Artificial Intelligence (AI) is increasingly being integrated into criminal justice administration through predictive policing tools, risk assessment models, facial recognition systems, and algorithmic sentencing frameworks. While these technologies promise efficiency, objectivity, and data-driven decision-making, they simultaneously raise serious constitutional and human rights concerns. Predictive policing systems often rely on historical crime data, which may reflect entrenched socio-economic and racial biases, thereby risking discriminatory targeting and over-policing of marginalized communities. Similarly, sentencing algorithms and risk assessment tools used to determine bail, parole, and punishment may lack transparency, accountability, and procedural safeguards, potentially undermining the principles of equality before law, due process, and the presumption of innocence. In the Indian constitutional context, such applications of AI must be evaluated against Articles 14, 19, and 21, which guarantee equality, freedom, and the right to life and personal liberty. The opacity of proprietary algorithms further complicates judicial scrutiny and raises questions about fairness and natural justice. This study critically examines the legal and ethical implications of AI-driven criminal justice mechanisms, emphasizing the need for robust regulatory frameworks, algorithmic transparency, human oversight, and data protection safeguards. The paper aligns with Sustainable Development Goal 16 (Peace, Justice and Strong Institutions) by advocating accountable institutions, and SDG 10 (Reduced Inequalities) by addressing risks of systemic discrimination. It argues that technological advancement must be harmonized with constitutional morality and human rights to ensure that AI strengthens, rather than erodes, the rule of law.
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Dr. Richa Asopa
Ms. Savita Panwar
Jaipur National University
Institute of Chartered Financial Analysts of India University, Jaipur
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Asopa et al. (Mon,) studied this question.
www.synapsesocial.com/papers/69fbef68164b5133a91a355b — DOI: https://doi.org/10.82471/9yaaz-0qe27
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