Authored By: Mudita Tiwari
National Law University, Nagpur
ABSTRACT
In the recent times world has seen an exponential growth in both traditional and modern crimes. With a wide variety of crimes in almost every realm, technological developments come into picture to identify, Analyse, detect and to deal with different types of crimes as per their nature. Artificial Intelligence (AI) is one such branch which is becoming the most renounced technologies in the Forensic Science landscape, known to play a crucial role in providing high effectiveness, accuracy and efficiency. Artificial Intelligence has unending applications starting right from the day of crime to the very conclusion of the case. The paper examines the contribution of the technology and the rise in the successrate it hasled to in effectually handling these investigations. Additionally, the paper mentions about the efficacy of Digital Forensics and AI in the Criminal Justice System which aims to provide efficient disposal of matters. The study provides clarity with suggestions and recommendations for battling the challenges that the combination of AI and Digital forensics faces when implemented in the Criminal Justice System to investigate different kinds of criminal investigations. Furthermore, the study shows that Intelligent software has aided forensic investigations and reduced the errors that tend to occur due to cognitive bias. However, every technology sees some limitations; for example, intelligent systems require a humongous database of knowledge, which could result in wrong interpretations if inputs go beyond the trained data sets. Moreover, this can lead to some ethical and legal concerns. This research study uses a doctrinal and analytical approach to examine India’s present Laws and guidelines dealing with the underlying issue. The paper then converses that the blend of master and machine is needed to reduce the functioning load. Technology can make their job easier, but it can never replace them because forensic science is a field of experts, AI can only cater as a supplementary tool.
Keywords: Artificial Intelligence, Forensic Science, Digital Forensics, Criminal Investigation, Criminal Justice System
Introduction
The integration of Artificial Intelligence and Forensic Science, especially within the realm of crime, has been transforming the terrain of crime detection, investigation, and justice. While technology is unfolding its various ramifications, AI-powered facial recognition and predictive policing is leading to more precise, swift investigations that are data-based in their decisions.
AI in forensic science is not only enhancing traditional methods but is entirely revolutionizing how evidence is collected,studied, and understood, enabling forensic scientiststo work smarter, solve cases quicker, and bring more justice into the world.
Crime has changed significantly with society, technology, and the laws. In the past, most crimes were physical crimes like theft, assault, or murder. These blue-collar crimes left behind overt signs like fingerprints, weapons, and injuries, solved through eyewitness accounts, basic forensic tools, and manual detective work. But with modern technology, white-collar crimes like cybercrimes, financial frauds, and identity theft present new challenges as they happen on the internet.1 Cybercriminals use hacking, scams, and digital tricks that can reach different countries, leaving no physical clues. Cases are instead solved through complex tools, requiring law enforcement to find intelligent ways of combating crime.2
Forensic scientists can now rapidly analyze vast amounts of data by identifying digital footprints and hidden patterns, thus accelerating crime-solving. While traditional methods like fingerprint matching, bullet tests, and DNA checks remain important, they can be time consuming, sometimes inaccurate, and cannot handle the massive amounts of data involved in today’s crimes. AI tools can quickly and accurately scan through tons of information, using facial recognition and machine learning to identify patterns, suspects, and cases at a much faster rate. Digital forensics particularly benefits from AI as it digs through huge amounts of data to find hidden clues.3 AI is also valuable for recreating crime scenes, analyzing voices, and predicting where crimes might happen next.
However, there are challenges with using AI, including concerns about privacy, fairness, and the possibility of mistakes. To keep things fair and just, AI tools need strict rules and regular checks to avoid errors and biases. As crime evolves, forensic science must adapt with it. While there are challenges, AI’s benefits in solving crimes and making the process more accurate4 make it an essential tool in modern forensic science.
THE EVOLUTION OF CRIME
Crime is any act that disregards the law. According to Blackstone, it was a violation of the law; however, this definition is a little too broad. Austin said that crime is a wrong dealt with by the government, which implies that this focuses more on how the case is handled rather than what the crime actually is. Simply put, crime is the act of intent which causes harm to others that is illegal and punishable. Something which changes through time, because it is impacted by society, culture, and laws we live with.4 Traditional crimes include theft, assault, and murder. These are relatively simple crimes that involve physical acts such as hurting someone or damaging property. Most of these crimes are associated with certain social groups but can occur anywhere. Modern crimes are difficult and entail all the facilities of today’s technological advancement. Some examples of modern crimes include cybercrime, environmental damage, or theft of ideas and patents. What makes modern crime unique is the aspect of technology. It is therefore difficult to catch and understand it.
