The law to amend in equal footing as the development of technology. After
the proliferation of internet usage in smartphones options of gathering evidence
agencies also increased. The legislators need to embrace technology should
enact policies and procedures that make it more accessible for law enforcement
officials to access information within a specified period of time. Timelines
should be legislatively fixed in obtaining the information for any criminal
prosecution. Imagine if the Law enforcement officials have the access to seek
more information in solving cases. Thus, saving valuable court time and pending
cases for want of solid evidence to nab the wrongdoer will be drastically be
reduced from a legal point of view.
A different modus operandi.
The Geofence warrant We know that Google collects and retains location data from
a device running the Android operating system. If the user activated GPS it's
easy to identify the user location, cell site/cell tower triangulation/trilateration,
precise measurement information like timing advance or per call measurement
data, wi-fi location and internet protocol address based on the information.
Any android device using google products with that location data, google to
access easily particular geographic area, the specific time frame of its users.
This information can inculpate or exculpate a user's by showing that the user
was or was not, near a specific location at that time which often provides a
clue to the user identity, the location that tremendously assists with police
investigations of criminal activity.
By analysing the data law enforcement officials effortlessly to identify users
who may have witnessed or participated in any offences or who may be a potential
Legislators should recognize the technology-centric approach
A search warrant is legally required to obtain geofencing information.
Usually, law enforcement officers apply for a search warrant when they have a
solid reason to believe that a particular person has involved in a particular
crime and that the warrant will uncover evidence thereof.
If law enforcement officers find difficulty in resolving the crime for lack of
evidence at the crime scene. He approaches the judiciary for issuance of
Geofence warrant. The issuance of the warrant after level of probable causes
evaluated by the judiciary such as Failure to issue may lead to loss of critical
evidence from an investigative or prosecutorial viewpoint.
Like in the USA, If the Geo warrant introduced to the Indian Legal system
without eroding Invasion of privacy.
Craft legislation to issue Geo fence warrants if there is a reason to believe
that the records sought are relevant to a legitimate law enforcement inquiry
supported by probable cause before acquiring such records. That enables law
enforcement agencies to gain access will enhance broaden nature of the searches
The Policy be framed that Evidence gathered through this warrant should be
admissible in judicial proceedings, preliminary hearings, bail hearings, and
other non-trial proceedings
This concept is not new already Railway Department ticket issuing Application
UTS use this model for booking Sub Urban ticket. A user to book a ticket through
this application within the range of 5 kms to 30 meters radius of suburban
railway stations will be allowed to book the ticket. If the user within 30
meters closer limit to any railway station the application will not be allowed
to book the tickets.
Recently Greater Noida region launched Geo-Inspection edition mobile application
for collection & updation of solid waste/Bulk waste Generators based on
In coming years technology to play a a greater role in the court procedures to
In this Digital world only least, the user leaves without a digital footprint in
the borderless virtual world.
By adopting new emerging technology will ensure that criminals cannot be allowed
to get away scot-free for lack of evidence. Law reform initiatives to aid as it
can benefit litigants at large that improve access for justice and faster
resolution of disputes.