/UTs.

52
  According to Rajasthan, there were 66 fatalities in 2019, 56 in 2020, and 52 in
2021 for which there were no known causes..
The number of fatalities inside prisons climbed by 12.1%, from 1,887 in 2020 to
2,116 in 2021. Natural causes accounted for 1,879 fatalities in 2021 compared to
1,642 in 2020, a 14.4% rise. A total of 1,796 prisoners died from illness, and 83
prisoners passed away from old age, out of the 1,879 Natural Deaths reported by
the States.Out of 1,796 illnesses that resulted in death, 493, or 27.4%, were
caused by heart disorders, and 294, or 16.4%, by lung diseases. From 189 in
2020 to 185 in 2021, the number of unnatural fatalities in jails has reduced by
2.1%. In 2021, there were 185 non-natural deaths of prisoners, of which 150 were
suicides, 11 were murders perpetrated by other prisoners, 6 were accidents, 3
were attacks by outside forces, 1 was a result of firing, and 1 was the result of
carelessness or excess. There have been a total of 52 inmate deaths for which the
cause of death is unknown.

2.3.5 Escapes, Clashes/Group Clashes, and Jail Breaks in Prisons –

A total of 312 inmates fled during 2021, with 77 (24.7%) doing so while being held
in police custody and 235 while being held in court custody. In total, 120 escapees
were apprehended again in 2021. In 2021, there were 17 instances of prison break. In
2021, there were 63 instances of fights or group conflicts.

2.3.6 Rehabilitation Welfare of Prisons –

In total, 1,918 convicted prisoners underwent rehabilitation in 2021. In total, 1,359

prisoners received financial aid upon release in 2021. In total, 1,62,654 prisoners
received legal assistance in 2021.In 2021, there were 38,784, 32,544, 14,083, and
4,350 inmates who benefited from elementary education, adult education, higher
education, and computer courses, respectively. Additionally, the jail authorities
provided numerous vocational trainings to 39,313 prisoners in 2021. Throughout
2021, NGOs provided medical treatment to 75,318 prisoners and legal consultation to
35,240 prisoners. Inmates produced commodities worth a total of "238.25 Crore in
2021. In the year 2021, there were 202 NGOs working solely for the welfare of
women and 587 NGOs working solely for jail reforms. However, certain NGOs
53
might operate across numerous States. The National Human Rights Commission
(NHRC) received 376 complaints in total in 2021. A disposal rate of 100.0% was
achieved in 2021 with a total of 376 complaints (including those that were still
pending from the previous year). The State Human Rights Commission (SHRC)
received 470 complaints in total in 2021. A disposal rate of 89.1% was achieved in
2021 with a total of 419 complaints (including complaints that were still pending
from the previous year).

2.3.7 Prison Staff: Strength and Training

The authorized jail staff strength as of December 31, 2021 was only 64,449 as
compared to the 89,479 sanctioned staff members because of vacancies that were not
filled. The jail staff was supposed to have a staff strength of 7,461, 66,346 and 1,391,
however the actual staff strengths were 5,382, 49,573, and 886. DG/Addl. DG/IG,
DIG, AIG, Supdt., and Jail Cadre Staff included Head Warder, Head Matron, Warder,
etc. were among the officers. Probation officers, welfare officers, psychologists, and
psychiatrists were all part of the correctional staff. The Medical Staff's sanctioned
strength as of December 31, 2021, is 3,497, although its actual strength is only 2,080.
In total, there were 300 medical professionals and 8,881 female correctional officers
and staff employees. Of the 64,449 correctional personnel, 12.0% (12,903) took
refresher, specialized, and reorientation courses in 2021.

2.3.8 Prisons: Budget and Infrastructure

The overall budget for all prisons nationwide for the fiscal year 2021–2022 was
$7619.2 Crore. 88.3% of the annual budget, or $6727.3 Crore, was actually spent in
FY 2021–22. A total of 2106.86 Crore was spent on prisoners during FY 2021–22, or
around 31.3% of the total annual spending for all jails during that time. Nearly 54.3%
of inmate spending, or $1143.34 crore, was spent on food, followed by 5.0% on
medical costs, or 106.23 crore, 1.3% on clothes, or 27.78 crore, 1.0% on welfare
activities, or 20.50 crore, and 0.6% on vocational and educational trainings, or 13.16
crore. Among all the States and UTs, Haryana spent the highest money on inmates
during the Financial Year 2021–2022, followed by Andhra Pradesh (96.8%, or '167.9
Crore), and Uttarakhand (96.5%, or '4.2 Crore). In 2021, 278 of the 1,319 prisons got

54
upgrades or additions. 1102 of the 1,319 jails had video conferencing capability as of
December 31, 2021. A total of 39,159 quarters were available, which, when
compared to the actual staff strength of 64,449 as of December 31, 2021, resulted in a
satisfaction rate of 60.8%.

2.4 UNDERERTRIAL PRISONERS IN INDIA

In Indian prisons, over two-thirds of the inmates are undertrials. People who are
believed innocent and are detained mostly because they cannot afford bail. The
underlying economic discrimination that is pervasively present in the system is made
clear by this circumstance. Section 436A of the Criminal Procedure Code is examined
for its lack of implementation by the judiciary and its consistency with the right to
equality given by Article 14 of the Indian Constitution is questioned. It advocates
adding "non-discrimination on the basis of economic circumstances" to Article 15.
We also need to comprehend how undertrials are denied the right to the assumption
of innocent unless proven guilty. It illustrates the bias of the bail system against the
wealthy through the use of data, leading to an unequal administration of justice where
the poor are not fairly represented. We need to address problems like police brutality,
legal aid, and the declining standard of living for people awaiting trial, especially the
failure to keep them apart from offenders who have already been found guilty.
Furthermore, it uses key court rulings to demonstrate how the right to prompt justice
is being denied, as shown by the rise in unresolved cases. There have been several
modifications made to the bail system, undertrial inmates' quality of life, and the
judge-to-population ratio to better the circumstances of prisoners awaiting trial. The
objective is to achieve equality in the administration of justice as well as to guarantee
its fairness.
Over 280,000 convicts in India are awaiting trial, which represents more than two-
thirds of the country's entire prison population, according to the National Crime
Records Bureau (NCRB)'s most recent statistics.51 The National Legal Services
Authorities (NALSA) have been directed by the Supreme Court to work with state
governments and the Ministry of Home Affairs to set up undertrial review
committees in every district nationwide.52 The District Judge, the District Magistrate,
and the Superintendent of Police make up these committees, and they are in charge of
51
National Crime Records Bureau, Prison Statistics India, Ministry of Home Affairs (2021).
52
Re - Inhuman Conditions in 1382 Prisons, (2016) 3 SCC 700 : AIR 2016 SC 993.

55
debating and recommending whether to release convicts awaiting trial who qualify
under Section 436A of the Criminal Procedure Code (Cr.P.C.). Numerous initiatives
have been launched over the past 20 years to reduce the number of offenders awaiting
trial and decongest Indian prisons. The number of convicts awaiting trial is still
significant despite steps like the creation of fast-track courts and the digitization of
court data.
Historically, guilty inmates and those awaiting trial have shared housing in Indian
prisons. However, it is now a requirement that prison guards house inmates awaiting
trial in a separate facility. According to the Model Prison Manual, convicted inmates
should not be housed with or permitted any interaction with those awaiting trial. The
nature of the charges against them, worries about witness intimidation or obstruction
of justice, the potential for the accused to commit other crimes or fail to appear for
trial are just a few of the reasons why undertrials are kept in jail. The main goal is to
cast doubt on Section 436A's ability to uphold equality as defined by Article 14 of the
Constitution. The word "non-discrimination based on economic status" should be
included to Article 15's definition, according to the writers. The question of holding
inmates awaiting trial in custody is also investigated in light of moral values such as
justice, equity, and good conscience.

2.4.1 Indian Prisons Economic and Financial Status

Individuals are granted fundamental rights under Part III of the Indian Constitution,
including Article 14's guarantee of equality before the law and equal protection of the
laws. The grounds for which discrimination is forbidden are listed in Article 15. It is
obvious that undertrials mostly languish in jail due to their poverty when one takes
into account the aforementioned data and the observation that the wealthy and
powerful easily secure bail while others remain in prison. This suggests that people
with less financial security are frequently the targets of discrimination. It is necessary
to address the problem of defendants who are awaiting trial not being able to afford
bail because of financial hardship. It seems unfair that having financial difficulties
increases the likelihood of being imprisoned, implying that the freedom of the
wealthy is more valuable.53 This method seems incredibly unjust and prejudiced. The
53
268th Law Commission Report, Amendments to Criminal Procedure Code, 1973 - Provisions
Relating to Bail (2017).

56
disproportionate number of Muslims, Scheduled Castes, and Scheduled Tribes among
undertrials reveals both a flaw in the system as well as an inherent vulnerability and
bias against these groups.54 The bail system is biased against the poor since they find
it difficult to post bail, even for modest amounts, but wealthy people can do so
because they have the means to do so. According to Justice Iyer, Articles 14, 19, and
21 of the Constitution protect human dignity and forbid the dehumanization and
violation of a person's personhood under the guise of danger or security. 55
The
decision attempted to ensure fair treatment for both parties by removing prejudice
between "better-class undertrials" and those who are less fortunate financially.
Without any legislative restrictions, handcuffing and police abuse are commonplace
in society. There is no discernible difference in the risk that the affluent pose, so it
cannot be justifiable to handcuff solely the poor defendants while excluding them
from the proceedings.56 This unjust system is in line with the neoliberal system,
which encourages harsh workfare for the deserving poor and generous jail fares for
the undeserving, who are viewed as urban misfits. Prisons and other detention
facilities are used by the state to regulate "unruly classes" that are seen as a danger to
the status quo and social order as a result of the expanding economic inequality.
Prisons are currently being used more and more often as social control instruments
around the world, which is made possible by the abuse and contempt of existing
rules, such as preventive detention.

2.4.2 Criminal Procedure Code, 1978 – Sections 436 &436A

An undertrial prisoner may be freed on their own personal bail if they have served at
least half of the maximum term allowed for the offense they are charged with under
Section 436A of the Criminal Procedure Code (Cr.P.C.), which was added in 2005.
According to Section 436, a person who has been detained pending trial for a minor
offense and has been in custody for more than a week following the issuance of the
bail order is deemed destitute and should be released on a Personal Recognizance
(PR) Bond by the trial court. Similar to this, for more serious offenses, the undertrial
should be freed on a PR Bond if they have already served more than half of the
54
Warren L. Miller, bail Reform Act of 1966: Need for Reform in 1969,19 Cath. U.L. Rev. 24 (1970).
55
Prem Shankar Shukla v. Delhi Administration, (1980) 3 SCC 526: AIR 1980 SC 1535.
56
Khatri v. State of Bihar, (1981) 2 SCC 493: AIR 1981 SC 1068.

57
maximum sentence allowed for the charge. The National Legal Services Authorities
(NALSA) and High Courts have been ordered to closely monitor the situation as the
Supreme Court has ordered the release of all qualified undertrial inmates.57 The
permitted maximum detention term was made clear by these revisions. The legal
system has not appropriately addressed cases under Section 436 and 436A, leading to
a steady rise in the number of undertrial detainees and aggravating an ongoing
problem, notwithstanding the provision for release on bond in less serious instances.

As a result, the author have drawn attention to three serious factors that contribute to
the situation of prisoners awaiting trial: One is a lack of financial means to pay for
defence counsel. Because state governments offer free legal assistance to those in
need, the quality suffers. These attorneys have come under fire for their sporadic
court appearances and poor client communication. One major contributing factor is
the low compensation given to legal aid attorneys. Two, if the accused does not post
cash bail (PR Bond) or produce a guarantor, he will remain imprisoned until the
conclusion of the trial. The vast economic divide between the various social groups in
India makes it preferable for the impoverished to remain in jail rather than posting
bail. The people who truly needed bail have therefore not benefited much from the
financial system established by the Cr.P.C. sections (including the amendment).
Three, the appallingly low judge-to-population ratio of 18 judges per million people
is significantly lower than the advised 50.58 Fast-track courts were established, which
significantly decreased the number of cases pending but have come under fire for
putting more emphasis on case resolution than "procedure of law."59

Undertrial detainees' human rights are gravely violated by the cases' ongoing delays
in being resolved. It blatantly violates the fundamental rights that come with being a
citizen and a human. Due to financial constraints, a lack of knowledge and awareness
of potential remedies, and the denial of the opportunity to file a lawsuit to challenge
incarceration are some serious concerns.60 Can we genuinely say that justice has been
done if the accused is unable to fully defend themselves in court? When people are
unfairly denied their constitutional rights simply because they lack the resources to

57
Raghavan, Vijay, undertrial Prisoners in India : Long Wait for Justice, Economic & Political
Weekly, Vol. 51, Issue 4, (January 2016).
58
121st Law Commission Report, A New Forum for Judicial Appointments (1987).
59
The Plight of Undertrial Prisoners in India, General Knowledge Today,
(http://www.gktoday.in/blog/theplightofundertrialp risonersinindia/). ( accessed on 03 February 2023).
60
State of Rajasthan v. Balchand, (1977) 4 SCC 308 : AIR 1977 SC 2447

58
defend themselves, these issues have weakened public confidence in the legal system.
The equality principle, which the institution is supposed to uphold, is undercut by this
circumstance. It is well knowledge that trial delays in and of themselves amount to a
denial of justice. It is important to note that the most vulnerable people are less likely
to misuse the court's discretion in granting bail because of their limited means, even if
the fear of possible harm to society is what drives the detention of undertrial convicts.
Therefore, in the case of these people, the same fear that justifies their confinement is
false.

According to a ruling by the Supreme Court, people who are still awaiting trial but
have already served half of the term they would have received if found guilty should
be freed. This calls into doubt the initial imposition of these undertrials in jail.
Everyone is deemed innocent unless and unless proven guilty, which is one of the
fundamental foundations of justice.61 Undertrials shouldn't be imprisoned at all if this
idea were actually applied. The court's order suggests that the practical approach,
which treats all accused people as guilty unless proven innocent and considers their
release after serving half of their sentence to be a source of protection or relief, runs
counter to this principle. In the 2G case62, Justice Dattu, a former Chief Justice of
India, highlighted that each person is believed innocent until proven guilty and that
punishment should start after a conviction. Undertrials are given a special status
under the UN's Standard Minimum Rules, which presume their innocence and
provide for treating them as such.63 The Body of Principles64 also emphasizes how
undertrials should be treated, emphasizing that they should be presumed innocent
until and unless proven guilty in a court of law. By analogy, it can be inferred that the
idea of locking up defendants in undertrial proceedings is fundamentally incorrect.
They are entitled to compensation for the period they have been imprisoned,
regardless of the outcome of the case. Confinement may be required in specific
circumstances if there is a risk of evidence tampering or witness intimidation. To
ensure that the accused can always appeal and to stop any abuse of these powers, the
justifications and processes for such executive measures should be made transparent.
61
Woolmington v. Dpp, [1935] Ukhl 1; Golbar Husain v. State of Assam, (2015) 11 SCC 242; Vinod
Kumar v. State of Haryana, (2015) 3 SCC 138.
62
Sanjay Chandra v. CBI, (2012) 1 SCC 40 : AIR 2012 SC 830.
63
Standard Minimum Rules for the Treatment of Prisoners, Adopted by the First United Nations
Congress on the Prevention of Crime and the Treatment of Offenders, Held at Geneva in 1955, Rule 84
64
Body of Principles for the Protection of All Persons Under Any Form of Detention Or Imprisonment,
United Nations Organization, 1988, Principle 36

59
2.4.3 Legal Aid - Right to life and Personal liability

The Indian Constitution's Article 39A specifies how to give individuals who cannot
afford legal representation free of charge. It makes sure that those who have received
a sentence from a court or other body and have the right to appeal can apply for legal
aid if they are struggling financially. 65
The state government cannot use
administrative or financial restrictions as an excuse to escape its constitutional
commitment to offer the poor free legal services.66 Fairness and justice are
compromised when an accused individual cannot afford legal representation and
participates in a trial without it. The accused has a right to know their legal options,
how to enforce them, and who to contact for assistance if they cannot afford an
attorney. The Constitution's Articles 14 and 21 both cover the territory covered by
Article 39A.67 This is due to the fact that the law should be fair, just, and reasonable
in addition to being created procedurally. Without providing the accused an
opportunity to be heard, a fair judgment cannot be rendered because the verdict
would then be unfair. To ensure adherence to established legal procedures and fair
opportunity for all, legal aid is covered by Article 21.68 However, the fact that many
prisoners spend years behind bars without legal counsel is troubling. 69
There are two
main issues with Article 39A. First and foremost, ensuring that everyone has
equitable access to remedies is a problem. The majority of people living in rural areas
are uneducated and unaware of their rights, and court corruption makes it even harder
for them to access remedies. Second, there is a problem with the calibre of the legal
assistance advocates that the State is required to give. More seasoned attorneys may
be available to wealthy parties, leading to an imbalance in the courts. In addition,
there is a view that legal assistance attorneys are careless, inept, and guilty of
malpractice. Unusual appearances, a failure to update clients on the status of their
cases, and a woefully poor defence during the bail and trial phases are all complaints.
The smaller incentives offered to State advocates may cause them to exert less effort,

65
Dd Basu, Introduction to the Constitution of India, (20th Ed, 1992)
66
Hussainara Khatoon v. State of Bihar, (1980) 1 SCC 108 : AIR 1979 SC 1377
67
Maneka Gandhi v. Union of India, (1978) 1 SCC 248 : AIR 1978 SC 597.

68
Government of India, Ministry of Home Affairs, Malimath Committee Report on Reforms in
Criminal Justice System, Vol. I (march 2003).
69
Karman, Murali, & Nanda, Trijeeb, Commentary on Condition of Undertrials and Problems in
India, Economic and Political, Weekly (march 2016).

60
which could lead to skewed results. These conditions, particularly for those who are
still being tried but have not yet been found guilty, violate Articles 14 and 21.

2.4.4 Handcuffing, Police Torture & Prison Administration

The purposeful imposition of severe physical or mental suffering for a specified

reason by a public official is referred to as torture. It can encompass psychological
and emotional torture meant to engender fear and cooperation as well as physical
injury.70 It is shocking to learn that between 150 and 200 people die as a result of
police torture every year. Undertrial defendants charged with non-bailable crimes
carrying a maximum sentence of three years in jail shouldn't have to travel between
the court and the prison while being shackled.71 In one horrifying incidence of prison
abuse, 80 suspected offenders were blinded by police using needles and acid in the
case of Khatri v. State of Bihar.72 The court has already issued a writ in the matter of
Sunil Batra v. Delhi Administration 73 forbidding jail staff from physically abusing
inmates and emphasizing the importance of offering proper medical and health
amenities.