The Need for Advanced Technological Interventions in Forensics
Role of Forensic Sciences in Justice System
The term forensic science involves forensic (or forensis, in Latin), which means a public discussion or debate. Forensic science is about using scientific methods to solve legal problems, whether it’s in criminal cases like murder or theft, or civil cases such as pollution or accidents. It’s a way of applying science to the law, and many different areas of science can play a part. The forensic sciences belong to the penal system of most countries of the world; hence, it can be described as a means for the proper management of justice.5 Equipped with a rigorous scientific education in specific areas like chemistry, anthropology, physics, genetics, and medicine, forensic scientists are capable of interpreting and summarizing evidence to give meanings in expert opinions.6 These indeed constitute the bulk of the entire procedure of an investigation for any offense committed.
The 2018 Golden State Killer case, where forensic genealogy and DNA evidence led to the arrest of Joseph James DeAngelo after more than 40 years. Investigators used DNA from crime scenes and compared it with profiles on genealogy websites to identify the suspect. 7
Technological innovation in crime prevention and investigation
Sometimes, through forensic techniques along with technological equipment, crimes may be prevented in the future due to identification of criminal patterns, connections, and trends that may help law enforcement and judicial systems act proactively through prediction8. Recovery of data from electronic devices, which is one of the core bases of digital forensic technologies because now there are vast numbers of internet devices and gadgets on which one could obtain information providing digital evidence with higher effectiveness of solutions for forensic investigation cases. The three Ds of theory: digital data, digital devices, and digital evidence are known as triangulation; these have become a necessity for effective forensic investigation and depend on digital technologies.
For Example, CompStat of New York Police Department uses data analytics for the detection of crime patterns. Also, the 2019 Capital One data breach investigation, where digital forensics traced the breach to a former AWS employee.
Advanced tools and AI in modern forensic investigation
Good use of AI applications can reduce subjectivity and human error when interpreting data. The quality of the evidence being presented in court is raised as a result of this. The forensic sciences were given many advanced tools, devices, and applications by technology and its advancements to have a better and more accurate understanding of the crime scene and better and optimal acquisition of data and information to process faster.9 Besides that, sophisticated forensic tools not only enhance the detection and analysis of digital evidence but also help to preserve it and ensure chain-of-custody-a very sensitive area for legal purposes.
Some Real-Life Applications we can see is the use of AI-powered facial recognition in the investigation of the January 6, 2021, U.S. Capitol riot. Also, the 2023 Alex Murdaugh case which digital forensics of smartphones and cell data provided critical timelines.10
ARTIFICIAL INTELLIGENCE IN FORENSIC SCIENCE
Artificial Intelligence (AI) is computer technology that mimics human thinking in tasks like decision-making and pattern recognition. We encounter AI daily through movie recommendations, chatbots like ChatGPT, and medical diagnostics. While computers have been solving complex problems since the 1940s, they still can’t fully replicate human reasoning. However, AI excels at specific tasks like improving searches, speech recognition, and workplace safety. Its primary purpose is to assist humans by handling routine or dangerous tasks, enhancing transportation safety, and processing large data sets to provide valuable insights. Not just AI has transformed forensic science by enhancing analysis, pattern recognition, and evidence processing but also it eliminates human limitations like fatigue and bias, making investigations more accurate and efficient. In 2017, the FBI’s Next Generation Identification system successfully used AI to analyze fingerprints for a 1999 cold case. A latent fingerprint missed by traditional methods helped identify and lead to the arrest of a murder suspect. Likewise, in 2019, The New Zealand mosque shooting was a case where AI tools analyzed thousands of hours of social media content and digital evidence in just days, a job that would have taken months to complete for human investigators. It has made forensic investigations more cost-effective and more thorough than ever before. AI also enhances quality control by reviewing drug cases at Houston’s forensic lab in 2020, discovering wrongly classified evidence and preventing wrongful convictions. Still, AI has its limitations and can only operate under human supervision. AI-powered facial recognition caused the wrongful arrest of a young man in Detroit in 2021, proving the need for proper validation and ethical use.11 Though AI can be a mighty forensic tool, it should support human expertise so that justice may be fair and accurate.
Contributions of AI: Accuracy, Efficiency, and Effectiveness in Investigations
Increased Accuracy in Forensic Analysis
AI brings remarkable accuracy to forensic work, helping exclude human error and bias. The Case in point was the 2019 Houston Forensic Science Center case, when AI-powered fingerprint analysis correctly matched prints that human analysts had found themselves unable to match for months. The minute details in partial prints that go easily unnoticed under the human eye could be readily picked up. Another striking example of AI in use is its role in DNA analysis. DNA from multiple individuals analyzed together in one sample tends to be tricky in traditional approaches due to a greater chance of interpretive error. AI processes evidence at speeds that are revolutionizing the rapid movement of cases. Take the case in 2020 when investigators in London needed to track a suspect’s movements by scanning thousands of hours of CCTV footage. AI video analysis completed the task in hours rather than weeks for human analysts. Equally, in documentary-intensive financial crimes investigations, AI can now scan millions of transactions and documentations in minutes. They can identify suspicious patterns and possible evidence in such large volumes. 12 For instance, the 2022 Medicare fraud investigation in Florida was a landmark when AI analysis identified fraudulent billing patterns across thousands of claims within days. The task had taken investigators months to complete if it had been done manually.
