Artificial Intelligence in the Identification of the Deceased: Forensic Innovations, Evidentiary Reliability, and Legal Implications in India

Artificial Intelligence (“AI”) is gradually becoming a part of forensic science, especially in the identification of deceased individuals using the methods of facial recognition, DNA profiling, forensic anthropology, and post-mortem imaging. It is believed that these technological advancements would bring increased efficiency, precision, and expediency in locating the unknown or unclaimed bodies particularly in situations which involve: mass disasters, criminal investigations, and missing persons cases. Nevertheless, the increasing attention to using AI-based tools in forensics provokes complicated juridical issues related to the reliability of the evidence, transparency, and respect to constitutional protection of criminal justice. The paper will involve a doctrinal and socio-legal analysis of the application of AI in identification of the deceased, with reference to Indian legal system. It discusses the admissibility and probative value of AI-assisted forensic evidence pursuant to the Bharatiya Sakshya Adhiniyam, 2023, (“BSA”) and puts these issues into perspective in the broader constitutional norms of the right to a fair trial and human dignity in Article 21 of the Constitution of India. Based on the narrative review of forensic and interdisciplinary literature, accompanied by the comparative study of the foreign jurisprudence on algorithmic and scientific evidence, the study finds a strong gap between the adoption of the technology and preparedness in courts. The article states that, even though AI can revolutionize forensic identification, its indiscriminate use threatens the standards of evidence and procedures of fairness. It ends by suggesting that decisive admissibility rules, validation procedures, and institutional protections are necessary to direct the implementation of AI-aided identification of the deceased so it can reinforce instead of undermine forensic justice in India.