The right to live in dignity is guaranteed by Article 21 of the Indian Constitution,

which also provides inherent protections against state-inflicted torture and abuse.
Therefore, state activities that constitute torture or other inhumane treatment are
against the law. Any policy that supports or encourages torture or other inhumane
treatment cannot be regarded as fair or non-arbitrary and would be in violation of
Articles 14 and 21.74 Additionally, it would be in violation of both Article 7 of the
International Covenant on Civil and Political Rights and Article 5 of the Universal
Declaration of Human Rights.75 Undertrials cannot be tortured by the police because
they have not yet been found guilty, in violation of Articles 14, 19, and 21 in their
entirety. According to Article 21, handcuffing is only acceptable if there is proof that
there is no other way to maintain control. The use of handcuffs should only be done
as a last option because it goes against both Article 14 and Article 21 and is arbitrary

70
Arvinder Singh Bagga v. State of Uttar Pradesh, (1994) 6 SCC 565 : AIR 1995 SC 117.
71
Prem Shanker v. Delhi Administration, (1980) 3 SCC 526 : AIR 1980 SC 1535.
72
(1981) 1 SCC 627 : AIR 1981 SC 928.
73
(1980) 3 SCC 488 : AIR 1980 SC 1579.
74
Coralie Mullin v. Union Territory of Delhi, (1981) 1 SCC 608 : AIR 1981 SC 746.
75
Universal Declaration of Human Rights, Art. 5, December 10, 1948.

61
and unfair. Article 21 is regarded as being broken when detainees are physically
harmed while being held under false pretences of preserving discipline. The
government has been ordered by the court to set up welfare and rescue houses to take
care of women and children, especially those who have not been found guilty of any
crimes. Instead of the crime committed, the status of solitary confinement should be
decided based on procedural safeguards. Because there is no clear classification or
protocol for such acts, police handcuffing and torture are subject to arbitrary decision-
making. These acts violate fundamental human dignity and are irrational and
arbitrary, particularly for those who are being held without charge only because they
lack the money to post bail.

The right to live a decent and civilized life, which includes having access to basic
requirements like food, water, a suitable environment, education, healthcare, and
housing, has been interpreted as being covered by Article 21 of the Indian
Constitution. These are regarded as fundamental human rights and are necessary for
unrestricted personal growth. Prisoners are nonetheless entitled to the provisions of
Articles 14, 19, and 21 even though they do not enjoy the same freedoms as other
people.76 Untried prisoners should have separate sleeping quarters, the option to
purchase food from outside sources at their own expense, the freedom to wear their
own clean clothing or a different prison uniform, and the chance to work for pay if
they so choose, according to the Standard Minimum Rules.77 Additionally, they
should have access to education and healthcare.

Unfortunately, the circumstances in Indian prisons are atrocious, with 650-person

facilities housing 2,200 detainees, of whom two-thirds are awaiting trial. 78 Their
liberty and quality of life are violated by practices including putting inmates to
solitary cells, denying them basic necessities, moving them to faraway prisons that
restrict visits from friends and family, assigning them to degrading labour, or placing
them in the company of experienced criminals. Due to a scarcity of water, prisoners
in some prisons are compelled to clean restrooms with mud. The majority of prisons
in India do not provide the bare minimum in terms of food, water, space, comfortable

76
Tv Vaitheeswaran v. State of Tamil Nadu, (1983) 2 SCC 68: AIR 1983 SC 361.
77
Standard Minimum Rules for the Treatment of Prisoners, Adopted by the First, United Nations
Congress on the Prevention of Crime and the Treatment of Offenders, Held at Geneva in 1955.
78
Bhavna Vij Aurora, The Horror of Indian Jails, India Today, (last modified on June 24, 2011),
(http://indiatoday.intoday.in/story/right-to-justice-bill-jails-turn-into-nightmares-for-undertrials/
1/142622.html) (accessed on March02,2023).

62
sleep, and shelter.79 Even a novice offender can become a seasoned criminal due to
the tough environment. As a result, Article 21 is still unfulfilled, especially for
prisoners who are awaiting trial. The most upsetting part is that these situations also
affect innocent people, upending the very basis of justice.

When the legal process drags on unduly, it violates the values outlined in Article 21
of the Indian Constitution and is a violation of the right to a prompt trial. Due to the
nature of criminal law, the fair, just, and reasonable procedure guaranteed by Article
21 requires the right to a fast trial, which is in the public and social interest. All
phases of the legal process, including the investigation, inquiry, trial, appeal, review,
and retry, are covered under the right to a timely trial. Avoiding lengthy detention of
the accused before conviction is crucial since it not only places them under physical
restraints but also puts them through mental suffering. However, it would be
impractical for the court to set a fixed deadline for the start of the trial. The
government cannot use budgetary restrictions and spending priorities as an excuse to
shirk its duty to deliver swift justice. Rapid justice has been viewed as a serious
failing of the judicial system, leading to unduly lengthy incarceration without trial.
When the right to a prompt trial is disregarded, the conviction that results might be
thrown out as unfair.

Beyond following the norms of Article 21, there are two more important
considerations to ensure a fast trial. First, it is frequently used as a defense strategy to
delay trials, which is frequently unjustified. Without good cause, applications for
adjournment are regularly made, which causes unjustified delays and puts the
undertrial through financial, physical, and mental stress. Additionally, this adds to the
stress on the court system, increasing workload. Second, people accused of small acts
who might not be sentenced to long terms of incarceration are made to wait a long
time for their trials. They sit in jail without access to bail if they are economically
vulnerable and without support. The Criminal Procedure Code's (Cr.P.C.) Section
309, which permits adjournment at the court's discretion depending on what it deems
reasonable, raises another problem.80 The issue is made worse by the repeated
adjournments that are frequently caused by this discretionary power. It is essential to

79
P Bharti v. Union Territory of Pondicherry, (2007) 1 MLJ 345.

80
Abdul Rehman Antulay v. R.s. Nayak, (1988) 2 SCC 602 : AIR 1988 SC 1531

63
prioritize and assure prompt justice since it promotes trust and ensures social stability.
Delay in delivering justice is equivalent to denial of justice.81

2.4.5 Judicial and Precedents: An Overview

Over time, the Indian judiciary has developed to safeguard the rights of the accused
and establish rules for expeditious trials. In the case of Maneka Gandhi v. Union of
India, the Supreme Court emphasized that the procedure established by law must be
fair, just, and reasonable.82 Subsequently, in the landmark Hussainara Khatoon v.
State of Bihar83, the court recognized the right to a speedy trial under Article 21 of
the Indian Constitution, which guarantees the right to life and personal liberty. This
case shed light on the plight of undertrial prisoners in Bihar who had been awaiting
trial for years, often for minor offenses. The court addressed the issue of whether the
rights to speedy trial and free legal aid are encompassed within Article 21 and also
provided guidelines for humane prison administration. The judgment extended the
scope of Article 21 to cover undertrials and acknowledged the flaws in the bail
system, particularly its impact on impoverished individuals. Procedural deficiencies
in the police system were acknowledged, and the court issued guidelines for the
treatment of undertrials.

In the Pehadiya84 case, the court expressed grave concern over the disregard and
apathy of the legal and judicial system towards prisoners who languish in jails for
extended periods. Similarly, in Shabbu v. State of U.P.85, the Allahabad High Court
interpreted Section 428 of the Cr.P.C. to alleviate the distress faced by undertrials by
implementing a "credit system" that reduces the time they have spent in jail. To
address the unfair bail system, the Supreme Court issued guidelines in the case of
Supreme Court Legal Aid Committee Representing Undertrial Prisoners v. Union of
India.86 These guidelines included the release of undertrial prisoners accused of
offenses punishable by up to five years if they have served half of the sentence. For
offenses carrying a punishment of more than five years, a minimum bail amount of
Rs. 50,000 was stipulated, and for offenses with a punishment of over ten years, the
81
Kadra Pahidya v. State of Bihar, (1981) 3 SCC 671 : AIR 1981 SC 939.
82
(1978) 1 SCC 248.
83
(1980) 1 SCC 98
84
Kadra Pahidya v. State of Bihar, (1981) 3 SCC 671 : AIR 1981 SC 939.
85
1982 Crl. L.J. 1757.
86
(1995) 4 SCC 695.

64
undertrials should be released after serving five years and providing a bail amount of
Rs. 1 lakh. However, some consider these guidelines inadequate as they may still
pose a financial burden for the destitute. Additionally, the effectiveness of these
provisions has been limited due to a lack of awareness and the insistence of trial
courts on bail bonds for release.87

In Jagannath v. The State88, the Madras High Court ruled that undertrial prisoners
against whom chargesheets had not been filed within the time limit prescribed in
Section 468(2) of the Cr.P.C. should be released, as further detention would violate
their fundamental right under Article 21. The issue of delay in providing justice was
also raised before the Supreme Court in a petition by an NGO, prompting the court to
remark on the prolonged pendency of cases involving minor offenses and the
resulting imprisonment of poor and helpless individuals.89

In Shankara v. State (Delhi Administration)90, the Supreme Court categorized

undertrials as "poor" and "non-poor" and highlighted the disparity in their treatment.
Non-poor undertrials often secured bail quickly by providing substantial personal
bonds and multiple sureties, while poor undertrials languished in jail due to their
inability to meet even minimal bail requirements. The court recognized this as a
violation of their freedom and liberty based solely on their poverty. The judgment
allowed undertrials facing difficulty in fulfilling bail conditions to approach the court
for relief.

Finally, in the case of Re: Inhuman Conditions in 1382 Prisons91, the Supreme Court,
through Justice Lokur, addressed various issues concerning the conditions of accused
and undertrial prisoners and issued guidelines for prison reform to protect their rights.
These guidelines included the establishment of Under-Trial Review Committees in
each district to ensure compliance with relevant sections of the Cr.P.C. and imposed
obligations on police officers to ensure humane living conditions for prisoners.

Overall, these legal developments and landmark judgments demonstrate the Indian
judiciary's commitment to protecting the rights of the accused, particularly with

87
Utkarsh Anand, SC: Release Undertrials who have Served half their Jail Terms, Indian Express (4
September, 2014).
88
1983 Cri LJ 1748.
89
(1996) 4 SCC 33.
90
1996 Cri LJ 43.
91
(2016) 3 SCC 700: AIR 2016 SC 993.

65
regards to speedy trials and the fair treatment of undertrial prisoners. These measures
aim to rectify the flaws within the system and provide relief to those who suffer
prolonged detention and deprivation of their fundamental rights.

To ensure that prison administration and facilities meet basic human standards, the
following measures can be taken:

1) Prisoner Classification: Offenses should be categorized based on their

serving time, and prisoners should be classified accordingly. Separate
facilities must be provided for undertrials without delay.
2) Autonomous Body for Legal Aid Oversight: Undertrials should only
be kept in custody if they have engaged a legal aid lawyer. These
lawyers should be accountable to an autonomous body that reviews
their performance, ensuring a minimum standard of expertise and
fairness.
3) Bail Reforms: The bail system should be reformed to make it
affordable. Bail amounts can be determined based on the income level
of the accused, similar to the taxation system. Personal bonds should
be allowed for a wider range of offenses.92 Non-appearance on a
personal bond can be treated as an offense to discourage absconding.
Economic status should not be a basis for discrimination, and this
principle should be included in Article 15 of the Indian Constitution.
4) Enforcement of Sections 436 and 436A of the CrPC: Undertrial
prisoners should be released promptly under these sections once they
have served half of their sentence, provided they are found guilty of
the offense. The language of these sections should be clear in stating
that bail is a right and should not be undermined by unreasonable or
excessive sureties.93 The demanded sureties should align with Section
440 of the Cr.P.C., considering the circumstances of the case and not
being excessive.
5) Rehabilitation for Undertrials: After release, a policy should be
established to help undertrials reintegrate into society. Compensation
schemes should be implemented for those who are proven innocent
92
78th Law Commission Report, Congestion of Under Trial Prisoners in Jail (1979).
93
268th Law Commission Report, Amendments to Criminal Procedure Code, 1973 - Provisions
Relating to Bail (2017).

66
 after the trial, following the example set by the European Convention
on Human Rights. Section 358 of the CrPC, which currently sets a
maximum compensation limit of Rs. 1000 for wrongful arrests, should
be amended to provide fairer compensation.94 Prison departments
should also employ trained social workers to support prisoners, their
families, and those acquitted, promoting their legal rights and
rehabilitation. Additionally, obsolete laws, such as Section 377 IPC,
should be removed for trial efficiency. Minor offenses, like
pickpocketing small amounts, could be decriminalized and handled
under tort laws. The implementation of the Probation of Offenders Act,
which allows release of offenders for less serious crimes back to the
community under certain conditions, should also be ensured.
6) Improving the Judge-Population Ratio: Increasing the number of
judges, as recommended by various committees, is crucial. The
ongoing national debate surrounding judicial appointments needs to be
resolved. To address the issue of undertrials, more judges should be
appointed at the local level through judicial services examinations. It is
important to raise awareness among legal professionals about the
significance of opting for judicial services. Reforms and dedicated
individuals are needed to cleanse and improve the Indian criminal
justice system, ultimately serving the nation's people.

94
European Convention on Human Rights, Art. 5(5), 4 November, 1950.

67
 CHAPTER THREE
CYBER LAW AND ITS REFORMS

3.1. INTRODUCTION

The value of information lies in its extraction, processing, and utilization. Information
technology encompasses various aspects such as information systems, data storage,
access, retrieval, analysis, and intelligent decision-making. It involves the creation,
gathering, processing, storage, presentation, and dissemination of information,
facilitated by computer hardware, software, and telecommunication infrastructure.
However, alongside its benefits, information technology also presents global
challenges like cybercrimes and cyber terrorism. The founders of the internet did not
anticipate its transformation into a pervasive revolution prone to misuse and requiring
regulations. The misuse of technology has reached its peak, leading to cybercrimes
such as stalking, harassment, fraud, defamation, spam, hacking, trafficking,
distribution, and the dissemination of explicit material. Consequently, the enactment

68
and implementation of cyber laws have become necessary. As we entered the new
millennium, computers gained popularity in all aspects of life, including criminal
activities. Computers now play a significant role in almost every crime, although not
all crimes are computer-related. Law enforcement agencies need to enhance their
computer literacy to keep pace with criminals.

According to Donn Parker, computers and automated processes have enabled the
possession, not just the commission, of a crime. Criminals can pass software
containing complete crimes between one another, adapting and improving it to suit
their needs. However, the effectiveness of cyber laws in controlling cybercrime
remains a crucial question. Until recently, many IT professionals lacked awareness
and interest in the phenomenon of cybercrime. Law enforcement officers often lacked
the necessary tools to tackle the problem, as existing laws did not fully address the
crimes being committed. New laws struggled to keep up with the evolving nature of
cybercrimes, and there were limited legal precedents to guide enforcement efforts.
Additionally, debates surrounding privacy issues hindered the collection of evidence
needed for prosecution. Furthermore, a certain level of antipathy or distrust existed
between law enforcement agencies and computer professionals, who are essential
players in combating cybercrime. Close cooperation between these two entities is
vital to effectively address the issue and ensure a safe online environment.

Law enforcement personnel possess knowledge of criminal behavior and evidence

gathering, while IT professionals understand computers, networks, and information
tracking. Collaboration between the two is necessary to combat cybercriminals
successfully. IT professionals require clear definitions of cybercrimes to know what
to report to the police, while law enforcement agencies need statutory definitions to
charge criminals. The initial step in defining individual cybercrimes is to categorize
various acts that can be considered cybercrimes into organized groups.

It would be inappropriate to define cybercrimes as "acts that are punishable by the

Information Technology Act" because numerous cybercrimes, like email spoofing,
cyberdefamation, sending threatening emails, etc., are also covered by the Penal
Code, 1860. Cybercrime can be defined as an illegal act in which a computer is either
a tool, a target, or both, according to a straightforward yet reliable definition.
1. Examples of crimes committed online:

69
 a) Criminals can use computer networks in an anonymous manner.
b) Hackers violate people's privacy.
c) When it comes to computer files or records, hackers destroy "property".
d) By destroying information systems, hackers hurt other computer users.
e) Intellectual property is stolen by computer pirates.
2. In addition to other offenses, the Information Technology Act addresses the
following cybercrimes:
a) Modification of digital source documents Hacking,
b) publishing obscene material online,
c) publishing child pornography,
d) accessing a protected system, and
e) Breach of privacy and confidentiality

3.2. CYBER CRIMES OTHER THAN THOSE UNDER IT

Cyber stalking, Cybersquatting, Data diddling, Cyber defamation, Trojan attack,

Forgery, Financial crimes, Internet time theft, Virus/worm attack, Email spoofing,
Email bombing, Salami attack, Web jacking. Cybercrime and cyberterrorism are both
crimes committed in the digital realm. However, they differ in terms of the motive
and intention behind the actions. Cybercrime can be defined as an illegal act where a
computer serves as either a tool or target, or both. On the other hand, cyberterrorism
requires a more detailed explanation. It refers to the deliberate use of disruptive
activities or threats in cyberspace with the aim of furthering social, ideological,
religious, political, or similar objectives, or to intimidate individuals in pursuit of
such objectives. The individuals who commit unlawful acts with a guilty intention are
referred to as offenders or criminals. In the context of cybercrime, those who engage
in such activities are known as cybercriminals. Cybercriminals can range from
children and adolescents aged 6 to 18 years, organized hackers, professional hackers
or crackers, disgruntled employees, cheaters, to individuals with malicious intent.
(a) Kids and teenagers (Age group 9-16): Surprisingly, many amateur hackers and
cybercriminals fall within the teenage demographic. For these individuals who are
just beginning to explore the world of computers, hacking into computer systems or
websites becomes a matter of pride and a way to appear smart among their peers.
Some young rebels may unknowingly commit cybercrimes without realizing the