Greater Effectiveness in Solving Cases
AI’s capacity to connect the dots across large volumes of data has led to breakthrough moments in many investigations. A compelling example is the resolution of the cold case in California in 2021, where AI analysis of historical case files identified connections between seemingly unrelated crimes spanning two decades, leading to the identification of a serial offender. It has also proven to be very valuable in ballistics analysis. In Chicago, AI-powered ballistics matching systems have helped police link multiple shooting incidents by analyzing microscopic markings on bullet casings, leading to higher solve rates for gun-related crimes.13 The system can compare new evidence against millions of records in minutes, finding matches that might never have been discovered through traditional methods.
Merging Technologies in Digital Forensics
Blockchain technology is that one which was first popularized in securing cryptocurrencies. It emerges as one of the key assets today in forensic investigations because criminal activities related to illegal transactions, money laundering, and fraud often leave behind these digital footprints in blockchain networks. Investigators use blockchain analysis tools such as Chainalysis and Elliptic in tracking illicit transactions and tracing financial crimes back to the source. For instance, in 2021, U.S. authorities recovered $2.3 million worth of
Bitcoin from aransomware attack on Colonial Pipeline using blockchain analysis, demonstrating the effectiveness of this technology in cybercrime investigations. With the proliferation of smart devices, forensic experts now analyze data from IoT (Internet of Things) devices such as smart home assistants, security cameras, and wearable technology. These devices may eventually become the source of crucial evidence in criminal investigations. There is an example from Florida, where in 2018, the data obtained from a victim’s Fitbit contradicted the alibi advanced by the suspect, who was convicted. The extraction of timestamps, location history, and voice recordings from IoT devices is an added facet to the tool of forensic science.14
Quantum computing is still in the very early stages of development but has potential to transform forensic science. Quantum computers solve such complex encryption-decryption algorithms much faster than traditional computers do. Cybercrime investigations therefore become greatly valuable with quantum computers. Researchers proved in 2022 how quantum algorithms break the traditional encryption techniques by both security and opportunities for law enforcement in digital forensics.
AI-based applications have made it easier for data recovery processes in forensic investigations. Law enforcement agencies employ AI in retrieving lost, deleted, or encrypted data from digital devices.15 For instance, Indian law enforcement managed to recover WhatsApp deleted messages and encrypted data of a high-profile case of financial fraud in the year 2021 by making use of AI-based forensic tools and eventually arresting a few involved people in the scheme. The possibilities these have open up mean investigators can obtain evidence that could have otherwise remained forever hidden in cyberspace.
Challenges and Limitation in AI-Powered Forensic Analysis
Ethical and Legal Concerns
Forensic research involving AI technologies raises privacy concerns related to consent over one’s personal information. After all, it’s difficult for legal statutes to remain abreast of AI developments, making it uncertain whether AI-generated evidence will be admissible in court.16 AI systems could inherit biases through training data. Thus, decisions and outcomes based on such biased data may appear unfair or even discriminatory. Continuous evaluation of the forensic AI tool will be in order to ensure unbiased decision-making. For example, the COMPAS recidivism algorithm proved racially biased for criminal behavior predictions.17
Technical Challenges
- Data Quality and Standardization
AI models rely on high-quality datasets for accurate analysis. Inconsistent or incomplete data can lead to misinterpretation, impacting investigations. Standardized data collection and management protocols are essential to improve AI accuracy.
- Cybersecurity and Adversarial Attacks
AI forensic systems are vulnerable to adversarial attacks, in which malicious actors manipulate data to deceive the algorithm. Continuous updates and monitoring of algorithms are therefore essential for ensuring robust cybersecurity measures in maintaining the integrity of forensic investigations.18
- Algorithm Reliability and Explainability
Complex AI models, especially deep learning algorithms, are usually not transparent. Forensic experts may not be able to validate AI findings, which makes it challenging to communicate results in court. Explainable AI (XAI) methodologies are aimed at addressing this problem by providing more clarity in AI decision-making.
Barriers to Implementation
1) Cost and Resources and Resistance to Change and Training Needs
Developing and maintaining AI-based forensic tools are expensive. Forensic laboratories in developing countries lack funding and are not well-equipped with specialized AI infrastructure and training programs. Forensic traditionalists have an aversion to AI based on the loss of jobs and the dependency of forensic experts on the automated system.19 This aspect is addressed with full training curricula and in emphasizing AI as an adjunct and not a substitute for human ability.
