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Emergence Of Technology In Law Is a Upliftment To Judiciary

Today world is continuous evolving and Modern era recognize this 21st century as technological era, there is present of wider scope of technology performed by the different institution such as in field of economic or such to create general awareness, Nowday's political field also uses social media platforms and influence themselves under effects of technology.

Mostly public are well aware of use of technology, if we just ignore such remote areas but although they are making progressive majority of peoples use technology in there daily life tasks.

Apart from pros of technology, we have to admit that law itself which is conflict resolving body making a piece of lack in technology field to emerge it into its field, although it gradually improving as hearing of courts such as Apex court or High court started at online platforms such as YouTube or zoom meeting which is promoted in during Covid-19 which arises lockdown situations cause a major impact over emergence of technology.
 

Why there is need of technology in field of law:

Change in Mode of Committing Fraud and Crime:

  1. Cyber Fraud: Traditional fraud methods have evolved into sophisticated online scams, including phishing emails, fake websites, and social engineering tactics that trick individuals into sharing sensitive information.
  2. Identity Theft: Criminals increasingly steal personal information through data breaches, malware, and social media exploitation, using it to open fraudulent accounts or commit financial crimes.
  3. Ransomware Attacks: Cybercriminals use malware to encrypt a victim's data and demand ransom for the decryption key, affecting individuals, businesses, and even government entities.
  4. Online Harassment and Cyberbullying: The anonymity of the internet has facilitated new forms of harassment, where individuals can be targeted through social media, forums, and messaging platforms.
  5. Illegal Trade: The dark web has become a marketplace for illegal goods and services, including drugs, weapons, and stolen data, allowing criminals to operate anonymously.
  6. Online Extortion: Methods like "sextortion" involve blackmailing individuals by threatening to release compromising information or images unless demands are met.
  7. Human Trafficking: Criminals use online platforms for recruiting and exploiting victims, often posing as legitimate job offers or social media contacts.
  8. Investment Scams: Online platforms have facilitated fraudulent investment schemes, where scammers promise high returns on fake investments, often targeting vulnerable individuals.
  9. Cryptocurrency Fraud: The rise of cryptocurrencies has led to new scams, including Ponzi schemes and fraudulent Initial Coin Offerings (ICOs), exploiting the lack of regulation in the space.
  10. Phishing Scams: Cybercriminals create fake emails and websites that mimic legitimate organizations to steal login credentials or financial information.

Rising in Pendency of Cases:

  1. Total Pending Cases: Approximately 4.5 million cases are pending across all courts in India.
  2. Supreme Court: As of recent reports, around 83,000 cases are pending in the Supreme Court.
  3. High Courts: Over 400,000 cases are pending across various High Courts.
  4. District Courts: Approximately 3.6 million cases are pending in district and subordinate courts.
  5. Vacancies: Around 25% of judicial positions are currently vacant, contributing to delays.
  6. New Filings: The rate of new filings often exceeds 1 million cases annually.
(For the latest figures, refer to the National Judicial Data Grid (NJDG) or official court reports.)

To Secure People of India:

Example: Online Dating Scam Scenario: Sarah, a 32-year-old marketing professional, decides to try online dating. She creates a profile on a popular dating app and matches with someone named "David," who appears charming and attentive.

The Interaction:

  • Initial Contact: David quickly wins Sarah's trust through engaging conversations, sharing personal stories, and expressing interest in her life.
  • Building Trust: Over several weeks, they exchange messages daily, and David shares pictures and videos, reinforcing his persona. He claims to be working abroad on a business project.

The Scam Unfolds:

  • Emergency Situation: After a few months, David tells Sarah that he has encountered a serious issue. He claims he's stuck in a foreign country due to a medical emergency and needs money for hospital bills.
  • Manipulation Tactics: David plays on Sarah's emotions, expressing how much he cares for her and how he would pay her back as soon as he gets home. He sends her emotional messages, making her feel guilty for not helping.

Financial Loss:

  • Sending Money: Moved by his story, Sarah wires David a substantial amount of money, believing she is helping her partner in distress.
  • Continued Requests: David continues to request more funds under various pretenses, creating a sense of urgency each time.

The Revelation:

  • Disappearance: After several months, David suddenly stops responding. When Sarah tries to contact him, she discovers his profile has been deleted. She realizes she has been scammed.

Consequences:

  • Financial Loss: Sarah loses thousands of dollars.
  • Emotional Impact: She feels betrayed and embarrassed, affecting her trust in future relationships.

4. Loopholes of Investigation:

Example: Ineffective Investigation Method Scenario: A small town experiences a series of car thefts. The local police decide to handle the investigation with minimal resources and a lack of structured approach.

Investigation Process:

  • Limited Evidence Collection: Officers do not secure the crime scenes properly. They fail to collect fingerprints or gather surveillance footage from nearby businesses, which could have provided crucial leads.
  • Reliance on Assumptions: Investigators assume the thief is a local based on previous patterns without considering broader possibilities. They focus only on known offenders in the area, neglecting to explore connections to organized crime or online networks.
  • Failure to Use Technology: The department does not utilize modern tools such as data analytics or crime mapping software to identify trends or hotspots, resulting in a reactive rather than proactive approach.

Consequences:
Escalation of Crime: The number of thefts continues to rise, as the lack of an effective strategy fails to deter the criminal.
 