70
consequences. According to the BBC, teenage hackers have transitioned from seeking
recognition to engaging in criminal activities. The financial incentives associated with
malicious programs have contributed to the rise of teenage offenders in cybercrimes.
Additionally, the lack of awareness among young college students about the
seriousness of cybercrimes has led to an increase in their involvement. Initiating
counseling sessions for college students to educate them about the gravity and
consequences of such crimes is crucial.
(b) Organized hacktivists: Hacktivists are hackers who are driven by specific motives,
often related to politics or social activism. For instance, the cyberattacks on
approximately 200 prominent Indian websites conducted by a group of hackers
known as Pakistani Cyber Warriors exemplify political hacktivism.
(c) Disgruntled employees: The level of resentment that dissatisfied employees can
harbor is quite astonishing. Previously, their recourse would be limited to going on
strike against their employers. However, with increased reliance on computers and
process automation, disgruntled employees can now inflict more harm by committing
computer-related crimes that can disrupt entire systems.
(d) Professional hackers (Corporate espionage): With extensive computerization,
businesses store their valuable information electronically. Rival organizations may
hire hackers to steal industrial secrets and other valuable data. The temptation to
employ professional hackers for industrial espionage arises from the fact that hacking
eliminates the need for physical presence to gain access to important documents.
Cybercrime and cyberterrorism both involve illegal activities in the digital domain,
but they diverge in terms of intent and motive. While cybercrime refers to unlawful
acts involving computers as tools or targets, cyberterrorism entails purposeful
disruption or the threat thereof in cyberspace with the aim of advancing social,
ideological, religious, political, or similar objectives, or intimidating individuals for
such purposes. Perpetrators of illegal acts with malicious intentions are considered
offenders or criminals, and in the realm of cybercrime, they are referred to as
cybercriminals. Cybercriminals encompass various groups, including children and
teenagers (aged 9-16), organized hacktivists driven by political or social causes,
disgruntled employees seeking revenge or causing damage to employers through
computer-related crimes, and professional hackers engaged in corporate espionage.
Awareness and counseling initiatives are needed to educate young individuals about
the seriousness and consequences of cybercrimes, while businesses must be vigilant

71
against insider threats posed by dissatisfied employees and external risks associated
with professional hackers.
Electronic devices, either as targets or tools, play a significant role in cybercrime.
Unlike traditional crimes, cybercrimes often involve electronic evidence or the use of
information and communication technology (ICT) tools. Nowadays, technological
evidence such as phone conversations, text messages, emails, and computer files are
integral to the majority of crimes. In India, most cybercrime cases are prosecuted
under the Indian Penal Code and laws on economic offenses, with only a small
fraction falling under the Information Technology Act. However, the IT Act allows
for the admissibility of electronically stored information in legal proceedings.
Cybercrime knows no geographical boundaries and is recognized as a national
security concern, with information warfare posing a serious threat. Real-time
international cooperation is crucial in combating cybercrime, and foreign countries'
computer forensic investigations should be acknowledged in domestic legal
systems.To avoid negative publicity and loss of client trust, many businesses choose
not to report network attacks to the police. They fear that authorities might seize their
servers, resulting in substantial financial loss. However, sweeping such incidents
under the rug only boosts offenders' confidence. The emergence of new technologies
has impacted society and crime patterns, necessitating a re-evaluation of the criminal
justice system to address these effects.
Computer forensics, also known as digital or cyber forensics, has become a crucial
field due to the prevalence of electronic evidence even in minor crimes. It involves
analyzing various digital devices and data sources to gather evidence for criminal or
civil cases. Live and recorded data are examined, encompassing tasks like speaker
identification, video authentication, email tracing, file recovery, password decryption,
and uncovering concealed communications. Server and router log files play a vital
role in these investigations, requiring cooperation from administrators, whether local
or international.
In recent years, computer forensics has garnered significant interest. Unlike
traditional crime investigations, there is no comprehensive manual or standard
operating procedure for cybercrime investigators. Specialized skills and expertise are
required to conduct proper search and seizure of electronic devices and evidence.
Failure to record and preserve electronic evidence adequately can lead to damage or
tampering, potentially making investigators liable. Furthermore, many investigative

72
tools used are not formally validated due to the complex and ever-evolving nature of
the ICT sector, which means investigators may rely on technologies whose legality
cannot be verified through a formal legal process. Cybercriminals are often highly
educated and technologically proficient, surpassing the knowledge of many police
officers. They employ various anti-forensic tools and techniques to evade forensic
software and use robust encryptions and locks that are challenging to crack. These
barriers serve to conceal their identities and activities from detection.

3.3. JURISDICTION UNDER CYBER CRIMES

Generally speaking, computer crime, cybercrime, e-crime, hi-tech crime, or electronic

crime refers to criminal conduct when a computer or network is the source, tool, goal,
or location of a crime as well as traditional crime committed through the use of
computers, such as child pornography, Internet fraud. In addition to cybercrime, there
is "computer supported crime," which refers to criminals using computers for
document or data storage as well as communication. Even while they may not be
unlawful in and of themselves, these acts are frequently very helpful in the
investigation of genuine crimes. In terms of concerns like privacy, as it relates to data
mining and criminal investigations, computer technology brings numerous new
difficulties to social policy.
Internet access is not limited by fictitious national borders. It is a widespread
occurrence. Through the internet, one can find information anywhere in the globe.
While these electronic communications disrupt geographic borders, a new barrier that
separates the virtual world from the "real world" is created by screens and passwords.
This new line of demarcation designates a unique Cyberspace with a need for and
capacity to develop its own laws and judicial systems. Authorities responsible for
drafting and enforcing laws on a territorial basis view this new environment as
extremely dangerous. Transnational business transactions and legal conflicts have
increased since the emergence of the internet. The ability of a court to decide a
particular dispute, the ability of a court to hear and decide a case, the authority of a
court to hear and trial a case, or the range of cases that a court can hear are all
examples of jurisdiction.

3.4. CYBERSPACE –

73
The term "cyber space" was first made popular by William Gibson, who later
described it as "an evocative and essentially meaningless" jargon that could be used
as a cipher for all of his cybernetic theories (the transformation of a text to disguise
its content). Anything related to computers, information technology, the internet, and
the diverse online culture is now covered under the phrase.95 Cyber Space is the
phrase used to define the virtual setting in which all interactions and acts using
information technology take place. Cyberspace does not have a physical location.
Your website, blog, social media profiles, email accounts, private information, and
reputation are examples of immaterial components.96 Cyberspace is like a huge
electronic city with no real physical borders and quick communication. Cyberspace is
the term used to describe the electronic space created by computer networks. It serves
as a venue for online communication and offers opportunities for interaction,
business, activism, the production of artistic media, gaming, political debate, and
more.97
The new frontier of cyberspace is a resource that is available to everyone, but
tragically, some people abuse it. Cyberspace is thus a new arena for many different
kinds of crimes. Anything related to computers, information technology, the internet,
and the diverse online culture is now covered under the phrase. The term "netizen,"
which combines the words "Internet" and "citizen," refers to those who engage in
online activities. As a result, a netizen is somebody who uses computers, information
technology, or the Internet.
According to Webster's Dictionary, cyberspace is an electronic network of connected
computers, message boards, and other devices that is viewed as a limitless
environment that offers access to information, interactive communication, and, in
science fiction, a type of virtual reality.98 "The notional environment in which
electronic communication occurs or virtual reality"99 is what cyberspace refers to.
According to Chip Morningstar and F. Randall Farmer, the social interactions that
take place in cyberspace are what give it its distinctive characteristics, not the
technical execution. The main need is that there must be a large number of
95
Jyoti Ratan, Cyber Laws & Information Technology, (2014).
96
Anirudh Rastogi, Cyber Law- Law of Information Technology and Internet, (2014).
97
Veer Singh and B.B. Parsoon, Cyber Crimes and the Need for National and International Legal
Control Regimes, PULR, vol. 44, (2002).
98
Krishan Pal Malik, Computer & Information Technology Law, (2010).
99
Lawrence Gomes, “Cyber Crimes”, Criminal Law Journal, vol. 4, (2001).

74
participants in the ecosystem who may interact and influence one another.
Cyberspace's computational media serves as an addition to the channels that real
people utilize for communication.
Crimes have, as it is so aptly stated, " always depended on the intensity, vitality, and
ebbs and flows of public opinion from period to time, country to country, and even
within the same country, decade to decade."100 Since the dawn of society, crime has
existed and will continue to exist. As long as society tightens its security measures,
criminals will alter their tactics. An effort has been made to explain the concept of
crime from its very early history to the present day in order to comprehend it.
Crime and criminality have always been associated with man since his fall. Crime
persists and constantly tries to hide despite advancements. Different nations have
used different strategies to tackle crime depending on the kind and extent of the
crime. Because the bonds of family and community were much stronger than those of
an individual, the wronged party and his kindred could avenge the wrong through
private retribution and self-redress. Historically, recourse to legal remedy was only
seen as an optional supplement to self-redress, which caused English society to
confuse crimes with torts prior to the tenth century. At that time, the perpetrator was
required to make a financial settlement with the victim of their wrongdoing, with the
amount of the settlement depending on the severity of the harm done and the victim's
social standing. As opposed to today, we can say that the law did not have to be
enforced in earlier times to control social relations. In the 12th and 13th centuries,
early British culture only saw acts against the state or the religion as crimes, not acts
against ordinary people. There was no distinction between the rules of crime and the
laws of torts in the early cultures, which were completely ruled by the rule of wrongs.
In modern legal systems, when an offence is committed, the law is immediately
implemented regardless of the wishes of the party who was victimised, while in
ancient cultures, the law was only put into action when both parties desired to submit
to the ruling. In criminology, the 18th century is also known as the "era of miraculous
reorientation" since it was formerly thought that no one, not even the perpetrator of
the crime, had any involvement in it other than the wrongdoer. The connection
between the idea of crime and the social policies of the day was immediately
apparent. Here's an explanation of these two time frames:

100
R.C. Nigam, Law of Crimes in India, Principles of Criminal Law, vol. 1, (1965).

75
Concept of Crime in Ancient India , Ever since man fell, crime and criminality have
been linked to him. Despite advancement, crime is still elusive and always tries to
conceal. Depending on the type and scope of the crime, different countries have
implemented various tactics to combat it.101 Because the bond between family and
community was much stronger than that of the individual, the injured party and his
kindred could avenge the wrong through private retribution and self-redress, and
recourse to legal remedy was only seen as an optional supplement to self-redress
historically, leading English society to confuse crimes with torts before the tenth
century.102
At that time, the perpetrator was required to make a financial settlement with the
victim of their wrongdoing, with the amount of the settlement depending on the
severity of the harm done and the victim's social standing. As opposed to today, we
can say that the law did not have to be enforced in earlier times to control social
relations. Early English culture only considered activities to be crimes if they were
performed against the state or the religion throughout the 12th and 13th centuries, not
against other people. Early cultures were exclusively governed by the rule of wrongs,
and there was no distinction between the laws of crime and torts. In modern legal
systems, when an offence is committed, the law is immediately implemented
regardless of the wishes of the party who was victimised, while in ancient cultures,
the law was only put into action when both parties desired to submit to the ruling. In
criminology, the 18th century was known as an era of miraculous reorientation, and it
was thought that no one, not even the outside authorities, had any involvement in the
crime other than the perpetrator. The connection between the idea of crime and the
social policies of the day was immediately apparent.
Crime was also less prevalent in the ancient society since many facets of human life,
including agriculture, political institutions, health care, medical knowledge, and basic
utilities, were still in their infancy. However, when it happened, it was typically of a
simple type and resulted from inferior human instincts like lust, avarice, retaliation,
envy, and sexual drive.103 It was also said that historically, crimes were also
committed with the use of physical force, terrifying objects, and body muscles. The

101
Aghatise E. Joseph, “Cyber Crime Definition”, Cyber Crime Research Centre (Last modified on
June 28, 2006), available at: http://www.scribd.com/document/195552552/Cybercrime-Definition
(Accessed on Feb. 22. 2023).
102
Amita Verma, Cyber Crimes & Law, (2009)
103
Talat Fatima, Cyber Crimes,( 2011)

76
incidence of crime in western countries is significantly higher than that in India
because of the variations in socioeconomic systems between western and eastern
countries.104 Crime is increasing at an increasing rate as a result of modernity,
urbanization, industrialization, scientific and technological growth, and civilisation.
The scientist is fully aware of the methods for detecting criminals who are engaged in
committing crimes while also avoiding being caught because there is little risk
involved in doing so. There was a greater need for a fresh strategy to crime and
criminals in order to deal with the new conditions and criminals that appeared as a
result.
Second, "Modern approach to crime is functional approach" is the definition of crime
in the modern era.105. A functional strategy is used nowadays to combat crime. The
development of science, the industrial revolution, the improvement of political
institutions, the enlightenment of the individual through education and academics, the
loosening of the hold of religion on society, and the eroding of moral standards have
altered the patterns of crime in modern society, particularly in the information society.
Because it has so many different types of crimes, the law is constantly evolving,
adding new ones to the list of crimes while also revising, adjusting, and repealing old
ones.106 Amazing transformations have taken place in the criminal justice system. The
way that people have developed within society has an impact on how crime is
perceived around the world. A crime may not be a crime in one nation but it may be
in another.
As a result, the idea of crime has distinct connotations in various cultures and
historical periods. Because of economic expansion, wealth concentration, and the
rapid development of mass media, the definition of traditional crimes like murder,
dacoity, robbery, burglary, theft, prostitution, rape, etc. has changed both qualitatively
and quantitatively, giving rise to new types of crimes. The length of a crime wave is
now measured in hours and minutes, rather than months and years as it once was.107
Its growth can also be attributed to social and economic factors, but it also has other
factors that contribute to its unabated growth, including its ability to give criminals a
reasonable level of anonymity and the inapplicability of geographical borders, which
makes it impossible to define jurisdiction and gives criminals a chance to avoid
104
N.V. Paranjape, Criminology and Penology, (2007).
105
R.C. Nigam,Law of Crimes in India, Principles of Criminal Law, vol. 1, (1965).
106
Amita Verma, Cyber Crimes & Law,7th edition p.45, ( 2009)
107
D.S. Wall, Cyber Crime: The Transformation of Crime in the Information Age, (2007)

77
prosecution, which encourages them to commit more crimes. Because of its size,
anonymity, and absence of governmental regulation, cybercrime is best understood in
the context of all other crimes.108

3.5. CRIMINAL LIABILITY IN CYBER CRIMES

Mens rea and actus reus are two of the two aspects of crime, according to the notion
and nature of crime. For crimes against the State like fabricating evidence, forging
money, white collar crime, etc., alone actus reus is required to impose criminal
culpability. A person cannot be found guilty of a crime unless the prosecution can
prove it beyond a reasonable doubt and his act or omission is prohibited by the law,
according to the general rule of criminal law. The perpetrator is accountable for the
crime if they were in a particular state of mind when it was committed. In addition,
it's thought that mens rea without actus reus does not equal a crime, and vice versa. In
cases of cybercrime, it might be difficult to prove both elements of a crime. A very
active and varied actus reus is cybercrime.109 When someone first starts using a
computer with a keyboard and mouse and tries to access information on another
person's computer without that person's consent, that person is demonstrating the
existence of actus reus in cyberspace, which the law strives to regulate. Cybercrimes
have created a debate over whether new legislation is necessary to confront this new
type of criminality.110 According to order school of thought, the only distinction
between cybercrimes and other crimes like trespassing, theft, and conspiracy is that a
computer was employed as the means or instrument of the crime. The order school
gives significant weight to how novel emerging technologies are and how they
present a unique set of issues that are not already covered by criminal law. Examples
include the type and scale of cybercrimes, the difficulties in identifying offenders,
jurisdiction, and enforcement.111 It argues that in order to address cybercrimes, new,
comprehensive law is required. Two approaches can be used to control cybercrimes:
first, computer crime must be treated as both a traditional crime and a modern crime
committed with the aid of high-tech computers; second, computer crime must be
treated as a crime that is distinct in nature for which a new legal framework is needed.
108
Amita Verma, Cyber Crimes & Law, (2009)
109
M. Dasgupta, Cyber Crime in India- A Comparative Study, (2009).
110
Watkins, Computer Crime: Separating the Myth from Reality, C.A. Magazine, (1981).
111
Parker, Computer Abuse Research Update, Computer Law Journal, vol. 2, (1980)

78
3.6. THEORIES OF CRIMINAL BEHAVIOUR IN

Numerous criminologists' views on cybercrime focus at the motivations behind

criminals' delinquent online behaviour in an effort to explain criminal behaviour
there. In addition, these theories make an effort to create effective legal rules for the
prevention and management of this form of aberrant behaviour among
cybercriminals. Criminal science can be useful in three primary areas for this. The
first is criminology, which focuses on how elements like atomic structure, social
environment, and genetic history might influence how crimes are committed.
Penology, or theories of punishment, is the second branch of criminal science. These
theories cover a variety of topics, such as prevention, rehabilitation, deterrence,
reformation, treatment, and correction. In order to reduce crime, these theories ought
to be compatible with the current social climate. Criminal law, which is substantive
law that both defines crimes and specifies punishments, such as the Indian Penal
Code 1860 for the commission of illegal activities that are against the law and against
public policy, is the third topic of criminal science. Following is an explanation of the
numerous views of illegal behaviour in cyberspace:
1. Differential Association Theory: According to Edwin Sutherland's 1947 book
"Principles of Criminology," contemporary society is made up of a number of
normative and behavioural systems that compete with one another. This
theory is based on this premise. This theory focuses on the conflicting ideas of
what constitutes acceptable behaviour, which are a factor in many crimes.
Whether they are criminal or sober, people pick up certain behaviours through
discussion with other people. When they adopt criminal behaviour from their
close-knit groups through communication, they usually use the same methods
and approaches, committing similar crimes as a result.112According to this
view, people primarily pick up the attitudes, values, methods, and motivations
for criminal behaviour through social interaction. This theory focuses on how
deviants learn to become criminals and mainly discusses ideas of deviance.
Modern society has many high-tech societies, and it is becoming common to
witness cybercriminal organizations. In 1993, R. Blackburn made the accurate
claim that peer pressure and peer views have an impact on a person's
112
Edwin Sutherland, Principles of Criminology, (1947).

79
 behaviour. In 1989, C. Hollin acknowledged this in his book "Psychology and
Crime: An Introduction to Criminological Psychology," in which he asserted
that people who hang out with criminals don't necessarily have to be criminals
themselves; rather, they only need to exhibit conditions that encourage crime.
2. Social Learning & Bonding Theory -Social learning theory elaborates on
Edwin Sutherland's Differential Association Theory, which holds that criminal
behaviour is learned by close contact with criminals. The social learning
theory postulates that cybercriminals learn their techniques from others
through imitation at first, followed by reinforcement of the behaviour by those
individuals. This theory is related to the copycat works of Professor Albert
Bandura. The main goal in developing Hirschi's Social Bonding Theory was
to identify the things that prevent people from committing crimes. It explains
why someone is less likely to commit a crime based on their amount of
attachment, commitment, and participation as well as their values. Cybercrime
is tragically turning into a form of profession rather than a crime around the
world due to the temptation of easy money offered to the offenders. People
autonomously decide whether they can commit a crime or not, according to
the rational choice theory, which is founded on a simple cost-benefit analysis.
This is entirely based on their own free will.
3. Structural-Functional Theory -According to the structural-functional theory,
crime and deviance are inherent elements of social structure. According to this
theory, society is an organism made up of a network of interconnected parts,
each of which helps to increase the effectiveness and efficiency of society as a
whole.113 The widely accepted structural-functionalism thesis postulates that
society is made up of order, relationships, and balance among its individual
parts in order to maintain the effective operation of the whole. The theory
emphasizes notions that social change proceeds gradually and in an orderly
manner, with a primary focus on social order, which is based on unspoken
understandings between groups and organizations. This concept also enables
us to see that crime and deviance are not merely the fault of a small number of
bad actors, but rather an essential prerequisite for constructive social
engagement. this idea, Merton seeks to draw attention to a conflict between:
1. A society's cultural objectives
113
Ibid..

