Author Login IJIRT Partner Network (IPN) Login

Legal Implications and Challenges of Forensic Analysis and Digital Data under New Criminal Laws

  • Unique Paper ID: 168970
  • Volume: 11
  • Issue: 6
  • PageNo: 14-34
  • Abstract:
  • The recent passage of the Bharatiya Nyaya Sanhita 2023, the Bharatiya Nagarik Suraksha Sanhita 2023, and the Bharatiya Sakshya Adhiniyam 2023 marks an important transformation of the criminal justice system in India. These laws are designed to modernize the criminal code, enhance public safety, and improve the rules of evidence. The new legislation focuses on a revision of statutory definitions of crime, a quicker process for adjudication, improvements in technologies related to policing, and better protections for victims of crime. To that end, the reforms to the field have been opposed by concerns regarding implementation, reflecting on the nationwide lack of resources and training to efficiently oversee police practices and structure criminal proceedings. Defined police powers and authorities imposed by the legislative reform also raise concerns regarding the possibility of misuse, infringement on privacy, and encroachment on civil liberties. With some emphasis on efficiency in forwarding criminal processes, critics note that it confounds an already strained judicial process and seek to assuage fears surrounding a judicial backlog. Concerns around engagement with marginalized communities vis-à-vis legitimacy of sentencing, present systemic discretion in policing towards particular communities and minorities, resulting in negative engagement with the implicit bias that the legislation intends to address. Further, the lack of clarity around criminal criminalization, or rapidly changing the law without engagement through notice and understanding, raises issues surrounding lagging criminal sanctions and constitutional reappearances. Addressing these issues will be crucial to establishing the reforms as successful in achieving their objectives, without these individuals encountering their limitations - or other unintended consequences.
Download article email to a friend

Cite This Article

  • ISSN: 2349-6002
  • Volume: 11
  • Issue: 6
  • PageNo: 14-34

Legal Implications and Challenges of Forensic Analysis and Digital Data under New Criminal Laws

Related Articles

18 Sep, 2024

Men are Vulnerable Too! Assessing the New Criminal Laws in the light of Gender Based Offences

Read More
Impact Factor
8.01 (Year 2024)
UGC Approved
Journal no 47859

Join Our IPN

IJIRT Partner Network

Submit your research paper and those of your network (friends, colleagues, or peers) through your IPN account, and receive 800 INR for each paper that gets published.

Join Now

Latest Publication

Archive

View More

Recent Conferences

NCSEM 2024

National Conference on Sustainable Engineering and Management - 2024 Last Date: 15th March 2024

Submit inquiry