Why Indian Judiciary Fails to Handle Emerging Legal Areas and Crimes
|Why Indian Judiciary Fails to Handle Emerging Legal Areas and Crimes
The excerpts from the “India Judicial Research Report 2024: Decline of the Indian Judiciary” are given below.
Since the Indian judiciary is working in an undeveloped environment, the lawyers and judges are not ready to handle cases that come from the emerging areas of crime.
For example, the increasing use of artificial intelligence (AI) – and particularly the generative AI – to create content raises significant legal and business concerns.
But there is hardly any discussion or research in the Indian legal circles around this new topic, as the judiciary – which is struggling to introduce the rudimentary technology in courts – is clueless about contemporary tech developments.
Cybercrimes and cyberthreats are among the other areas that need attention of the judicial authorities and law institutes which are teaching only obsolete subjects to students. Similarly, the copyright laws need to be drastically changed as the old laws are not suitable for the digital or new-media universe.
The developed law-enforcement agencies are exploring ways to prosecute crimes such as gang rapes that are happening in the metaverse, cryptocurrency scams, the use of virtual assets in money laundering crimes, transfers of crypto assets in major financial offences, money muling, and so on. However, the Indian courts, including the Supreme Court, are not equipped to discuss such cases in the courtrooms.
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