80
 2. The legal or established methods to accomplish these goals

4. Space Transition of Cyber Crimes –The expansion of cybercrimes into new

spaces This idea, put out by Jaishankar Kumar, describes how crimes
committed online first came to be. The internet is a fascinating new territory
for criminologists. Virtual reality and computer-mediated communications
present a challenge to the traditional terminology of criminology by giving
new sorts of deviance, crime, and social control. Some researchers have used
multiple traditional theories to try and explain cybercrimes, including Routine
Activities Theory, Cohen's Strain Theory, Deindividuation Theory,
Gottfredson and Hirschi's General Theory of Crime, Moral Development
Theory, and Kohlberg's Differential Reinforcement Theory.114 This hypothesis
aims to describe the nature of criminals' actions both in physical and virtual
environments. This idea holds that people act differently when moving from a
physical space to a virtual space and vice versa.
The key tenets of the thesis are:
• People would be unable to conduct a crime in a physical location due to
their status and position, but because of their repressed criminal behaviour,
they are more likely to do so online.
• A number of elements, such as identity flexibility, dissociative anonymity,
and a lack of deterrence, are available in cyberspace and give criminals the
option to perpetrate cybercrime.
• Offenders engage in irregular activities;
• People from closed societies are more likely than those from open societies
to commit crimes online.
• The clash between the norms and values of physical space and those of
cyberspace.
5. Routine Activity Theory -The Routine Activity Theory was introduced by
Cohen and Felson in 1979. According to their argument, three elements must
be present for a crime to take place: a motivated offender, a suitable target,
and the absence of capable guardians. The viewpoint holds that crime is
widespread and is affected by the opportunities that are available. If a target is
not adequately protected and the payoff is valuable, crime will occur. Crime
114
Jai Shankar Kumar, Crimes of the Internet, 2008.

81
 can occur without the presence of super-predators, hardened criminals,
convicted felons, or malevolent individuals. He contends that criminals simply
look for chances to commit crimes. This perspective sheds light on the causes
of cybercrime. We can discover why more and more people are getting
involved in cybercrime every day by conducting a thorough study. Pratt,
Holtfreter, and Raising note that victims of online auction fraud are commonly
engaged in legal, lawful behaviour at the time of victimization, contrary to
Routine Activity Theory's prediction that victims engaging in deviant
behaviour are more likely to be victimized. This makes using online auction
sites to purchase items a high-risk behaviour in comparison to those who do
not.115 Despite the fact that it is legal, buying goods through internet auctions
is, in essence, unusual behavior. Because it was proposed after the
introduction of the lifestyle exposure theory and incorporates not only the
theoretical component inherent in the lifestyle exposure theory but also two
additional elements, routine activities theory is seen as an expansion and more
inclusive expression of the lifestyle exposure theory.116
6. Theory of Technology-Enabled Crime - According to McQuade, there is a
perpetual competition between law enforcement and criminals for
technological mastery, making it difficult at first to understand and handle
rather complex criminality. To avoid, control, deter, and prevent newly
emerging sorts of crime, law enforcement must stay current with criminal
activities. The theory provides a conceptual framework for understanding all
forms of criminality, especially those that are emerging as a result of
developments in computing and communications technology. This theory
benefits society by combining multiple criminological theory categories to
better comprehend how computer and telecommunications technologies are
getting more sophisticated and difficult, as well as the preventative strategies
for identifying and preventing certain sorts of cybercrime. The theory also
contributes to a better understanding of the risks posed by emerging forms of
cybercrime and offers suggestions for criminal justice processes and security
measures to counteract such crimes.
According to McQuade, the following crimes are facilitated by technology:
115
Supra note 158.
116
Fawn T. Ngo and Raymond Paternoster, Cybercrime Victimization: An Examination of Individual
and Situational level Factors, International Journal of Cyber Criminology, vol. 5, No. 1, (2011).

82
 1. Overt acts of criminality directed towards computers and computer
systems.
2. Making use of technology to commit conventional crimes or to aid in their
commission
3. Adding new challenges to old offenses.

3.7. LEGISLATIVE AND JUDICIAL APPROACH

The internet is a widespread occurrence. India, a significant part of the world,

experienced a seismic change in the technical environment when the Information
Technology waves swept the globe and compelled the founding of the Information
Technology ministry in the country in 1999. There is little doubt that the information
society offers people a variety of options and opportunities to find, evaluate, and
exchange information for the benefit of people everywhere. Information technology
develops new commercial relationships, a new workplace culture, and new trading
networks. It enables knowledge-based work to be performed anywhere. It is
fundamentally transforming and revolutionizing the planet.117 Due to the intrinsic lack
of space and time in cyberspace, new types of ecommerce that were not before
possible have been developed. The threat of cybercrime to economic and national
security is growing.118 Significant risk exists for a wide range of businesses,
institutions, and public and private sector organisations (especially those that are part
of the essential infrastructure). Comparatively, some organisations have named
organised cybercriminal networks as their greatest cyber security danger, while some
are prepared to combat such threats.119 Additional users poured in in large numbers as
a result of the growing prospects for productivity, efficiency, and global connections.
The internet's dependability and availability are crucial operational factors.120 The
user community is severely impacted by actions like spamming, spoofing, and other
practises that undermine these attributes. The changes also include the activities of
117
Abhijit Kumar Pandey, “Cyber Crimes in Cyber Age and its Response by Indian Judiciary”,
available at: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=1097695, (Accessed on Feb. 26,
2023).
118
Supra note 158..
119
Atul Bamara, Gajendra Singh, et.al., “Cyber Attacks and Defense Strategies in india: An Empirical
Assessment of Banking Sector”, International Journal of Cyber Criminology, vol. 7 No. 2, Jan.- June,
2013, pp. 49-50 available at : https://www.researchgate.net/publication/236682638_
Cyber_Attacks_and_Defense_Strategies_in_India_An_Empirical_Assessment_of_Banking_Sector
(accessed on March 6, 2023).
120
R.C. Mishra, Cyber Crime: Impact in The New Millennium, 2002, p. 53.

83
solicitors and legal experts.121 In what appears to be a real effort to promote the
profession, there has been an increase in interest in regulating the legal profession
given the importance of this key sector and its major influence on the judicial
system.122
Cyber-crime has spread enormously throughout the world, yet many working in the
criminal justice system lack adequate and current knowledge of the gritty realities of
contemporary cyber-crime.123 Popular media has portrayed a picture of cybercrime
that involves a lone hacker defeating improbable security precautions to gain access
to wealthy hidden data. While these kinds of crimes are extremely uncommon,
cybercrime is all too widespread. In India's first instance of the expanding importance
of information technology, a businessman in Delhi has drafted a digital will using the
private information stored in his email account.124 A foreign idea called "digital will"
is gaining ground in India as well. The accomplishments of the nation's legislative,
judicial, and executive branches are its greatest assets. In order to ensure that
everyone receives their appropriate compensation, the judiciary's role is to advance
justice and equity by correctly enforcing laws and regulations. The legislature and the
judiciary are crucial components of every nation's success in establishing favourable
foreign relations, luring investment, and passing adequate legislation. For the
confidence of the world community and for coordinated action on the part of various
entities to achieve the desired result, a fair and contemporary judicial system is
required. Because the last century saw the emergence of the cyberspace alongside the
old world, society needs a certain amount of order and continuity in order to function
well and in an orderly manner. For a long time, safety and security were only
concerns with protecting against threats from the outside world. Better legislative
action is needed in this traditional offline world. An effort has been made in this
chapter to discuss the national legislation that have been passed in India to address
cybercrimes.

121
Abhijit Kumar Pandey, “Cyber Crimes in Cyber Age and its Response by Indian Judiciary”,
available at: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=1097695,(accessed on Feb. 26,
2023).
122
Hassan Arab, “The Development of The Judiciary- Challenges and outlook”, available at:
http://www.tamimi.com/en/magazine/law-update/section-7/October-november-1/the-developmentof-
the-judiciary-challenges-and-outlook.html (accessed on Jan. 1, 2023).
123
Jose R. Agustina, “Exploring Internet Crimes and Criminal Behaviour”, Book Review of Cyber
Criminology, vol. 6 No. 2, July- Dec., 2012, p. 1044, available at: http://www.cybercrime
journal.com/Augustinabookreview2012julyijcc.pdf (accessed on March 7, 2023).
124
“Ab E-mail Accounts Ki Bhi Hui Wasiyat”, Navbharat Times, April 5, 2010, p. 5.

84
3.8. IT ACT, 2000 –

Electronic trade, which was rising every day, had replaced traditional paper-based
trade in an increasing number of countries. Due to the globalization of trade and
business, a law that would provide uniform standards for electronic commerce was
deemed required by the international community. This concept served as the
inspiration for the Model Law on Electronic Commerce developed by the United
Nations Commission on International Trade Law (UNCITRAL). The Indian
Parliament has approved the Information Technology Act125, 2000, which is based on
a resolution concerning the Model Law on Electronic Commerce that was earlier
approved by the United Nations Commission on International Trade Law
(UNCITRAL) and was adopted by the General Assembly of the United Nations on
January 30, 1997. In the 51st year of the Republic of India, it is the first item of
legislation to be passed. This resolution calls on all States to favourably review this
Model Law when passing or amending their own laws in order to achieve legal
uniformity as a substitute for paper-based methods of communication and
information storage. India, which had also signed the Model Law, was required to
change its domestic laws to comply with it. India also adopted the Information
Technology Act, 2000 as a result, which makes it easier to submit papers
electronically to government institutions and grants legal validity to transactions done
using electronic data interchange and other types of electronic communication. The
Indian Evidence Act of 1872, the Indian Penal Code of 1860, the Bankers Books
Evidence Act of 1891, and the Reserve Bank of India Act of 1934 were also amended
as a result of the Act.126
Negotiable instruments, powers of attorney, trusts, wills, including other testamentary
dispositions, contracts for the sale or conveyance of real estate or interests in real
estate, as well as other classes of documents or transactions that the Central
Government may specify in the Official Gazette, are exempt from the provisions of
this Act. Although India's Information Technology Act has been in effect since 2000
with the goal of reducing cybercrime, the problem is that because judges, prosecutors,
police officers, and lawyers struggle to understand its highly technical language, this

125
It received the assent of the President on June 9, 2000 and notified in the Official Gazette on
October 17, 2000.
126
Section 1(4) of Information Technology Act, 2000 (Act No. 21 of 2000).

85
law still focuses more on paper than on actual implementation.127 The IT Act, 2000
was designed primarily to encourage e-commerce and is inefficient in dealing with a
variety of other emerging cybercrimes including cyber-harassment, defamation,
stalking, etc. It was important to revise the Information Technology Act of 2000 in
order to make it more applicable in the current. The Information Technology
(Amendment) Bill, 2008, which was enacted by the Lok Sabha and the Rajya Sabha
on December 22 and December 23, respectively, revised the Information Technology
(Amendment) Bill, 2006, which was created for this purpose. The Information
Technology Act of 2000 is afterwards amended by the Information Technology
(Amendment) Act of 2008.

3.8.1. Various Amendments in Legislations in Information Technology Act, 2000

The Information Technology Act of 2000, as stated in its goals and purposes, revised
the Indian Penal Code of 1860, the Indian Evidence Act of 1872, the Bankers Books
Evidence Act of 1891, and the Reserve Bank of India Act of 1934. The
aforementioned Acts needed to be revised in order to achieve the objectives of the IT
Act because the Model Law requires that there be no distinction between traditional
papers and electronic records. As a result of the IT Act of 2000, the following laws
were modified. As follows are mentioned these:

A. Amendments to the Indian Penal Code, 1860 – The Information Technology

Act, 2000 has significantly altered the Indian Penal Code, 1860. When
combined with section 91, these changes have been made in conformity with
the First Schedule.128 The Indian Penal Code, 1860's extraterritorial
jurisdiction was expanded to embrace all offenses that target computer
resources in India by changing a number of clauses relating to a forged
document to include a false electronic record.129 Section 29 A, which defines
the word "electronic record," has been added after Section 29, which defines

127
Samiksha Godara, “Prevention and Control of Cyber Crimes in India: Problems, Issues and
Strategies”, A Thesis submitted to Maharishi Dayanand University, 2013, p. 2, available at:
http://shodhganga.inflibnet.ac.in/bitstream/10603/7829/12/12_chapter%203.pdf (accessed on May 20,
2023).

128
Section 91 and First Schedule has been repealed by the Information Technology (Amendment) Act,
2008.
129
Sections 4, 192, 463, 464, 466, 468, 469, 471, 474, 476 and 477A of Indian Penal Code, 1860 (Act
No. 45 of 1860).

86
 the term "document," in order to maintain the legislative balance. Section 167
has been amended to read "such public servant, charged with the preparation
or translation of any document, frames or translate that document" instead of
"such public servant, charged with the preparation or translation of any
document or electronic record." In this provision of the legislation that deals
with a public official knowingly designing a document with the goal to cause
injury, the phrases "electronic record" and "inaccurate document" are
substituted for each other. This change means that a public employee may
now be charged with purposefully fabricating an electronic record with the
intent to cause harm. Section 172 deals with those who run after receiving a
summons, notice, or order, while Section 173 deals with those who
deliberately obstruct the service of a summons, notice, or order. The terms
"document" or "electronic record" shall be replaced in a court of justice if a
party fails to produce a document or electronic record, and that party shall be
liable under these sections. A person is subject to punishment under Section
175 if they refuse to present documents that they are required by law to
present before a public authority or in a court of law. The words "document"
or "electronic record" shall be substituted and the individual shall be held
liable under this section if they fail to provide a document or electronic record
to a public authority or in a court of law.
B.  Amendments Under the Indian Evidence Act of 1872, As a result of the
Information Technology Act of 2000, some modifications to the Indian
Evidence Act of 1872 have been made. When seen in conjunction with
Section 92, these amendments were made in conformity with the Second
Schedule.130 For purposes of the court's review, electronic records are now
regarded as evidence under the revised definition of "evidence" in Section 3
of the Indian Evidence Act of 1872. The concept of "admission" in Section 17
now includes admission in electronic form. After Section 22, there is an
insertion called Section 22A that describes when an oral acknowledgment of
the contents of an electronic record is pertinent. Section 34 highlights the
pertinent places where entries in the books of account are pertinent. Electronic
ledgers have been mentioned in this section. Section 35 provides for the

130
Section 92 and Second Schedule has been repealed by the Information Technology (Amendment)
Act, 2008.

87
 computerized preservation of tax records, the registry of births, deaths, and
marriages, among other records. Section 39 is amended to take into account
the statement's admissibility as evidence if it is a component of an electronic
record. The production of electronic records that another person in possession
may choose to withhold is now covered under Section 131, which has also
been updated. Other important provisions are added as a result of this Act,
such as those relating to the admissibility of electronic records, the proof and
verification of digital signatures, and presumptions regarding electronic
evidence.
C. Amendments in Reserve Bank of India Act, 1934 - The Reserve Bank of India
Act, 1934 has undergone some changes as a result of the Information
Technology Act, 2000. These modifications have been made in accordance
with the Fourth Schedule when read with Section 94.131 Subclause pp, which
is added to section 58 following paragraph p of subsection 2, introduces and
governs the Electronic Fund Transfer (EFT) technique used by banks and
other financial organizations.

3.8.2. Cyber Crimes Under Information Technology Act, 2000 –

This Act is particularly concerned with cybercrime. The legislative provisions relating
to cybercrimes are included in Chapter XI, section on "Offences," of the Information
Technology Act of 2000, which addresses various sorts of offenses committed
electronically or involving computers, computer systems, or computer networks. It's
odd that the Information Technology Act of 2000 neither defines nor uses the terms
"cyber crime" or "cyber offence." The following are the cybercrime legal provisions
in India with regard to various cybercrimes:
1. Tampering with Computer Source Documents- The Information Technology
Act of 2000 for the first time criminalises cybercrime. According to Section
65 of the Act, anyone who knowingly or intentionally hides, destroys, or
modifies any computer source code used for a computer, computer
programme, computer system, or computer network when the source code is
required to be kept or maintained by law shall be liable for punishment for

131
Section 94 and Fourth Schedule has been repealed by the Information Technology (Amendment)
Act, 2008.

88
 tampering with computer source documents with imprisonment up to three
years or with fine which may include The "computer source code" definition
added with this provision defines the term as the listing of programmes,
computer commands, design and layout, and programme analysis of computer
resources in whatever form.
The destruction of computer data is a part of this criminal act. The
preservation of the source code is required by law, and it is forbidden to
directly or indirectly conceal, delete, or alter computer source code. Only
when this action is taken purposefully or with knowledge is it punishable.
This section's goals are to safeguard the intellectual property included in
computer software and to prevent copyright violations. The Judicial
Magistrate of First Class court can set bail conditions, recognise the offence,
and hold a trial for it. In a judgement, the honourable court determined that
cell phones met the requirements of the term "computer" as used in the
Information Technology Act and the distinctive Electronic Serial Numbers
(ESN, SID) that are encoded into each handset Identification Code), MIN
(Mobile Identification Number), and other data are considered "computer
source code" for purposes of the Information Technology Act and must be
preserved and kept up to date.132 It was decided that violating this clause will
result in penalties for fabricating an electronic record or forging a CD used as
evidence in court.133
2. Computer Related Offences - This provision states that computer-related
offenses are subject to a maximum sentence of three years in prison, a
maximum fine of five lakh rupees, or a combination of the two. The definition
of "data theft" was moved from section 43 to section 66 by the Information
Technology (Amendment) Act of 2008, giving this section more authority but
eliminating the word "hacking." Before this change, the offense mentioned
under Section 66 was "Hacking with Computer System." However, the phrase
"hacking" has been substituted with "computer-related offences," which has
the effect of implying that anyone who engages in any of the behaviours
covered by section 43—which was all-inclusive and covered all charges
relating to computers—does so dishonestly or fraudulently. But as of right

132
Syed Asifuddin and Ors. v. State of Andhra Pradesh and Anr., (2005) Cri LJ 4314 AP.
133
Bhim Sen Garg v. State of Rajasthan and Others, (2006) Cri LJ 3463 Raj 2411.

