THE TECTONIC SHIFT: ARTIFICIAL INTELLIGENCE AND THE EVOLUTION OF CYBERCRIME IN INDIA’S CRIMINAL JUSTICE SYSTEM
AUTHOR – RANJANA* & DR. RANA PARVEEN**
* RESEARCH SCHOLAR AT SCHOOL OF LAW & JURISPRUDENCE, SHRI VENKATESHWARA UNIVERSITY, GAJRAULA (U.P.)
** RESEARCH SUPERVISOR AT SCHOOL OF LAW & JURISPRUDENCE, SHRI VENKATESHWARA UNIVERSITY, GAJRAULA (U.P.)
BEST CITATION – RANJANA & DR. RANA PARVEEN, THE TECTONIC SHIFT: ARTIFICIAL INTELLIGENCE AND THE EVOLUTION OF CYBERCRIME IN INDIA’S CRIMINAL JUSTICE SYSTEM, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (14) OF 2025, PG. 1107-1114, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/IKFH6948
Abstract
The rapid convergence of Artificial Intelligence (AI) and the digital economy in India has created a complex web of opportunities and existential threats. As the nation transitions toward a $5 trillion economy, the surge in AI-driven cybercrime—ranging from hyper-realistic deepfakes and automated phishing to sophisticated financial fraud—poses a formidable challenge to the traditional criminal justice framework. This research report provides a multi-dimensional analysis of the escalating cyber threat landscape, the systemic transition from the Information Technology Act of 2000 to the Bharatiya Nyaya Sanhita (BNS) and the Bharatiya Sakshya Adhiniyam (BSA), and the resulting procedural hurdles for law enforcement and the judiciary. Utilising recent data from the National Crime Records Bureau (NCRB) and the Indian Cyber Crime Coordination Centre (I4C), the report highlights a $206% spike in financial losses due to cyber fraud in 2024 alone. It scrutinises the ‘black box’ problem of AI evidence, the ethical implications of predictive policing, and the critical infrastructure gaps in regional cyber cells. By examining landmark judicial precedents and comparing India’s ‘hybrid’ regulatory approach with the European Union’s risk-based model, the study concludes with strategic recommendations aimed at bridging the technical-legal divide through ‘accountability by design’ specialised institutional training, and a robust framework for digital forensic transparency.
Keywords: Artificial Intelligence, Cybercrime, Bharatiya Nyaya Sanhita (BNS), Bharatiya Sakshya Adhiniyam (BSA), Digital Evidence, Deepfakes, Financial Fraud, Information Technology Act, Cyber Forensics, India.