How Technology is Beneficial scope to Law:

Better Evidence Testing:

  • Digital Evidence: The advent of digital technology has introduced new forms of evidence, including emails, social media content, and digital signatures, which are now recognized under the law.
  • E-Courts Initiative: Launched by the Indian government, this initiative aims to modernize the judiciary through electronic filing, video conferencing, and case management systems, improving access to justice.
  • Cyber Law: The Information Technology Act, 2000, complements the Indian Evidence Act by addressing issues related to cybercrime and electronic transactions, establishing legal standards for digital evidence.
  • Forensic Technology: Advances in forensic science, such as data recovery and analysis tools, have enhanced the ability to gather and present digital evidence in court.
  • Blockchain: This technology is being considered for secure transactions and record-keeping, potentially transforming how contracts are validated and enforced.

Reduce Burden of Cases:

  • E-Filing Systems: Online filing of cases allows for quicker submissions, reducing paperwork and streamlining the initial process.
  • Case Management Software: Tools that help manage and track cases improve organization, enabling courts to handle cases more efficiently and minimize delays.
  • Video Conferencing: Virtual hearings allow for remote participation, reducing the need for physical presence and expediting the judicial process.
  • Digital Document Management: Electronic storage and retrieval of documents streamline access to case files, making it easier for judges and lawyers to find relevant information.
  • Automated Notifications: Systems that send automated reminders for hearings and deadlines help keep all parties informed and reduce the likelihood of missed appointments.
  • Online Dispute Resolution (ODR): ODR platforms provide alternatives for resolving disputes without the need for lengthy court proceedings, easing the case load on the judiciary.

Help to Tackle Modern Cases:

  • Fraud Detection Algorithms: Machine learning algorithms analyze patterns in transaction data to identify suspicious activities in real-time, flagging potential fraud for further investigation.
  • Blockchain Technology: This decentralized ledger enhances security and transparency in transactions, making it more difficult for fraudsters to alter records.
  • Identity Verification Tools: Biometric authentication (fingerprints, facial recognition) and multi-factor authentication help verify user identities, reducing the risk of identity theft.
  • Cybersecurity Measures: Advanced encryption and security protocols protect sensitive data, making it harder for cybercriminals to access personal and financial information.
  • Incident Response Systems: Automated systems can quickly respond to detected fraud attempts, minimizing potential damage and alerting affected users.

Securitization of System:

  • Encryption: End-to-end encryption safeguards sensitive communications and documents exchanged within the judicial system, preventing interception.
  • Access Control Systems: Role-based access controls limit who can view or modify case files, ensuring that only authorized personnel have access to sensitive information.
  • Secure Communication Channels: Encrypted email and messaging systems facilitate confidential communication between legal professionals and court officials.

Promote Hassle-Free Procedure:

  • Virtual Hearings: Video conferencing technology allows for remote court hearings, which can be more convenient for all parties involved and helps reduce case backlogs.
  • Client Portals: Secure online portals enable clients to access their case information, documents, and updates easily, fostering better communication and transparency.
  • Legal Chatbots: AI-driven chatbots can provide immediate legal information and guidance to clients, helping them understand their rights and options.
  • Continuing Legal Education (CLE) Online: Lawyers can now access training and certification courses online, making it easier to stay updated on legal developments.



Recent changes which make sure implication of various modern tech in Legal Field:
  1. Personal Data Protection Bill (PDPB)
    • Relevant Sections:
      • Section 8: Rights of Data Principals (individuals whose data is collected).
      • Section 12: Conditions for Processing of Personal Data.
    • Comparison: Like BNS and BNSS aim to enhance digital access, the PDPB establishes a framework for data protection, ensuring that as connectivity increases, individuals' data rights are upheld.
  2. IT (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021
    • Relevant Sections:
      • Rule 3: Due diligence by intermediaries.
      • Rule 4: Grievance redressal mechanism.
    • Comparison: These rules align with BSA's goal of promoting fair practices in digital communications, holding platforms accountable for user-generated content.
  3. Amendments to the IT Act
    • Relevant Sections:
      • Section 66: Computer-related offenses.
      • Section 67: Publishing obscene material in electronic form.
    • Comparison: Similar to how BNS improves network resilience, these amendments strengthen legal protections against cybercrimes as digital infrastructure expands.
  4. Telecommunications Bill
    • Relevant Sections:
      • Section 4: Universal service obligations.
      • Section 16: Licensing framework.
    • Comparison: This bill seeks to regulate telecommunications similarly to BNSS, aiming for fair competition and comprehensive service delivery across the sector.
  5. Digital Personal Data Protection Bill, 2022
    • Relevant Sections:
      • Section 5: Processing of personal data of children.
      • Section 19: Penalties for non-compliance.
    • Comparison: As BNS provides infrastructure for accessing digital services, this bill ensures user rights and data security in that environment.
    • Children's Data Protection: Specific provisions for processing the data of children, requiring parental consent.
    • Data Localization Requirements: Guidelines for storing certain types of sensitive data within Indian borders.
  6. Cybersecurity Policy Updates
    • Relevant Sections: Various guidelines under the National Cyber Security Policy outline responsibilities for critical information infrastructure.
    • Comparison: These updates reinforce the security of the digital infrastructure being developed by BNS and BNSS, ensuring safe access to services.
  7. AI Regulation Frameworks
    • Relevant Sections: While specific sections are still being formulated, discussions revolve around ethical AI use and accountability.
    • Comparison: Similar to BSA's focus on service quality, AI regulations aim to ensure responsible and ethical use of technology in enhancing digital access.
  8. E-Commerce Regulations
    • Consumer Protection Rights: Clear definitions of consumer rights related to online purchases.
    • Transparency in Pricing: Requirements for transparent pricing and disclosure of information to consumers.


    Award Winning Article Is Written By: Mr.Rahul Tyagi
    Certificate Of Excellence - Legal Service India
    Authentication No: SP427315451316-29-0924

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