89
 now, hacking is theoretically covered by the recently inserted section 43 (i) of
the Amendment Act of 2008. It has to deal with unauthorized access to
computer systems.
Hacking is only illegal under Section 66 when done dishonestly or
fraudulently.134 Hacking itself is not an offence under Section 66; instead, the
mens rea requirement applies.135 The requirements of this section apply to
anyone who, knowing the type of the access he seeks to get is unauthorised,
makes a computer resource perform a function for dishonest or fraudulent
gain.
Section 43 of Information Technology Act as amended by Amendment Act,
2008 states that any person shall be liable to pay damages by way of
compensation not exceeding one crore rupees to the person so affected if the
person without permission of the owner or any other person who is in charge
of a computer, computer system or computer network accesses or secures
access to such computer, computer system or computer network or computer
resource; downloads, copies or extracts any data, computer data base or
information from such computer, computer system or computer network
including information or data held or stored in any removable storage
medium; introduces or causes to be introduced any computer contaminant or
computer virus into any computer, computer system or computer network;
damages or causes to be damaged any computer, computer system or
computer network, data, computer data base or any other programmes
residing in such computer, computer system or computer network; disrupts or
causes disruption of any computer, computer system or computer network;
denies or causes the denial of access to any person authorized to access any
computer, computer system or computer network by any means; provides any
assistance to any person to facilitate access to a computer, computer system or
computer network in contravention of the provisions of this Act, rules or
regulations mode thereunder; tampering with or otherwise manipulating a
computer, computer system, or computer network; destroying, deleting, or
otherwise changing any information stored in a computer resource; causing
another person to steal, conceal, destroy, or otherwise change any computer

134
R.K . Chaubey, An Introduction to Cyber Crime and Cyber Law, 2009, p. 45.
135
H. Chander, Cyber Laws and IT Protection, 2012, p.76.

90
 source code for a computer resource with a purpose; or diminishing the value
or utility of a computer resource in any way.
According to Section 70 (3) of the Information Technology Act, anybody who
gains access to or attempts to gain access to a protected system in
contravention of the rules of this section will be subject to fines and
imprisonment of either description for a term that may not exceed ten years.
In one case, the accused gained unauthorized access to the Joint Academic
Network and changed the passwords, added files, and removed data to
prohibit authorized users from using the system. Upon further investigation, it
was found that Kumar had been using the BSNL connection as if he were the
authorized, genuine user while also making changes to the computer database
storing data on broadband Internet user accounts of customers. He was
sentenced to a year in solitary confinement and a fine under sections 420 of
the Indian Penal Code for deceit and section 66 of the Information Technology
Act for computer-related offenses committed through communication
services, etc. by the Additional Chief Metropolitan Magistrate in Egmore,
Chennai.136
3. Dishonestly receiving stolen computer resources or communication device -
Section 66 B, which prescribes penalties for dishonestly exploiting a stolen
computer resource or communication device, was inserted by the Information
Technology Act of 2000 Amendment Act of 2008. Theft-related penalties
include up to three years in prison, a fine of up to one lakh rupees, or both for
anyone caught receiving or keeping a stolen computer resource or
communication device dishonestly while knowing or having reason to suspect
that it is a stolen resource or communication device. The Judicial Magistrate
of First Class court has the authority to set bail terms, classify this offense as a
crime, and convene a trial. Anyone who buys or keeps a stolen
communication device or computer resource would be subject to it. For the
purposes of this clause, this includes stolen software and data as well as other
computing resources including smartphones, laptops, and computers. For
instance, if A dishonestly acquires a stolen mobile phone worth Rs. 40,000 for

136
N. G. Arun Kumar v. Whiteley, (2005), available at:
https://www.scribd.com/doc/190389306/Casestudies-under-Indian-IT-Act-200 (accessed on April 10,
2023).

91
 Rs. 3000, A is guilty of dishonestly receiving a stolen computer resource or
communication equipment under Section 66 B.
.
4. Sending offensive messages through Communication Service, etc. –
Sending offensive messages via communication services, etc., is prohibited by
Section 66 A of the Information Technology Act, which carries a maximum
sentence of two and a half years in prison and a fine. Under this section,
anyone who sends through a computer resource or a communication device:
a) any information that is egregiously offensive or threatening;
b) any information he knows to be false but repeatedly uses such computer
resource or communication device for the purpose of causing annoyance,
inconvenience, danger, obstruction, insult, injury, criminal intimidation,
enmity, hatred, or ill will; or
c) any information that is not true but is intended to be true is prohibited.137
The first clause of this provision prohibits sending any material that is
"grossly offensive" or has a "menacing character," such as online stalking,
online defamation, SMS bullying, etc. Both of these phrases, however, are not
defined in the Act. Clause (b) of this provision deals with sending bogus
messages regularly in an effort to stir up trouble, including online abuse,
intimidation, extortion, and hate mail. Clause (c) of this provision applies to
spam and unsolicited correspondence, including email spoofing and cyber
phishing. As long as the message uses a computer resource or a
communication device, such as an email, SMS, blog, tweet, image, voice over
IP, Skype, etc., it is acceptable under this clause. However, in Shreya Singhal
and Others v. Union of India, the Hon. Supreme Court ruled that section 66A
was entirely unconstitutional and violated the right to free speech and
expression. As a result, the court invalidated the provision. Police in several
states have utilised this clause improperly to detain innocent people for
making critical remarks on social networking sites regarding social and
political topics. For uploading online content that was regarded to be allegedly
undesirable, several persons were arrested as a result of this section.
5. Cheating by Personation by using Computer resource –

137
Inserted vide Information Technology (Amendment) Act, 2008.

92
 In order to give penalties for impersonating someone else to cheat while
utilizing a computer resource, Section 66 D of the law was added by the
Information Technology (Amendment) Act of 2008. A violation of this section
is subject to a fine of up to one lakh rupees and a sentence of imprisonment of
either kind that cannot exceed three years. A punishment of up to one lakh
rupees may be imposed on anyone caught using a communication device or
computer resource to defraud by personation. The Judicial Magistrate of First
Class court has the authority to impose the terms of any bail, classify this
offense as a crime, and conduct a trial. This section applies to any
personation-based cheating incidents that involve the use of a computer
resource or a communication tool. Cheating by personation is described in
section 416 of the IPC as the act of deceiving another person into performing
an action by pretending to be someone else, knowingly substituting one
person for another, or representing that he or she is someone other than he or
she actually is. Without a doubt It was made explicit by the addition of the
explanation clause to the provision that the offense is committed whether the
persona used is a real person or a fictional character.
6. Violation of Privacy -In order to impose sanctions for privacy infringement,
Section 66 E was inserted to the law by the Information Technology
(Amendment) Act of 2008. By taking, publishing, or transmitting a photo of
someone else's private area without that person's permission, a person who
intentionally or knowingly violates that person's privacy is subject to a term of
imprisonment of either description that may last up to three years, a fine that
does not exceed two lakh rupees, or both. The Judicial Magistrate of First
Class court has the authority to set bail terms, classify this offense as a crime,
and convene a trial. The three steps of capture, publication, and transmission
that constitute a breach of a person's bodily privacy are covered by this
section. Any of these procedures that are performed without the victim's
consent are prohibited under this clause. Any technological device, such as a
camera, video recorder, CCTV, computer webcam, or other form of electronic
surveillance, such as a spy camera or other type of covert camera, smart
phone, etc., is seen as "capturing" an image. Making copies for print media
(such as periodicals, books, and newspapers) as well as digital media (such as
CDs or webpages) is referred to as publication. The phrase "transmission"

93
 describes the purposeful or intentional electronic transfer of a picture over
email, the internet, messaging, Bluetooth, etc. in order for others to view it
right away. The offense is deemed to have been committed once the mail is
dispatched. Whether or if the mail recipient read it has no bearing on the
situation. Now-a-days Sting operations are extremely common in some
countries, like the USA, but are prohibited in many others, including
Sweden.138 Contrary to the United States and some other nations, where sting
operations are acknowledged as a legitimate, albeit somewhat restricted,
means of law enforcement, it is said that this is not the case in India.139 A sting
operation that might have infringed someone else's physical privacy was
involved in Court on its own in Motion v. State.140 This kind of operation will
be governed by section 66 E of the Act, the Division bench determined. The
Act will make that person answerable. A 24-year-old wanted for cybercrime
suspect and his two accomplices visited the Mumbai cybercrime police station
on February 17, 2017, posing as vigilance officers, and they attempted to
conduct a sting operation on the investigation officer. The senior police
inspector in charge of the cybercrime unit was targeted in an attempt to
frighten him into dropping the case against the defendant. But the spy pen
camera they used was fatal. Later, the police discovered that the three people
had fake identity cards from the Central Vigilance Commission (CVC) and
letterheads with the names of CBI agents on them. It was decided to keep the
spy camera.141 He was subsequently charged with breaking IPC sections 420,
506, 170, 174, and 419 (cheating by impersonation) as well as section 34
(common intention), according to the police.

7. Identity Theft -Section 66 C of the Information Technology Act of 2000,

which was added by the Amendment Act of 2008, makes identity theft a
crime. According to this clause, a person who falsely or dishonestly uses
138
“Sting Operation”, Wikipedia, available at: https://en.wikipedia.org/wiki/Sting_operation (visited on
April 6, 2023).
139
The Hindu, New Delhi, June 24, 2016, available at:
http://www.thehindu.com/news/national/stingoperation-not-a-legal-method-of-law-enforcement-
supreme-court/article5944283.ece (accessed on April 6, 2023).
140
(2013) WP (C) 162, Del.
141
The Times of India, Mumbai, Feb. 20, 2017, available at: http://timesofindia.indiatimes.
com/city/mumbai/cyber-crime-accused-2-aides-try-sting-op-on-cop/articleshow/57240684.cms
(accessed on April 6, 2023).

94
 another person's electronic signature, password, or other unique identification
feature faces a three-year prison sentence and a fine that could reach one lakh
rupees. Identity theft is the deceptive or dishonest use of a person's
distinguishing identification feature, such as an electronic signature, a login
password, a PIN, a photo, or a biometric identifier. This section discusses
identity theft. The definitions of "dishonest" and "fraudulent" in prior
discussions were, respectively, the intention to injure another person
economically and the intention to harm them through deception. This clause
does not make a distinction between a natural person and a legal person, such
as a company.142 The Judicial Magistrate of First Class court has the authority
to set bail terms, classify this offense as a crime, and convene a trial. Imagine
A created a copy as an example. A is guilty of identity theft in accordance
with section 66C of the Penal Code if A replicates B's ATM card and uses it to
withdraw money from his account. Identity theft and fraud examples include
financial identity theft, criminal identity theft, commercial identity theft, and
identity cloning. The use of a stolen identity for financial fraud, such as using
phishing to get online banking information and use it to conduct transactions,
is known as financial identity theft. Criminal identity theft is the use of
another person's identity to commit crimes, including utilizing their email
account to send spam. Commercial identity theft is the stealing of a company,
business, or other commercial enterprise's identity for money or illegal
activities. Identity cloning refers to the practice of using a person's copy of
their identity to open new accounts or take over all of their currently open
ones. In a situation where it was disputed whether the wife was responsible
under section 66C of the Information Technology Act for unauthorized access
and dishonest use of any person's password for accessing her husband's and
her father-in-law's email accounts without their consent in order to gather
evidence in a case of Dowry harassment. The court made the wife accountable
for breaking this rule.143
8. Publishing or disseminating pornographic content online (cyber
pornography)-

142
Anirudh Rastogi, Cyber Law- Law of Information Technology and Internet, 2014, p. 109.
143
Vinod Kaushik and Ors. v. Madhvika Joshi and Ors., (2010) Cr. Comp 2.

95
The term "pornography" describes the description or demonstration of sexual
acts with the intention of evoking sexual desire via pornographic websites or
pornographic content produced via computers or the internet, including the
downloading and transmission of pornographic movies, images, photos,
writings, and other media. Section 67 of the Content Technology Act of 2000,
as amended by the Information Technology (Amendment) Act of 2008,
addresses the publication of offensive material in electronic form. The
consequences for publishing or sharing pornographic content electronically
are described in this section. This Act stipulates that anyone who publishes,
transmits, or causes to be published in electronic form any material that is
lascivious or if it tends to deprave and corrupt people who are likely to read,
see, or hear the matter contained or embodied in it shall be punished on first
conviction with imprisonment that may extend to three years and with fine
that may extend to five lakh rupees, and in the event of a second or
subsequent convict. This offence carries a bail penalty, is cognizable, and will
be heard in a JMIC court.
In India, the issue of cyberpornography is addressed under the Information
Technology Act of 2000. It is acceptable to store or watch pornography in
secret as long as the Act does not expressly forbid it. However, it is unlawful
to distribute or publish sexually explicit material. Before the amendment, only
section 67 of the Information Technology Act addressed adult and juvenile
pornography in all of its forms. The Amendment Act of 2008 changed that, so
it now only pertains to the publication of pornographic material. Section 67A
of the Act clearly forbids publishing pornographic or sexually explicit
material, and Section 67B of the Act forbids the publication of child
pornography. This section only sanctions the publication and transmission of
sexually explicit/pornographic material in an electronic format and excludes
viewing, downloading, possessing, etc. Anyone who publishes, transmits, or
causes to be published, transmitted, or caused to be transmitted in electronic
form any material that contains sexually explicit act or conduct shall be
punished on first conviction with imprisonment of either description for a
term that may extend to five years and with a fine that may extend to ten lakh
rupees, and in the event of second or subsequent convictions with
imprisonment of either description for a term that may extend to twenty years.

96
 Section 67 B inserted by Information Technology (Amendment) Act, 2008
has been exclusively dealt with child pornography which provides that if any
person whoever publishes or transmits or causes to be published or
transmitted material in any electronic form which depicts children engaged in
sexually explicit act or conduct or creates text or digital images, collects,
seeks, browses, downloads, advertises, promotes, exchanges or distributes
material in any electronic from depicting children in obscene or indecent or
sexually explicit manner or cultivates, entices or induces children to online
relationship with one or more children for and on sexually explicit act or in a
manner that may offend a reasonable adult on the computer resources or
facilitates abusing children online or records in any electronic form own abuse
or that of other pertaining to sexually explicit act with children shall be
punished on first conviction with imprisonment of either description for a
term which may extend to five years and with a fine which may extend to ten
lakh rupees and in the event of second or subsequent conviction with
imprisonment of either description for a term which may extend to seven
years and also with fine which may extend to ten lakh rupees. Only sections
67A and 67B of the Act are exempt from bail, as stated in section 77B, while
all other parts are. We also have section 69A of the Information Technology
Act, 2000, which permits the Central Government or its officer designated to
issue directives to other government agencies and intermediaries to block such
information from being accessed by the general public if it is advantageous or
necessary to do so in the interest of India's sovereignty and integrity, defence
of India, security of the State, friendly relations with other states, or public
order, or for preventing incitement to the commissar. A violation of the central
government's directive for the preservation and retention of information under
clause 1 of section 67 C by an intermediary is punishable by up to three years
in prison and a fine, according to section 67 C, which was added by the
Information Technology (Amendment) Act. This offence is also cognizable
and bailable.
9. Offences by Companies -Section 85 of the Act mentions the idea of corporate
criminal culpability, or the criminal punishment imposed on a company for
breaking the Information Technology Act or any regulation, instruction, or
order created thereunder. A company can be any entity that is legally classified

97
 as a corporation, including a business or collection of people, according to the
definition for this section. The company could be a corporation or be
incorporated. In accordance with the aforementioned section, if the offender
is a company, the company and everyone who was in charge of and
responsible to the company for the conduct of business at the time the
violation was committed are both subject to punishment. However, he will not
be held liable under this provision if he can show that the infractions
happened without his knowledge or that he took reasonable action to stop
them. A director, manager, secretary, or other officer of the company must also
be presumed guilty of the violation and subject to legal action and punishment
as necessary if it is proven that a violation of section 85 took place with the
knowledge or convenience of, or as a result of any negligence on the part of,
that director, manager, secretary, or other officer.144 Section 85 of the Act
mentions the idea of corporate criminal culpability, or the criminal
punishment imposed on a company for breaking the Information Technology
Act or any regulation, instruction, or order created thereunder. A company can
be any entity that is legally classified as a corporation, including a business or
collection of people, according to the definition for this section. The company
could be a corporation or be incorporated. In accordance with the
aforementioned section, if the offender is a company, the company and
everyone who was in charge of and responsible to the company for the
conduct of business at the time the violation was committed are both subject
to punishment. However, he will not be held liable under this provision if he
can show that the infractions happened without his knowledge or that he took
reasonable action to stop them. A director, manager, secretary, or other officer
of the company must also be presumed guilty of the violation and subject to
legal action and punishment as necessary if it is proven that a violation of
section 85 took place with the knowledge or convenience of, or as a result of
any negligence on the part of, that director, manager, secretary, or other
officer.145 However, this position was overturned by the Supreme Court in a
joint decision in the cases of Aneeta Hada v. M/S Godfather Travels and

144
Jyoti Rattan, Cyber Laws & Information Technology, 2014, p. 289.
145
Sheoratan Agarwal v. State of Madhya Pradesh, (1985) SCR (1) 719.

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 Tours Pvt. Ltd.146 and Avinash Bajaj v. State147, which ordered that criminal
charges against the company must come before criminal charges against the
director or managing director.
10. Electronic Signature Certification Offenses - There are further provisions for
violations concerning electronic signature certificates under sections 73 and
74 of the IT Act. For posting an Electronic Signature Certificate that is
partially false, Section 73 imposes a fine, and Section 74 imposes a fine for
publishing with fraudulent intentions. Unless the publication is made for the
purpose of verifying an Electronic Signature created prior to such suspension
or revocation, Section 73 punishes the wrongdoer if an Electronic Signature
Certificate is published or otherwise made accessible to anyone else with
knowledge that the Certifying Authority listed in the certificate has not issued
it, the Subscriber listed in the certificate has not accepted it, or the certificate
has been revoked or suspended. Subsection (1) of the foregoing clause states
that it is unlawful to knowingly publish an electronic signature certificate or
otherwise make it available to anyone else when the certificate has already
been cancelled or suspended. A notice of such suspension or revocation must
also be published, and the Certifying Authority is responsible if they fail to do
so in the repository designated in the electronic signature certificate for that
purpose. This provision does not constitute an offense the release of an
electronic signature certificate for the purpose of certifying an electronic
signature generated prior to such suspension or revocation. Anyone who
intentionally creates, publishes, or otherwise makes an electronic signature
certificate available for any fraudulent or illegal purpose is in violation of
Section 74, and they risk a sentence of up to two years in prison, a fine of up
to one lakh rupees, or both. In Bennett Coleman & Co. v. Union of India 148,
the Supreme Court gave the definition of "publication" Dissemination and
circulation are the definitions of "publication." When referring to a digital
medium, the phrase encompasses the dissemination, storage, and transmission
of information or data in electronic form.

