By Sanya Sud

Criminal courtrooms in India are slowly but steadily being reshaped by technology. For those of us practicing criminal law, the change is visible—not just in how we appear, but in how evidence is produced, how investigations are conducted, and how trials are experienced. The changes are not sweeping yet, but they are setting the tone for how criminal trials will evolve in the coming years.

1. Digital Evidence is Now Central

Today, mobile phone data, Call Detail Records (CDRs), CCTV footage, WhatsApp chats, and emails are often central to the prosecution’s case. Section 65B of the Indian Evidence Act (now Section 63 in the new evidence Act, ‘Bharatiya Sakshya Adhiniyam’), which was not oft-used in the initial days, now comes up routinely in almost every trial involving electronic records.

The challenge is no longer the existence of digital evidence, but how to authenticate it. Many trial courts still struggle with questions like: Is the 65B/63 certificate complete? How can data from mobile phones be reliably seized, stored, analysed and used in trial – in courts that often lack technological infrastructure? How can video footage be played in court or cited in judgments? Is the storage and transmission of electronic data trustworthy? Can metadata be trusted? The need for basic digital literacy among lawyers and judges is growing.

2. Trial: Remote appearance and Testimony

Post-COVID, video conferencing has become a regular feature of the trial process. Many laymen would have seen snippets of livestreams from the Hon’ble Supreme Court or High Courts. Even in criminal courts, technology has made its presence felt. Non-effective hearings can be handled by counsel remotely, instead of physically appearing in court. Accused persons who are in custody, instead of being physically brought from prison to the court rooms, now routinely appear in courts via video. Under-trial prisoners in Tihar jail are able to video call their family at periodic intervals. Post grant of bail and during trial, the physical presence of accused persons (which is otherwise required on each date of hearing) is dispensed with and accused persons are permitted to appear virtually, if the circumstances permit. In some cases, vulnerable witnesses are allowed to testify remotely.

While this enhances procedural efficiency, it also introduces significant concerns. Dispensing with the appearance of accused persons who are in custody may have implications for their safety and make them vulnerable to violence in prison. Further, often, the quality of the video and audio infrastructure is so poor that often, the virtual participants are unable to follow the proceedings reliably- and this is for courts within Delhi. Trial courts outside major cities often lack virtual or hybrid hearing infrastructure—which is urgently needed.

Further, witnesses appearing virtually also come with certain challenges. There is an increased risk of witness tutoring during virtual appearances, since there is limited control over who may be present in the room, off-camera. Cross-examination is less effective on screen. On the other hand, some judges distrust technology entirely, and do not permit witnesses to testify virtually (even those who are abroad or unable to travel easily). Thus, witnesses end up having to travel to Court premises physically- even if this means excessive cost, inconvenience and extensive delays to the trial.

Over time, one hopes that criminal courts develop the necessary infrastructure to be able to have hybrid trials across the country. Further, we need more guidelines/regulations governing judicial discretion with respect to allowing video appearances, and what factors may be considered in the exercise of this discretion. There is a requirement for institutionally-backed software solutions which help courts navigate these hurdles effectively. Technology can help reduce delays, if used wisely and effectively.

3. e-Courts and Case Management Tools

The e-Courts project has made cause lists, orders, and filing details publicly available. Lawyers can track cases online, download orders, and access past hearing dates. The next logical step is integration of automated case management: digital tracking of witness summons, procedural deadlines, and evidence logs. These tools can reduce pendency and improve accountability, especially in overburdened trial courts. For litigants, it means better visibility into their case progress, without relying on clerks or intermediaries.

4. Forensic science in investigations and trials

Advancements in areas like DNA profiling, fingerprint analysis, and ballistics have increased the reliability of evidence. However, often, these reports are used by investigative agencies and judges without any application of mind, blindly applying them as if they are gospel. There is a need for training police officers and the judiciary on how to safely use forensic sciences, so as to be able to deal with, and account for inconclusive reports, human error, author bias, chain of custody issues, and inadequate training of the professionals involved.

A common saying about statistics is “Facts are stubborn things, but statistics are more pliable”. Just as statistics cannot be safely used without context and application of human mind, in the same way, forensic science reports should be questioned, interrogated, critiqued and only when they survive this rigorous examination, should they be safely used as evidence.

5. The Expanding Role of Tech in Investigation

Police now routinely use mobile tracking, facial recognition, and social media scraping during investigations. These tools can help locate suspects or reconstruct timelines—but they raise concerns about overreach.

India still lacks clear data protection legislation and procedural safeguards on digital searches. As technology becomes more embedded in criminal investigations, the risk of rights violations increases simultaneously, unless boundaries are clearly defined. The courts will soon have to decide: how much surveillance is too much? In what cases can accused persons be asked to share their phone or social media passwords (if any)? Should the police have access to all the personal data of an accused in their mobile phone, even if unrelated to a crime? In what cases can social media companies be forced to share personal data of accused persons or other witnesses?

6. Making Trials More Transparent and Accessible

There is scope to make criminal trials more accessible using simple tech interventions. While there are numerous judgments which mandate the upload of FIRs online, this is rarely done. FIRs, charge sheets, and accompanying documents and digital evidence could be made available online on a single portal (pan-India) in anonymised form, filtered through a login- available only to the relevant persons. Witness summons could be tracked through SMS alerts. Victims and complainants could receive updates automatically. In the recent past, the Hon’ble Supreme Court and Hon’ble Delhi High Court, as part of their digitization efforts, have already put in place systems to provide such updates to counsels for their cases. The same example now may be implemented for criminal courts across the country.

Small steps like these can help demystify the trial process and reduce dependence on informal channels. Over time, such measures can also foster greater trust in the system.

What’s Next?

Technology is not going to fix all the challenges in India’s criminal justice system. Trials will still be slow, courts will still be crowded, and delays will remain. But the shift is happening—toward digital records, online filings, remote access, and smarter case tracking.

The goal should be to use technology where it adds value, without losing sight of the human aspects of justice: the right to a fair hearing, to confront one’s accuser, to be heard fully. The future of criminal trials in India won’t be fully digital, but it will definitely be more digital than before.

And those of us in the system need to be ready. Ready to face these new challenges and help sculpt a better criminal justice system, using technology.