2) Linguistic and Regional Challenges
In countries such as India, linguistic and regional diversity pose particular challenges in the field of digital forensics. AI tools must be capable of analyzing multilingual data with efficiency. Natural language processing improvements have enhanced the ability of AI to process regional dialects and languages, supporting forensic investigations.20
Addressing Bias and Fairness in AI
Diversifying datasets will provide innumerable examples with which AI can train, reducing bias and enhancing fairness. Also, Continuous model validation here seeks the regular performance evaluation of the model to identify any potential bias arising in time.21 The use of fairness aware algorithms is implemented to actively consider and reduce the opportunity for bias in any decision-making process.
Psychological Effect on Investigators
Forensic investigators constantly have to examine and analyze crime scene photos, videos, and materials that can disturb their psychological comfort.22 AI helps by filtering and bringing in alerts on graphical content for reduction of direct exposure and improving the well-being of investigators involved. For CSAMs, AI systems work by gaining access and sorting large datasets, allowing faster investigations without exposing humans to the material.23
Current Legislation Position
Indian Information Technology Act deals with cybercrimes and electronic evidence handling but needs amendments to effectively put AI-based forensic analysis within the legal system. Similarly, the Indian Evidence Act presently accepts digital evidence; it, too, needs an amendment to accommodate AI-based forensic findings of the evidence to include that within the purview of legal validity.24 Again, cybercrime regulations with regards to India need to be updated and established in order to deal with crimes concerning AI,such as deepfakes, AI driven frauds, automated hacking frauds, among others. In the very same manner, the Personal Data Protection Bill (PDPB) that targets protecting digital data must also include the necessary legal protection for AI forensic investigations in the proper use of these technologies.25 India’s cybersecurity agency, CERT-In, issues guidelines on digital forensics. These guidelines are to be enlarged to include AI-driven forensic methodologies. Standard forensic lab procedures would also need upgradation to involve AI-based analysis of evidence. India’s strategy for AI also needs to address forensic applications as well, giving clear ethical and operational guidance towards their use. It is also very important to innovate new protocols of investigation while introducing AI tools into the process and ensuring that legal and ethical principles are observed, making the use of AI applications in forensic science responsible.
Future Trends and Recommendations for AI in Digital Forensics
Inter-jurisdictional collaboration must be enhanced since cybercrime often involves more than one country. The development of AI-based platforms that enable standardized sharing and analysis of digital evidence across different legal systems and languages will be critical.26 Translation tools can help bridge language barriers and automate the harmonization of legal requirements for evidence admissibility. Governments need to provide for legislative updates to govern the application of AI in forensic investigations while at the same time ensuring that there are ethics in applications.27 Continuous research in explainable AI, real-time forensic analysis, and predictive forensics will shape the future landscape of forensic science. Ensuring a close collaboration between technology developers, forensic experts, and legal authorities ensures that something is effective and of good ethics.
Conclusion
The integration of AI into digital forensics is a prospect of much momentum, but requires structured processes which emphasize continuous evaluation, responsible ethical considerations, and collaboration with other stakeholders. Directed in these future directions and recommendations, the field of digital forensics is capable of upscaling its capabilities in a manner that maintains integrity and accountability. The integration of Artificial Intelligence into digital forensics marks a transformative shift in investigative methodologies that offer unparalleled speed, accuracy, and efficiency in handling vast amounts of digital evidence. AI driven forensic tools are reshaping the criminal justice landscape, assisting investigators in detecting complex patterns, automating evidence processing, and identifying cybercriminal activities with greater precision. However, the same trend comes with significant legal, ethical, and technical challenges that need to be addressed systematically in adopting AI in forensic science. A structured and balanced approach is necessary while ensuring the effectiveness of AI for digital forensics without jeopardizing due process and fundamental rights.
There must be ongoing evaluation of AI systems for accuracy, fairness, and bias to prevent wrongful accusations or discriminatory practices. The development of Explainable AI (XAI) will be crucial to sustain transparency so that forensic experts, legal professionals, and courts can understand and validate evidence derived using AI. In addition, AI should be conceived as an assistive tool and not a replacement for human expertise, in order for final investigative decisions to be maintained within the hands of the professional. From a regulatory point of view, current laws such as India’s Information Technology Act need to be modified to take into account AI-based forensic results. International AI forensic standards and cross-border evidence-sharing frameworks will play an important role in dealing with international cybercrimes effectively. Investment in AI driven forensic infrastructure, capacity-building initiatives, and collaborative research will strengthen AI further in modern investigative processes. Ultimately, any responsible integration of AI in digital forensics must align with legal safeguards, ethical governance, and technological advancements. Fostered by the innovation with accountability, AI-powered forensic science will boost justice delivery where technological progress stands for the increasingly digital world on the grounds of the rule of law, due process, and human rights.
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4 Supra at 2.
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7 Ibid.
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11 Ibid.
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14 Supra at 3.
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