146
AIR 2012 SC 2795
147
(2009) Cal. Appl. 1483.
148
AIR 1972 2 SCC 788.

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11. Breach of Confidentiality & Privacy - Privacy is the term used to describe a
person's ability to decide when, how, and to what extent his personal data will
be shared with others. A privacy violation occurs when personal information,
such as medical records, sexual preferences, financial condition, etc., is used,
shared, or disclosed without authorization. A confidential disclosure of
information to individuals who are not authorized or requested is not
permitted. Parties exchanging information often agree on how to manage the
information and make a guarantee not to reveal it to third parties or use it in a
way that will make it known to them, in accordance with Section 72, which
protects the confidentiality of such information. The confidentiality agreement
may also occasionally be broken by an employee who discloses private
corporate information simply for financial gain or other advantages. To punish
those who break data and information privacy and confidentiality, Section 72
was added to the Information Technology Act. Other information types that
are highly helpful to a corporation should be kept secret and safe since
releasing them to outside parties could be harmful to the company or the
individual. Regarding any information acquired during official business, this
clause grants the right to privacy. The person is accountable under this
paragraph where information was provided without the authorised person's
knowledge or consent. It is non-cognizable and subject to bail for this offense.
This section imposes penalties of up to two years in prison, a fine of up to one
lakh rupees, or both on anyone who accesses any electronic record, book,
register, correspondence, information, document, or other material without the
owner's permission or discloses such an electronic record, book, register,
correspondence, information, document, or other material to anyone else.
12. Disclosure of Information in breach of Lawful Contract - By adding Section
72 A to the Information Technology (Amendment) Act of 2008, penalties for
disclosing information in violation of legal agreements are made available.
With the intent to cause or knowing that they are likely to cause wrongful loss
or wrongful gain, any person, including an intermediary, who obtains access
to any material containing personal information about another person while
performing services under the terms of a valid contract and discloses that
material without that person's consent or in violation of a valid contract is in
violation of this section. A fine of up to five lakh rupees or a prison sentence

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 of up to three years, or a combination of the two, may be used as punishment
for any act that is material to another person. The mere disclosure of personal
information without agreement is illegal under Section 72 of the Act, but this
provision also calls for the intentional or knowing infliction of damage or
benefit that is not authorised. It also applies to anybody who divulges
information obtained through the performance of services under a valid
contract, including intermediaries. As well as being cognizable and bailable,
this offence.
13. Accessing Protected System - A protected system is any computer, computer
network, or computer system that must be shielded from unauthorized access
by the appropriate authorities. The appropriate government may designate any
computer, computer system, or computer network as a protected system under
Section 70 of the Information Technology Act by publishing a notification in
the official gazette. A formal order authorizing a person to access a protected
system may also be issued by the government. According to this clause,
anyone unauthorized who gains access to, or tries to gain access to, a
protected system is liable for prosecution and could receive a fine and a prison
sentence of up to ten years. This offence is also cognizable and not subject to
bail. The Keralan government designated an electronic government software
named "FRIENDS," which was developed by the petitioner under a contract,
as a protected system in one particular instance. Both the notification and
Section 70 of the Information Technology Act were contested in a writ
petition as being unlawful and in conflict with the Copyright Act. A decision
states that a notification submitted in accordance with Section 70 of the
Information Technology Act qualifies as a copyright statement for purposes of
Section 17(d) of the Copyright Act, 1957.149 The court further determined that
in order for a computer resource to be considered a protected system under the
Information Technology Act, it must meet the requirements for government
works under the copyright Act.
14. Failure to Comply with the directions given by the Controller - The
Information Technology Act's section 68 grants the controller the authority to
order the Certifying Authority or any employee to take any actions or cease
engaging in any activities that are necessary to ensure that the Act is being
149
B.N. Firos v. State of Kerala, AIR 2006 Ker 279.

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 complied with. However, anyone who wilfully or deliberately disobeys this
order is guilty of an offence and will be sentenced to either a term of not more
than two years in prison or a fine of not more than one lakh rupees, or both, if
they are found guilty. Additionally, bail is an option and this crime is not
cognizable. The text of this section makes it obvious that the Controller could
only issue the instructions to a Certifying Authority or any employee of such
Authority, but by the terms of this section. A digital signature certificate's
subscribers may also be included in the scope of the controller's authority
under section 18 (1), which states that the controller has the authority to issue
certificates for digital signatures of the authority to resolve any conflict of
interest arising between the Certifying Authority and the Subscribers.
15. Cyberterrorism - Terrorists are preparing. assaults based in cyberspace. The
general people or the government are the targets of terrorism, which is a sort
of unpredictable menace or terror. The term "cyber terrorism" refers to a
brand-new form of terrorism that exploits the infrastructure we have built.
Every process is always being moved toward computerization to allow for
remote access, accuracy traits, and user-friendliness. In a broad sense,
cyberterrorism refers to the use of technology to carry out terrorist attacks.
This kind of cybercrime may involve communicating online with other
terrorists to plot attacks, transfer funds for such attacks, or engage in other
similar activities. Cyberterrorism is the purposeful employment of disruptive
actions or the threat of such actions in cyberspace with the intent to achieve
social, intellectual, religious, political, or similar objectives, or to frighten
people in order to advance such objectives. The FBI defines cyberterrorism as
a planned, politically motivated attack by subnational groups or covert agents
on a country's computer network, computer programs, and data that results in
violence against noncombatants targets. According to security expert Dorothy
Denning, cyberterrorism is the term used to describe hacking actions that have
political goals and are intended to do considerable harm, such as fatalities or
significant financial losses. Neither cyberwar nor cyberterrorism are
mentioned in the Indian Cyber law. However, the Information Technology
(Amendment) Act of 2008 now has a section 66F that addresses cyber
terrorism and specifies the consequences for the offence. There is no bond

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requirement for this crime, and Sessions Court will hear your case. The
following are the laws that pertain to cyberterrorism:
(1) Whoever;
(A) With the intent to compromise the unity, integrity, security, or sovereignty
of India or to instill fear among the general public or any particular group of
the general public by:
(i) denying access to any person authorized to access computer resources;
(ii) attempting to breach or access a computer resource without authorization;
(iii) exceeding authorized access; or introducing or causing to introduce any
computer contaminants; and by means of such conduct. or
(B) deliberately or knowingly enters or accesses a computer resource without
authorization, exceeds authorized access, and by doing so gains access to
information, data, or computer databases that are restricted due to national
security or international relations; or any restricted information, data, or
computer databases, with reasonable grounds to believe that the information,
data, or computer databases so obtained may be used to cause or likely will
cause harm.
(2) A life sentence in jail is possible for anyone found guilty of
cyberterrorism or of conspiring to do it. Clause 1(A) of this section concerns
cyberterrorism that directly affects or presents a threat to directly harm the
public with the intention of endangering the unity, integrity, or security of the
nation and instilling fear among the populace. Cyberterrorism that directly
hurts the State through unauthorized access to private information, data, or
computer databases is covered under clause 1(B) of this section.
Anyone who threatens national security, interferes with intergroup harmony
between various religious, racial, linguistic, or regional groups, castes, or
communities, uses force or attempts to overthrow the lawfully established
government, kills people willfully, uses violence, disrupts vital services or
means of communication, or destroys property with the intent of instilling fear
in the general public or any segment of the general public is considered to be
one of these people. The use of a computer system to achieve the
aforementioned purpose makes someone a cyberterrorist, and any act carried
out to further that goal is referred to as cyberterrorism. Cyber terrorists use a
variety of tools to accomplish their goals, including hacking, encryption,

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 Trojan attacks, computer worms, viruses, denial-of-service attacks, email-
related crimes, and more. The issue of whether a defamation allegation may
legitimately fall under section 499 of the I.P.C. or whether section 66 F of the
IT Act was required was placed before the court in a particular case. The court
must make a distinction between the two, and it should be noted that section
66F of the I.P.C. dealt with slander against the State whereas section 499 of
the I.P.C. dealt with slander against the person, where the term "person" does
not include a State.150 Examples of cyberterrorism in the actual world include
the 2008 Indian serial bombings in Ahmadabad, Delhi, Jaipur, and Bangalore.
Both the 26/11 incident in Mumbai in 2008 and the explosion in Varanasi in
2010 included elements of cyberterrorism. By gathering sensitive information
and fomenting terror online, cyberterrorists seek to undermine national
security, unity, integrity, and peace, among other things.

3.8.3. Judicial Response –

In spite of its abstract nature, cybercrime is not dependent on physical violence or the
presence of the accused at the crime site. This makes it unlikely that the traditional
adversarial method of litigation would serve the interests of justice in situations
involving cybercrime. In151, regarding the challenges the legal system and law
enforcement were facing in dealing with computer-related crimes, the Supreme Court
of India made the following statement: "Internet and other information technologies
have brought with them the concerns which were not foreseen by law. Additionally, it
neglected to take into account the difficulties police may have while dealing with
fresh situations if they lack scientific expertise or adequate comprehension. A number
of recent events that gave rise to a variety of offenses caught our Legislature
completely off guard. The Information Technology Act of 2000 does not entirely
address all the problems that the Act's enforcement agents face, even after it was
modified to include other cybercrimes and their related punishments.
Above all, the Indian judicial system has contributed significantly to the management
of cybercrime in the digital age. because over the years, the Supreme Court of India

150
Krishnan v. Krishnaveni, AIR 1997 SC 9876: 1997 AIR SCW 950: 1997 Cr LJ 1519.

151
AIR 2006 SC 2820 (Para II).

104
has acted as the last arbiter of legal interpretation. The judicial and law enforcement
authorities are fully aware that the tools at their disposal to look into and prosecute
criminal offences and terrorist activities perpetrated against, or using computers or
computer networks as a medium, are currently virtually entirely and nationally
focused.
The judiciary's important role is to interpret laws in order to determine the
legislature's true intentions, which are indicated in the wording employed in the
legislation. The premise behind this statement is that courts simply interpret already-
existing laws, not pass new legislation. A statute is a legislative decree, according to
the Honourable Supreme Court's ruling in the Institute of Chartered Accountants of
India v. Price Waterhouse case.152 When assessing the legislative intent of a statute,
the language employed is taken into consideration. The used words and phrases act as
the mental referential associations' initiating signals. As a result, determining the
actual purpose behind the passing of legislation is the main objective of law
interpretation.
By using their technological aptitude, as is shown in the case of Grid Corporation of
Orissa Ltd. v. AES Corporation153, In dealing with this kind of criminality, the Indian
judiciary is quite important. In this case, the Honourable Supreme Court ruled that
"when an effective consultation can be achieved by resorting to electronic media and
remote conferencing, it is not necessary that the two persons required to act in
consultation with each other must necessarily sit together at one place unless it is the
requirement of law or of the ruling contract between the parties."
As a result of the development of new technology, the Hon'ble Supreme Court
approved the use of video conferencing, as stated in the case of State of Maharashtra
v. Dr. Pratful B. Desai154, arguing that it is a development in science and technology
that enables one to hear, see, and communicate with someone who is far away as if
they were in front of you. Similar rulings were also rendered in the cases of Amitabh
Bagchi v. Ena Bagchi155 and Bodala Murali Krishan v. Smt. Bodala Prathima156. In
Ponds India Ltd. v. Commissioner of Trade Tax, Lucknow157, Although Wikipedia is
not a reliable source, the Supreme Court ruled that it can be used to acquire
152
AIR 1998 SC 74: (1997) 6 SCC 312.
153
(2002) 7 SCC 736.
154
AIR 2003 SC 2053: (2003) 4 SCC 601.
155
AIR 2005 Cal 11: 2005 (2) Civ LJ 281.
156
AIR 2007 AP 43.
157
(2008) 8 SCC 369.

105
information. The court also endorsed the idea of modernizing construction in order to
adapt to a civilization based on rapidly advancing technology.
The court recognised the value of the electronic evidence when passing judgement in
the case of Mohammed Ajmal Mohammad Amir Kasab v. State of Maharashtra 158.
The evidence, whether it was in the form of CCTV footage, memory cards, mobile
phones, data storage devices, intercepted VolP communications, IP addresses, etc.,
was favourably accepted by the court.

CHAPTER FOUR
AI UNDER CRIMINAL JUSTICE SYSTEM

4.1. INTRODUCTION

A futuristic technological revolution has been brought about by the influence of

technology on how humans live, grow, and acculturate. The term "Fourth Industrial
Revolution" or "Industry 4.0" is frequently used to describe this transitional
phenomenon. The phrase was first used in 2016159 during the WEF summit in Davos
158
(2012) 9 SCC 1: AIR 2012 SC 3565: 2012 AIR SCW 4942.
159
Klaus Schwab, The Fourth Industrial Revolution : what it means, how to respond, World Economic
Forum (Jan. 14, 2016), <https : //www.weforum.org/agenda/2016/01/the-fourthindustrial-revolution-
what-it-means-and-how-to-respond/. See KLAUS SCHWAB, The Fourth Industrial Revolution 2
(2017)>(accessed on 23 June,2023).

106
by Klaus Schwab, who later used it in his book, "The Fourth Industrial Revolution."
Since then, key economic conferences and the global political-economic climate have
adopted Industry 4.0 as their new geek jargon. However, the development of artificial
intelligence is what is causing the Fourth Industrial Revolution. Even though the
socioeconomic study of artificial intelligence has been around for more than 50 years,
the discussion has heated up recently.160 The fourth industrial revolution seeks to
maximize the third industrial revolution's accompanying effects' computerization.
Looking deeper into world history reveals that the intervals between the first and
second industrial revolutions were roughly 100 years, the second and third, 70 years,
and the third and fourth, barely 25 years.161 It suggests that the world may experience
additional extraordinary revolutions in the ensuing few decades. Industry 4.0
integrates computers and human engagement, whereas the third industrial revolution
changed how machines relate to one another by connecting computers. Manufacturers
are being given the chance to use data-driven logistics to optimize their operations.
cars that operate on their own are quickly replacing human-driven cars. From industry
to healthcare, robotics is becoming a part of all organizational structures.
The possibilities for access to technology are revolutionized by cloud-based Internet
of Things. The important facets of society, from finance to humanitarian relief, are
being penetrated by AI, including embodied AI in robotics and future techniques like
machine learning. Artificial intelligence is writing the rules for the future of society,
from AI-based drones and surveillance to self-driving cars, virtual assistants, and
assistive technology. It is obvious that the AI revolution is currently taking place and
that technology is altering the geo-economic and geo-security environment. The
socioeconomic welfare of society could presently be improved through AI. However,
with well-planned labor reskilling, 133 million new jobs are predicted to be generated
by 2022, as opposed to 75 million that will be lost, notwithstanding the real
possibility of job displacement.162 It only makes sense that the law, ethics, and values
of society will be affected by how technology interacts with people. Artificial
160
Nicolas Miailhe & Cyrus Hodes, Understanding the Rise of Artificial Intelligence : The Third Age
of Artificial Intelligence, 17 Artificial Intelligence and Robotics in the City (2017),< https :
//journals.openedition.org/factsreports/4383>(accessed on 25 June,2023).
161
Adithya Variath, Smart thinking and smarter politics, The Pioneer (Feb. 26, 2023), <https :
//www.dailypioneer.com/2019/columnists/smart-thinking-and-smarter-politics.html>(accessed on 3
June, 2023).
162
Leslie D' Monte, More jobs will be created than are lost from the AI revolution’ : WEF AI
Head, Livemint (Oct. 4, 2022), <https : //www.livemint.com/technology/tech-news/-morejobs-will-be-
created-than-are-lost-from-the- ai-revolution-wef-ai-head11570190160812.html>(accessed on 23 June,
2023).

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intelligence affects every part of our society, and the digital revolution has changed
how people view values and priorities.163
Unprecedented issues have arisen as a result of the growth of AI in our already
complicated society. A negative view of AI may also force governments to enact
ineffective regulatory measures in an effort to prevent its use. The development of an
AI pronunciation guide for the twenty-first century will require the global community
to reframe Industry 4.0 as a "revolution without passports." Global income levels and
life quality could change as a result of Industry 4.0. The COVID-19 epidemic has
once again demonstrated to the global community that AI systems are quickly
replacing traditional methods of assisting and sustaining human life. To follow
patients, the Indian government developed the Arogya Satu program, a geolocation
tracking tool.164 The app has made geotracking and legally required surveillance
commonplace in Indian society. Countries like India are focusing on using AI to
address the most interconnected social issues in areas like healthcare, agriculture,
financial inclusion, direct benefit transfer, and smart cities.
The biggest social issue brought on by the Fourth Industrial Revolution is inequality,
at the same time.165 In contrast to the past decade, when digital exclusion was a
problem primarily affecting developing nations, we are now entering a geoeconomic
era with the goal of creating a more inclusive digital economy. The true technological
breakthrough would depend on how the world community participated and
cooperated in that area. Governments would have to make sure AI becomes a
measurable tool for society engagement if they want to see it become more
democratic. Deeper academic research into AI methodologies has warned against
technical solutionism through the misuse of terms like "fairness" and
"discrimination". To ensure ethical control of artificial intelligence technology, a de
jure ecosystem is necessary across the spectrum of law and justice. Through an
archetype focused on "rights" and "law," this study attempts to investigate how an
ethical context may be developed to regulate artificial intelligence.

163
John Sullins, Information Technology and Moral Values, The Stanford Encyclopedia of Philosophy
(Edward N. Zalta (ed.), 2019)<https://plato.stanford.edu/archives/sum2019/entries/it-moral-values/
>(accessed on 07 June, 2023).
164
Government of India launches ArogyaSetu App to track Covid 19 infection, Press Information
Bureau, (Apr. 2, 2020), <https : //pib.gov.in/PressReleaseIframePage.aspx? PRID=1610326.>(accessed
on 27 June, 2023).
165
Susan E. Cozzanes, Inequalities and the Fourth Industrial Revolution, United Nations Conference
on Trade and Development (July 30, 2020, 3 : 31 PM), <https:://unctad.org/en/pages/newsdetails.aspx?
OriginalVersionID=2068>(accessed on 07 June, 2023).

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4.2. AI IN LAW ENFORCEMENT -

Artificial intelligence (AI) has transformed how law enforcement functions and
given authorities strong tools to improve public safety and fight crime. These are
some of the most important uses of AI in law enforcement. Automated surveillance is
when a significant amount of video from CCTV cameras and other sources is
analysed in real-time by surveillance systems driven by AI. These systems can
recognize faces, identify items, and detect suspicious activity, which enables law
enforcement to effectively monitor public areas and potential crime sites.
Additionally, Predictive Policing is a crucial tool that it offers. Predictive policing
analyses previous crime data using AI algorithms to spot patterns and trends. Law
enforcement organizations can more efficiently allocate resources, prioritize patrols,
and stop crimes in their tracks by identifying high-crime regions and periods. The use
of AI-powered sentiment analysis tools to monitor social media platforms for
potential threats, criminal activity, or public safety issues is known as sentiment
analysis for social media monitoring. This makes it possible for law enforcement to
react swiftly to developing situations, spot potential dangers, and uncover unlawful
activity discussed on social media. Utilizing AI algorithms, facial recognition
technology compares faces in photos or videos to known databases of people, such as
watchlists or criminal databases. This technology allows law enforcement to quickly
identify suspects and find missing people. Investigations Using Natural Language
Processing (NLP), law enforcement can handle and examine a sizable amount of
textual data, including police reports, witness statements, and case files. From
unstructured data, AI-powered NLP techniques can help investigators glean insights
by extracting pertinent information, spotting trends, and so on.AI algorithms are
capable of doing crime prediction and analysis. They may examine a variety of data
sources, including crime statistics, weather patterns, and socioeconomic data, to
identify prospective crime hotspots and trends. This helps law enforcement by
enabling pre-emptive resource deployment and the creation of focused crime
prevention plans.AI can improve traffic management by monitoring and forecasting
real-time traffic, identifying areas of congestion, and offering alternate routes.
Furthermore, AI algorithms can prioritize traffic safety measures by prioritizing them

109
based on historical traffic and accident data analysis, which identifies high-risk
regions for accidents.
Another crucial area where AI plays a crucial role in recognizing cyber risks and
detecting fraudulent actions is in cybersecurity and fraud detection. In order to protect
crucial systems and data, AI-powered cybersecurity solutions can analyse network
traffic, find anomalies, and react to suspected intrusions in real-time.AI-based voice
analysis systems may identify and authenticate people through their voiceprints,
assisting in criminal investigations and identifying prospective suspects involved in
voice-based crimes like threatening phone calls. It is crucial to remember that while
AI has many advantages for law enforcement, ethical issues including worries about
data privacy, bias, and accountability all need to be taken into account.166 In order to
comply with legal and ethical requirements while upholding people's rights and
privacy, law enforcement authorities must employ AI technologies responsibly and
openly.
Certainly, In the field of law enforcement, artificial intelligence (AI) has made major
strides, revolutionizing how police and other law enforcement agencies combat
crime, improve public safety, and increase overall effectiveness. Added benefits of AI
for law enforcement include: The most well-known use of AI in law enforcement is
predictive policing. Law enforcement can forecast when and where crimes will likely
occur by using AI algorithms to analyse enormous volumes of previous crime data
and detect patterns and trends. Utilizing a proactive strategy enables agencies to
carefully organize their resources, concentrate patrols in high-risk areas, and stop
crimes in their tracks. Investigations involving crime benefit greatly from the use of
AI technologies. AI-powered systems may examine data, like video surveillance,
fingerprints, and DNA samples, to pinpoint prospective culprits and draw connections
between other instances. As a result, the investigation process moves along much
more quickly and there is a higher chance that crimes will be solved. Quickly
processing and interpreting visual data is possible with AI-driven image and video
analysis technologies. These tools can identify things, recognize individuals, and
evaluate scenarios to assist law enforcement in finding missing people, identifying
suspects, and gathering evidence. With the use of Natural Language Processing
(NLP) for Data Analysis, law enforcement can examine a sizable amount of

166
Gendron, B., & Nguyen, H. (2020). Artificial intelligence and law enforcement: Examining the
operational impact. Policing: An International Journal, 43(4), pp. 568-583.

110
unstructured textual data, including police reports, witness interviews, and social
media posts. Investigative work and intelligence collection can be aided by AI-
powered NLP algorithms that can extract pertinent data, recognize important
linkages, and unearth hidden patterns. Combating cybercrime requires the use of
AI.167 AI-driven cybersecurity solutions can quickly identify and counteract
cyberthreats, protecting citizens' digital assets as well as sensitive data and vital
infrastructure. In order to automatically read and recognize license plates from
moving cars, automated license plate recognition (ALPR) systems use optical
character recognition (OCR) and artificial intelligence (AI) technology. These
programs are helpful for tracking down stolen cars, enforcing traffic regulations, and
finding automobiles used in criminal activity. The level of risk that a person poses to
law enforcement can be determined by AI techniques. These tools can give police
information that can improve situational awareness and increase officer safety during
encounters with the public by examining historical data, behavioural trends, and other
factors. To look for potential dangers to public safety, sentiment analysis driven by AI
can monitor social media and other online platforms. With this knowledge, law
enforcement can deal with possible hazards and respond promptly to new scenarios.
AI can speed up case management procedures by automating clerical work, document
processing, and evidence arrangement. Law enforcement employees can concentrate
more on operational and investigative tasks as a result of the increased overall
efficiency. Despite the many advantages, using AI in law enforcement also brings up
ethical issues such potential biases in algorithms and privacy consequences. To
safeguard civil rights and maintain public trust, law enforcement organizations must
appropriately adopt AI technologies, ensure decision-making is transparent, and
address any potential biases. Law enforcement will keep looking for new methods to
use AI as it develops in order to boost public safety and increase overall law
enforcement effectiveness.

4.3. AUTOMATED SURVEILLANCE –

Automated surveillance refers to the idea of using machine learning and artificial
intelligence to automatically monitor and analyse real-time video or audio sources.
167
Ani, A. O., & Adepoju, A. (2019). Artificial intelligence in law enforcement: Prospects and
challenges. In International Conference on Computational Science and Its Applications (pp. 379-393).
Springer.

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Without requiring operator assistance, these systems can locate, identify, and track
things, persons, or events of interest.168 Law enforcement, public safety,
transportation, and retail security are just a few of the industries that have seen an
increase in the use of automated surveillance. In order to process video or audio
streams, automated surveillance systems use highly developed computer vision and
pattern recognition algorithms. These algorithms can identify particular things, like
cars, people, or weapons, follow their movements, and issue warnings or notifications
when particular conditions are satisfied. Artificial intelligence (AI) in surveillance
enables more precise and efficient monitoring, enabling quick responses to possible
threats or incidents. To keep an eye out for suspicious activity or potential security
risks, cities and public spaces frequently deploy surveillance cameras with AI-
powered object detection. The technology can identify the abnormality and raise an
alarm for security officers to investigate, for example, if a person leaves a bag
unattended in a crowded area. Automated surveillance systems can track traffic
patterns and spot clogs or accidents on the road. To reduce disruptions and enhance
traffic management, these technologies can automatically change traffic signals or
alert authorities about occurrences.169 Automated surveillance systems can monitor
consumer behaviour and foot traffic in retail establishments. This information can be
used by retailers to improve consumer satisfaction, optimize store layouts, and guard
against security breaches and stealing. To identify people trying to cross borders
unlawfully or those on watchlists, border patrol authorities deploy automated
surveillance systems using face recognition enabled by AI. These systems support the
identification of potential threats and help to strengthen border security. Automated
surveillance systems are constantly changing, and while they provide important
advantages in terms of efficiency and security, there are also worries about privacy
and potential abuse. To find a balance between ensuring public safety and upholding
individual rights, appropriate legislation and privacy measures must be put in place.

4.4. PREDICTIVE POLICING –

168
Acharya, A., Shrestha, B. R., & Pandey, B. (2021). An Intelligent Video Surveillance System using
Convolutional Neural Networks. International Journal of Advanced Computer Science and
Applications, 12(6), pp.468-474.
169
Alshboul, K., Alshqirateh, E., Alqudah, M., & Aljarah, I. (2021). A Review of Automated Video
Surveillance Techniques and Technologies. Sensors, 21(2), p.654.

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Data analysis, artificial intelligence, and machine learning are all used as part of the
predictive policing strategy by law enforcement to foresee and stop crime. In order to
locate crime hotspots and anticipate future criminal activity, it entails examining past
crime data, demographics, weather trends, and other pertinent information. The
intention is to give law enforcement organizations the ability to more efficiently
deploy their resources and concentrate their efforts on neighbourhoods where crime is
more likely to occur, which would ultimately lead to a decline in crime rates and an
improvement in public safety.170 The gathering of data In-depth information regarding
past incidences, places, timings, and sorts of crimes is gathered by law enforcement
authorities in massive quantities. They also collect information on a number of other
aspects, such as socioeconomic indicators, demographic information, and
environmental circumstances, that may have an impact on criminal activity. To find
patterns, correlations, and trends, sophisticated data analytics and machine learning
algorithms analyze the gathered data. In order to forecast future criminal behaviour,
these computers learn from historical data. A prevalent term for high-crime locations
is "crime hotspots," and predictive policing assists in identifying these places. Law
enforcement can pinpoint particular areas where criminal behavior is more likely to
happen by examining previous data.171 Law enforcement agencies can more wisely
distribute their resources, such as patrol officers, if they are equipped with
information concerning crime hotspots. In order to dissuade criminal activity and
respond to possible occurrences faster, they can boost police presence in high-risk
locations.172 Monitoring crime patterns in real-time is another aspect of predictive
policing that goes beyond only foretelling future crimes. In order to adapt their
methods and responses when new criminal tendencies arise, law enforcement can
employ real-time data streams.
A predictive policing initiative called "LASER" (Los Angeles Strategic Extraction
and Restoration) has been put in place by the Los Angeles Police Department
(LAPD). LASER locates crime hotspots using past crime data, then sends out cops in
advance to stop crimes there. In order to prevent burglaries, the Kent Police in the UK

170
Mohler, G. O., Short, M. B., Brantingham, P. J., Schoenberg, F. P., & Tita, G. E. (2017).
Randomized controlled field trials of predictive policing. Journal of the American Statistical
Association, 112(519), pp.878-897.
171
Mohler, G. O., et al. (2015). The implications of hotspot assignment methods on the stability and
spatial concentration of crime. Journal of Quantitative Criminology, 31(4), pp.625-648.
172
Ratcliffe, J. H. (2016). The limits of police performance: The I's don't have it. Policing: A Journal of
Policy and Practice, 10(3), pp.229-232.

113
have implemented predictive policing. The police are able to identify neighbourhoods
with a higher risk of burglary and concentrate patrols there by looking at historical
crime data and other pertinent indicators. The PredPol program is used by the Santa
Cruz Police Department to conduct predictive policing. To analyse crime data and
produce daily hotspot maps, the software employs machine learning algorithms,
which aid police personnel in crime prediction and prevention.173

4.5. SENTIMENT ANALYSIS FOR SOCIAL MEDIA MONITORING

The practice of sentiment analysis for social media monitoring involves applying
machine learning and natural language processing (NLP) tools to examine social
media content and identify the sentiment or emotional tone reflected in the text. It
entails sifting through posts, comments, and other social media interactions for
subjective data in order to get perceptions into the general public's viewpoint, client
feedback, and upcoming trends. Law enforcement organizations can track public
safety concerns, find criminal activity discussed on social media sites, and spot
possible threats by using sentiment analysis.174 When monitoring social media, the
main components of sentiment analysis are, The information that law enforcement
organizations collect from various social media platforms includes tweets, posts,
comments, and other user-generated content. They use the APIs (Application
Programming Interfaces) made available by websites like Twitter, Facebook, and
Instagram to access open data. Tokenization, stop word removal, stemming, and
normalization are a few of the preprocessing steps that are applied to the acquired text
data. Text is transformed into an analysis-ready format in this step to prepare the data
for sentiment analysis.175 To ascertain the sentiment conveyed in the material,
machine learning and NLP algorithms are applied to the pre-processed text data.
These algorithms are capable of categorizing text as positive, negative, or neutral and,
on occasion, calculating sentiment scores to indicate how positive or negative a
passage is. Social media platforms are continuously watched in real-time as part of

173
Willis, J. J., Mastrofski, S. D., & Weisburd, D. L. (2019). Can policing be predictive? An evaluation
of the predictive policing experiment in Shreveport. Journal of Experimental Criminology, 15(4), 533-
561.
174
Kouloumpis, E., Wilson, T., & Moore, J. D. (2011). Twitter sentiment analysis: The good the bad
and the OMG! ICWSM, 11(1), pp.538-541.
175
Aggarwal, N., & Singhal, S. (2016). Twitter sentiment analysis using hybrid cuckoo search and
particle swarm optimization algorithms. Expert Systems with Applications, 46, pp.375-382.

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sentiment analysis for social media monitoring. In order to evaluate massive volumes
of data quickly and identify emerging patterns, dangers, or issues related to public
safety, law enforcement organizations use automated systems.176
When monitoring social media during significant events or protests, the New York
City Police Department (NYPD) uses sentiment analysis to identify potential threats
and gauge public opinion. The NYPD can spot impending difficulties and distribute
resources appropriately by examining social media interactions. Sentiment analysis is
a tool used by the London Metropolitan Police Service to track down criminal
behaviour and public safety issues on social media platforms. To proactively handle
potential dangers, they keep tabs on conversations involving particular terms or
events. When large-scale events, like festivals or sporting competitions, take place,
the Victoria Police in Melbourne, Australia, monitors social media for sentiment. This
allows them to learn about how the public feels about certain topics. By doing so,
they can evaluate the crowd's mood and spot any potential security threats.

4.6. FACIAL RECOGNITION TECHNOLOGY –

Biometric facial recognition technology analyzes and recognizes human faces in
pictures and videos using artificial intelligence (AI) algorithms. To generate a
distinctive facial template, it entails recording and processing facial traits including
the space between the eyes, the nose's shape, and the curves of the face. 177 To identify
people or confirm their identification, a database of recognized faces is then
compared to this template. Computer vision techniques are used by facial recognition
systems to find and identify human faces in still or moving images.178 To do this,
patterns of light and dark regions are examined in order to pinpoint facial features
like the eyes, nose, and mouth. Facial recognition algorithms identify faces, extract
distinguishing facial characteristics, and produce a face template or facial signature.
To find matches or resemblances, this template is compared to a database of
recognized faces. Law enforcement organizations can instantly identify people from
live video feeds or surveillance material thanks to facial recognition technology,
176
Ghiassi, M., Skinner, J., & Zimbra, D. (2013). Twitter brand sentiment analysis: A hybrid system
using n-gram analysis and dynamic artificial neural network. Expert Systems with Applications,
40(16), pp.6266-6282.
177
Jain, A. K., Ross, A., & Prabhakar, S. (2004). An introduction to biometric recognition. IEEE
Transactions on Circuits and Systems for Video Technology, 14(1), pp.4-20.
178
Klare, B. F., Burge, M. J., Klontz, J. C., & Jain, A. K. (2012). Face recognition performance: Role
of demographic information. IEEE Transactions on Information Forensics and Security, 7(6), pp.1789-
1801.

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which can work in real-time. When a person of interest is discovered, this permits
quick response and action.179 Law enforcement agencies frequently employ facial
recognition technology for a variety of objectives, such as:
a. Identification of Suspects: To identify suspects or persons of interest, law
enforcement might match faces from CCTV footage or other sources with
databases of known criminals.
b. Missing Persons: Facial recognition software can help in the search for
missing people by comparing their pictures to databases or looking through
social media for possible sightings.
c. Border Security: At border checks, facial recognition is used to compare a
traveller’s identification to a watchlist or their passport photo.180
Face recognition technology is used by the Chinese government for both
public monitoring and law enforcement. For instance, they have employed
facial recognition technology to locate and detain offenders in crowded
places or at significant events. Through its Next Generation Identification
(NGI) system, the FBI of the United States makes use of facial recognition
technology. Through this method, police enforcement organizations from all
around the nation may search and compare faces to a sizable database of
criminal histories. The Metropolitan Police in London, UK, scans faces in
public places using facial recognition technology and compares them to a
watchlist of people associated with criminal activities or recognized threats.181

4.7. AI IN JUDICIAL DECISION MAKING –

Artificial intelligence (AI) in judicial decision-making refers to the application of AI

and machine learning algorithms to help judges and legal practitioners make more
informed and effective decisions in legal issues. These tools can examine a sizable
quantity of legal data, spot trends, and offer insights to help judges make decisions
that are fair and consistent. In-depth legal databases, statutes, case law, and

179
Grother, P., Ngan, M., & Hanaoka, K. (2017). Face recognition vendor test (FRVT) performance of
automatic face recognition applied to video surveillance. National Institute of Standards and
Technology (NIST) Interagency Report, NISTIR 8213.
180
Zhang, D., & Jain, A. K. (2010). A survey on recent advances in face recognition. In Proceedings of
the 22nd International Conference on Pattern Recognition (ICPR), pp.1-4.
181
Klontz, J. C., Jain, A. K., Klare, B. F., & Burge, M. J. (2012). Face recognition: A literature survey.
ACM Computing Surveys, 45(3), p.26.

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precedents can be combed through by AI-enabled systems to efficiently extract
pertinent information. Judges can get thorough analyses of instances that are
comparable thanks to this, which helps them make wiser choices.182Judges can
determine the chances of success in a given legal dispute by using AI algorithms that
forecast case outcomes based on past data. In the court system, this can help with case
management and resource allocation.AI can help in sentencing decisions by taking
into account significant aspects including the gravity of the offense, the defendant's
prior criminal history, and others. With the help of these algorithms, sentencing
should be less biased and more egalitarian.By streamlining document processing,
automating administrative work, and optimizing court scheduling, AI technology can
increase the effectiveness of the legal system.Chatbots that use artificial intelligence
(AI) can inform the public on the law, respond to frequently asked legal questions,
and provide instructions on legal procedures, increasing the accessibility of legal
services.
Some American jurisdictions employ the AI-based COMPAS technology to evaluate a
defendant's likelihood of recidivism. COMPAS stands for Correctional Offender
Management Profiling for Alternative Sanctions. It examines a number of variables to
forecast a defendant's propensity for committing additional crimes, which might
affect recommendations for pretrial release and sentences.
The e-Court system in Estonia uses artificial intelligence to assign cases to judges
based on their experience and workload. By offering pertinent case law and
precedents, the technology also aids judges in their legal research and decision-
making.The Singapore Academy of Law's Future Law Innovation Programme (FLIP),
which examines the application of AI and legal analytics to advance case analysis,
forecast case outcomes, and better dispute resolution procedures, is based in
Singapore.
The use of artificial intelligence in India's courts is still in its infancy. To investigate
the possibilities of AI in supporting judicial decision-making, some projects have
been made:
1. National Judicial Data Grid (NJDG): The NJDG is an online database that
offers details on active and concluded legal matters in Indian courts.
Although it is not AI-driven in and of itself, it sets the groundwork for future
AI applications.
182
World Economic Forum. (2019). Artificial Intelligence and the Future of Law: A Primer for Judges.

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 2. NITI Aayog's AI plan: In 2018, India's government think tank, NITI
Aayog, published a national AI plan that calls for investigating the use of AI
in the judiciary to improve accessibility, efficiency, and transparency.

4.8. AI-ASSISTED LEGAL RESEARCH –

Artificial intelligence (AI) technologies are used to improve and streamline the
process of performing legal research. Natural language processing, machine learning,
and data analysis are used by these technologies to examine a large quantity of legal
data, find pertinent cases, statutes, and precedents, and offer useful insights to legal
practitioners. Legal documents including contracts, court rulings, and legal briefs can
all be analysed by AI systems to extract relevant information.183 As a result, legal
scholars and practitioners can find pertinent phrases, justifications, and precedents
with ease. Large case law and precedent databases can be analysed by AI-powered
systems to find relevant cases and extract important legal principles. Making strong
arguments and comprehending the legal environment can both benefit from this.
Artificial intelligence-based chatbots and virtual assistants can answer legal questions
immediately, suggest relevant sources, and aid legal practitioners as they conduct
their research. The effectiveness of legal research can be enhanced by using these
techniques.184 The analysis of legal data by AI algorithms can reveal trends,
correlations, and patterns. Using data-driven decisions, forecasting case outcomes,
and evaluating the potency of legal arguments are all made possible.
Using natural language processing to comprehend user inquiries, ROSS Intelligence
is an AI-powered legal research tool that provides pertinent case law and legal
commentary in the United States of America. To sped up their legal research
procedures, law firms use it. With the aid of artificial intelligence (AI), the
LexisNexis Context tool analyses legal papers in the UK and offers contextual data
such relevant precedents, laws, and legal analysis. It enables access to pertinent legal
data and helps legal practitioners develop deeper insights. The use of AI-assisted legal
research is expanding in India, where a number of initiatives and platforms are
leveraging the technology to improve the legal research processes. Manupatra is one
183
Moustafa, R. (2021). Legal research in the age of artificial intelligence. IEEE Transactions on
Engineering Management, pp.1-12.
184
Oskamp, A., & Belkin, N. J. (2020). The impact of artificial intelligence on legal research: Past,
present, and future. Artificial Intelligence and Law, 28(3), pp.241-277.

118
of the country's top legal research platforms, utilizing AI to offer all-inclusive legal
research solutions. It provides case law statistics, powerful search features, and
recommendations for further reading aided by AI.185 Further, SCC Online The case
law, laws, and legal periodicals are analysed and indexed by AI algorithms on the
legal research portal SCC Online.186 Advanced search tools and AI-powered legal
research aid are made available to users.

4.9. PREDICTIVE ANALYTICS IN SENTENCING

Predictive analytics in sentencing uses data analysis and machine learning algorithms
to estimate the risk that a person will commit future crimes or reoffend in the future.
With the use of these technologies, judges and other criminal justice professionals
will be better equipped to make data-driven choices during the sentencing phase.
Predictive analytics can assist in identifying those who may benefit from
rehabilitation programs or alternative sentencing choices as well as those who may
pose a higher risk to society by taking into account a variety of risk indicators and
previous data. Predictive analytics models evaluate a person's risk level based on a
variety of variables, including their demographics, socioeconomic status, and past
criminal history. An evaluation of the risk of reoffending is included in the outcome.
Predictive analytics systems can provide courts with suggestions for sentences based
on the risk assessment. The system may suggest alternative sentencing measures like
probation or rehabilitation programs for those who are judged to pose little risk to
society.187 The system may advise harsher punishments or interventions for high-risk
individuals. Predictive analytics gives judges extra data to support their judgment,
helping them to make more educated decisions regarding the right sentence and
possible rehabilitation options. Predictive analytics in sentencing involves ethical
issues, such as the possibility of biased algorithms and the danger of sustaining
already-existing inequalities in the criminal justice system.

185
Gomathi, C., & Mala, T. (2019). An analysis on the role of artificial intelligence in the legal
profession in India. Journal of Advances in Science and Technology, 16(10), pp.38-45.
186
Roy, A. (2021). Application of artificial intelligence in Indian legal profession: Opportunities and
challenges. In Artificial Intelligence, Blockchain, and Cybersecurity Paradigms (pp. 33-47). IGI
Global.
187
Rudin, C., & Radin, J. (2018). The age of opacity: Legal and ethical concerns about predictive
policing and sentencing. Journal of Applied Philosophy, 35(3), pp.381-392.

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One of the most well-known predictive analytics technologies in use in the US is the
Correctional Offender Management Profiling for Alternative Sanctions (COMPAS). It
evaluates the likelihood of recidivism and offers risk scores to judges to aid in the
choice of sentence.188 In Germany, the Court-Risk-Assessment (CRA) method is used
to assess the likelihood of recidivism. It creates a risk assessment for sentencing
reasons by taking into account elements including the defendant's age, prior
convictions, and work position. Specific instances of the use of predictive analytics in
Indian sentencing were not widely documented as of September 2021. But as
technology is increasingly used in criminal justice procedures, it's probable that
advances in predictive analytics have been made since then.

4.10. AI-POWERED CASE MANAGEMENT SYSTEM

In the legal sector, AI-powered case management solutions have become a game-
changing solution, altering the way legal cases are managed, structured, and
processed. These systems make use of artificial intelligence (AI) and machine
learning technology to automate certain legal operations, boost productivity, and give
legal practitioners insightful data. AI is changing the legal industry by automating
repetitive duties and freeing up lawyers to concentrate on more important legal work.
These tasks range from document management to data analysis and predictive
analytics.189 Handling a lot of paperwork is one of the main difficulties in legal
practice. Natural language processing (NLP) is used by AI-powered case management
systems to automatically categorize, arrange, and extract pertinent information from
legal documents. In addition to accelerating document review and ensuring quick
recovery of crucial information when needed, this greatly lowers manual work. To
provide thorough insights for legal study, AI algorithms can analyse huge databases
of legal information, including case law, statutes, and legal papers. Artificial
intelligence-powered case management solutions help attorneys make informed
judgments and strengthen their case strategy by swiftly locating pertinent precedents
and legal arguments. Automation of Workflow, Artificial intelligence (AI) can
automate routine administrative chores including setting up court dates, controlling
188
Kroll, J. A., Huey, J., Barabas, C., & Felten, E. W. (2017). Accountable algorithms. University of
Pennsylvania Law Review, 165(3), pp.633-705.
189
Knittel, N. (2018). The robots are here: How AI is transforming the legal profession. University of
California, Davis Law Review, 52, pp.2035-2072.

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deadlines, and producing standard legal papers. In addition to saving time, this lowers
the possibility of human error, resulting in more efficient case management
procedures.190 Case management systems with AI capabilities can examine historical
case data and spot trends that might not be obvious to human observers. Lawyers can
acquire risk evaluations and learn more about the possible outcomes of a case by
employing predictive analytics.191 This helps attorneys optimize their legal strategy
and make data-driven decisions.
Clio (United States), a well-known cloud-based case management application with AI
features. It has functions including document management, time tracking, billing, and
integration of legal research. Clio streamlines a number of case management
processes, enabling attorneys to work effectively with clients and manage their
cases.192 A cloud-based case management and legal accounting program with AI
integration is called LEAP (United Kingdom). It offers functions including client
communication, document automation, and matter tracking, allowing legal firms to
increase productivity and provide superior client service.193 The legal sector in India
has seen a rise in interest in AI-driven case management solutions in recent years. In
order to solve the particular difficulties faced by Indian legal practitioners, a number
of legal tech businesses and organizations are concentrating on creating AI-based
solutions. These solutions seek to improve accessibility to legal information and
services, boost transparency, and streamline case management procedures.

190
Zwitter, A. (2020). Artificial intelligence in legal practice and research. In The Cambridge
Handbook of Technology and Human Rights (pp. 395-413). Cambridge University Press.
191
Susskind, R., & Susskind, D. (2019). The future of the professions: How technology will transform
the work of human experts. Oxford University Press.
192
Clio - https://www.clio.com/: (accessed on 12 June 2023).
193
LEAP - https://www.leap.co.uk/ : (accessed on 12 June 2023).

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 CHAPTER-FIVE
CONCLUSION AND SUGGESTION

5.1 CONCLUSION

Numerous issues that the Indian Criminal Justice System encounters have an impact
on its effectiveness, efficiency, and fairness in maintaining the law and defending the
rights of citizens. For a more reliable and adaptable system, it is crucial to recognize
these problems and carry out the necessary modifications. In this section, we'll look at
several important areas that need improvement as well as the effects reforms in these
areas might have. Investigation Reforms are Increasing Forensic Capability Through
The quality of the evidence used in court can be raised by funding contemporary
forensic equipment and training forensic specialists, which results in more precise
and trustworthy investigations. Developing investigative agencies' professionalism
by, The capacity of law enforcement agencies can be increased by giving
investigators specialized training, establishing standardized investigative processes,
and encouraging a scientific approach to investigations. It is possible to acquire
evidence and identify suspects more quickly by using cutting-edge technologies like

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data analytics, facial recognition, and surveillance systems. The Criminal Justice
System can improve its ability to find the guilty and bring them to justice while
decreasing the incidence of erroneous convictions by changing the investigation
process. These other judicial reforms include: The backlog of cases can be reduced
and the legal process sped up by implementing case management systems,
establishing trial schedules, and encouraging alternate conflict settlement techniques.
To increase the effectiveness of courts and guarantee prompt case resolution, more
judges and support staff should be hired. They should also receive frequent training.
All people, especially those from socially marginalized groups, can benefit from
having access to competent legal representation by strengthening legal aid services.
As a result of judicial changes, the public may be more confident in the criminal
justice system since cases will be completed more quickly, the courts will be less
crowded, and more people will have access to justice. The prison reforms are, when
we delve further into them: Inmates can be helped to reintegrate into society and
recidivism rates can be decreased by putting more emphasis on rehabilitation
programs inside prisons, such as those that provide education, vocational training,
and mental health support. Inmates' fundamental rights can be protected and their
humane treatment can be promoted by modernizing prison infrastructure, enhancing
living conditions, and guaranteeing access to necessities. Examining alternatives to
prison for non-violent offenders, including community service or probation, can
lessen prison overcrowding and support efficient punishment and reformation
procedures. By supporting positive behavioural changes in prisoners and lowering the
chance of repeat offenses, prison reforms can build a correctional system that
prioritizes rehabilitation.
Accountability and oversight mechanisms also keep an eye on police reform. A
solution to the problems of corruption, misbehaviour, and excessive use of force is to
establish independent oversight organizations like Police Complaints Authorities. The
community's faith in and collaboration with the police can be improved through
promoting community policing initiatives, where law enforcement officers interact
with citizens and proactively solve neighbourhood problems. The professionalism
and effectiveness of the police force can be raised by funding extensive training
programs and giving cutting-edge tools and technology. Police reforms can strengthen
law enforcement's capacity to efficiently prevent and investigate crimes, develop
better police-community ties, and improve public view of the police. The Indian

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Criminal Justice System has to be reformed, both to address current issues and to
build a more effective, equitable, and transparent system. These changes may result in
more thorough investigations, hurried courtroom proceedings, greater criminal justice
capacities, and improved rehabilitation. India can make sure that its Criminal Justice
System upholds the ideals of justice, safeguards citizen rights, and preserves the rule
of law by taking a holistic approach to reform.
In order to uphold law and order, protect citizens, and guarantee that justice is done,
the criminal justice system is a vital component of any society that is functioning
well. This system has encountered several difficulties in India over the years, which
have prompted requests for all-encompassing reforms in a number of areas. We'll now
look into the Indian Prison System, the Indian Police System, the Evolution of Cyber
Laws, and the Integration of AI into the Criminal Justice System. Law enforcement
organizations, the judicial system, and correctional institutions are some of the crucial
parts of India's complicated criminal justice system. Investigation of crimes, capture
perpetrators, fair trials, and reintegration of those caught up in them are its main
objectives. The system has, however, suffered from a number of flaws, including
inefficiency, bribery, overcrowding in jails, and a lack of prompt justice. The
Criminal Justice System (CJS) is a structure of organizations, laws, and procedures
designed to uphold law and order, prevent crime, and deliver justice in a society.
Investigations into lawbreakers are conducted, and they are brought to justice and
punished. The Criminal Justice System (CJS) seeks to achieve a balance between
defending the rights of those who have been accused and guaranteeing public safety
and security.
When it comes to upholding peace and order and shielding citizens from crime, the
Indian Police System is essential. Political meddling, a lack of modernisation,
inadequate training, and corruption, however, have all posed serious problems for it.
A number of reforms have been suggested to address these problems, including To
increase the efficiency of law enforcement, it is crucial to upgrade police facilities,
give out contemporary equipment, and put technology-driven ideas into practice. By
funding thorough training programs for police officers, it may be made sure that they
have the knowledge and abilities needed to deal with contemporary problems while
still acting professionally. The prevention and detection of crime can be improved by
fostering deeper ties between the police and the local community. This will improve
collaboration and knowledge of community issues. Transparency and effectiveness

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will be enhanced by shielding the police from political interference and putting in
place measures for accountability. The police's capacity to stop and solve crimes can
be improved by using cutting-edge technologies like data analytics, facial
recognition, and predictive policing. In keeping the peace, preventing and detecting
crime, and upholding justice in the nation, the Indian Police System is essential.
However, it struggles with a number of issues like graft, shoddy infrastructure, a lack
of modernisation, and frequently tense interactions with the general people.
Overcrowding, poor living conditions, and insufficient access to basic facilities are
just a few of the problems that have long plagued the Indian prison system. High
recidivism rates are also a result of the emphasis on punishment as opposed to
rehabilitation. The Indian jail System is in charge of the custody, treatment, and
rehabilitation of those who have been found guilty of crimes in order to transform the
jail system. However, overpopulation, substandard housing, insufficient healthcare,
and a dearth of rehabilitation programs are problems that Indian prisons have long
faced. The jail system has been reformed, and the living conditions of convicts have
been improved. The promotion of non-incarceration options, the adoption of cutting-
edge prison administration strategies, the introduction of educational and vocational
training programs, and the reinforcement of rehabilitative and reintegration initiatives
are a few of these reforms.
Repeat offenses can be decreased by lowering overcrowding, implementing
alternatives to incarceration for non-violent offenders, and placing a strong emphasis
on rehabilitation programs. Facilities in prisons: For inmates to live in a humane
environment, it is imperative that prison infrastructure and facilities be improved. It
can be helpful to address the underlying problems causing criminal behaviour to
address inmates' access to healthcare services and mental health support. By
implementing programs for skill development and vocational training, prison
offenders will be better equipped to live productive lives after being released.
Encouragement of restorative justice procedures can aid in the healing of both victims
and offenders and build a feeling of accountability and responsibility.
Cybercrime is a major worry in a world that is becoming more and more digital.
Cyber laws are created to deal with illegal activity that takes place online, such as
hacking, online fraud, identity theft, and cyberbullying. By enacting these laws,
lawmakers hope to safeguard citizens, businesses, and governments from the dangers
that cybercriminals bring. Cyber laws must frequently be updated to reflect the

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changing nature of cybercrimes. These reforms can entail bringing laws up to date,
strengthening law enforcement resources, fostering international cooperation, and
expanding knowledge of cyber threats and safeguards. The necessity for thorough
cyber laws has grown in importance as a result of the internet's and technology's
explosive growth. In this area, India has come a long way, but there are still issues to
be resolved before cybercrime can be adequately dealt with. Among the principal
areas where changes to cyberlaws should be made are For the purpose of addressing
new cyber risks and crimes, it is crucial to update existing laws and introduce new
ones. To ensure a thorough response, it is essential to increase the ability of law
enforcement agencies to look into and address cybercrimes. The prevention of
cybercrimes and the protection of personal data can be aided by raising cyber
awareness among individuals and groups. Given that cybercrime knows no borders,
strengthening global coordination and cooperation in this area is essential. It is crucial
to enact comprehensive data protection rules and regulations to preserve people's
privacy and secure sensitive information.
Through the augmentation of decision-making processes, increased effectiveness, and
enhanced outcomes, artificial intelligence (AI) has the potential to completely
transform the criminal justice system. Predictive policing, facial recognition,
automated risk assessment, and case management are just a few of the uses for
artificial intelligence technologies that are available. But there are moral, societal, and
legal issues with using AI in the criminal justice system. Inequalities that may be
exacerbated by factors like algorithmic bias, privacy invasion, lack of transparency,
and other factors must be carefully considered. To guarantee that AI technologies be
applied ethically and in compliance with human rights principles, certain rules and
regulations are required. By strengthening investigations, enhancing decision-making,
and enhancing efficiency, artificial intelligence (AI) has the potential to change the
criminal justice system. Nevertheless, issues with accountability, bias, and privacy
arise with its implementation. The following factors need to be taken into account in
order to fully utilize AI while overcoming these obstacles. It is essential to make sure
AI systems are created and used ethically, with openness, justice, and accountability
at their core. Putting in place systems to spot and reduce biases in AI algorithms to
stop unfair outcomes in decisions affecting the legal system and law enforcement.
While using AI techniques for criminal justice objectives, it is crucial to preserve
personal information and guarantee privacy protection.AI systems should continue to

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be subject to human inspection and control in order to avoid overusing technology
and potential exploitation. To handle new difficulties and guarantee that the
technology is in line with the changing requirements of the criminal justice system,
regular review of AI systems and adaptive policies are required.
Comprehensive reforms on many fronts are needed to strengthen the criminal justice
system in India. The Indian Police System needs to be overhauled, attention should be
given to the infrastructure of prisons and rehabilitation centres, cyber laws should be
updated, and AI should be carefully integrated into the system. To develop a fair,
effective, and compassionate Criminal Justice System that promotes the rule of law,
protects citizens, and assures justice for all, it is crucial for politicians, law
enforcement agencies, and the court to work together and solve the problems. To
address the issues and flaws in these institutions, the Indian Police System and the
Indian Prison System both need to undergo reform. The same is true for cyber laws,
which must be updated and strengthened frequently to address the growing threat of
cybercrime. Although there are prospects for efficiency and effectiveness with AI
integration in the criminal justice system, the ethical and legal ramifications need to
be carefully considered. To effectively use technology while also upholding due
process and human rights, a balance must be struck.

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