New criminal laws ‘significant step’ towards modernising justice system: CJI

PROBE AGENCIES SHOULD CONCENTRATE ON CRIMES THAT TRULY THREATEN SECURITY OF NATION: CJI

02/04/2024

NEW DELHI, Apr 1: Underlining that investigative agencies like the CBI have been spread "too thin" over the years, Chief Justice of India DY Chandrachud on Monday said they must pick their battles to promote efficiency and concentrate attention on crimes that truly threaten the nation's security, economic health and public order.
Expressing concern over instances of "unwarranted" confiscation of personal devices during raids, the CJI said they highlight the pressing need to strike a balance between investigative imperatives and individual privacy rights.
In the realm of criminal justice, the delicate balance between search and seizure powers of agencies like the CBI and individual privacy rights stands at the cornerstone of a fair and just society, he said in his keynote address at the 20th DP Kohli Memorial Lecture in the memory of agency's first director.
At the heart of this balance lies the need to uphold due process while ensuring the effective functioning of law enforcement agencies, he said.
The CJI said allowing investigative agencies "to spread themselves too thin would pose a serious challenge" to the personnel because their numbers are limited and noted that he has been told by the CBI Director that a significant portion of the agency's workforce comes on deputation.
"It is important for us, both in the context of not just streamlining the courts but also promoting the efficiency of the CBI and the investigative agencies, to pick our battles.
"I think we have perhaps been spreading our investigative agencies too thin over the years, despite a rapid change in the environment. Our premier investigative agencies must concentrate their attention and efforts on that class of crime which truly threatens the security of the nation, public order or economic health of the nation," the CJI said.
He said Section 94 of the newly enacted Bharatiya Nagarik Suraksha Sanhita and Section 185 of the Bharatiya Sakshya Adhiniyam grant courts and law enforcement the authority to summon documents and materials, including digital evidence deemed necessary for investigation.
"Instances of raids conducted and incidents of unwarranted confiscation of personal devices highlight the pressing need to strike a balance between investigative imperatives and individual privacy rights," he said.
The CJI lauded the new criminal laws enacted by Parliament, saying they aim to digitise various aspects of criminal procedure which is a significant step towards modernising the justice system.
He said the comprehensive approach of new laws ensures "a seamless flow of information", and aims to "facilitate better coordination" and "collaboration" among stakeholders involved in the investigative and adjudicatory processes.
CJI Chandrachud said the crime landscape was evolving at an "unprecedented pace," and agencies like the Central Bureau of Investigation (CBI) must build their capacities to tackle it by using technological tools like Artificial Intelligence (AI).
He said criminal investigations must be synchronised with court procedures for effective and time-bound prosecutions.
Advanced data analytics enables law enforcement agencies to navigate through vast amounts of information, uncovering patterns and connections that might otherwise remain concealed, the CJI said.
Terming Artificial Intelligence as a "game changer" in the criminal justice system, he also cautioned that AI is not free of prejudice and biases.
"Because of skewed data, AI may lead to community-based profiling of marginalised social groups as having more crimes. This may not only abuse the privacy rights of individuals but also lead to disproportionate targeting of social groups. AI is a gift which must only be wielded within ethical boundaries," he said.
He said that by leveraging these tools responsibly and ethically, technological advancements can benefit all members of society, regardless of their background or circumstances.
The CJI said clear guidelines and safeguards must be established to prevent misuse or abuse of AI and other advanced technologies, safeguard privacy rights, and address biases that may inadvertently arise.
"Leveraging advanced data analytics, cutting-edge forensic methodologies, and artificial intelligence offers unprecedented opportunities to bolster crime detection, investigation, and prosecution. However, this digital transformation must be underpinned by robust safeguards to protect individual rights, promote transparency, and mitigate the potential risks of technological misuse or abuse," he said.
CJI Chandrachud said while digitisation promises increased efficiency and accessibility, it also runs the risk of excluding individuals without internet access or technological proficiency, which remains a significant portion of India's population.
He said there was a pressing need to ensure that the benefits of digitisation are equitably distributed and that mechanisms are in place to address the digital divide.
Earlier, the CJI presented the President Police Medal (PPM) for Distinguished Service to six personnel and the Police Medal (PM) for Meritorious Service to 29 CBI officers.
Welcoming CJI Chandrachud, CBI Director Praveen Sood said criminals are leveraging advanced technological capabilities like encrypted social media communication and virtual asset-based transactions.
The international dispersal of crimes and proceeds of crimes has necessitated the need for leveraging technology for investigation by police as well as speedier trials.
Chief Justice of India also Monday praised the new criminal laws passed the government that seeks to replace the British era laws, calling them a "significant step" towards modernising the justice system.
Delivering keynote address on 20th DP Kohli memorial lecture in the memory of founding director of the CBI, Chandrachud said Bharatiya Nyaya Sanhita (BNS), Bharatiya Nagarik Suraksha Sanhita (BNSS) and Bharatiya Sakshya Adhiniyam (BSA) provide a comprehensive approach ensuring a seamless flow of information. They are intended to facilitate better coordination and collaboration among the stakeholders involved in the investigative and adjudicatory processes.
The new laws will come into force on July 1, replacing the colonial era Indian Penal Code (IPC), Criminal Procedure Code (CrPC) and Indian Evidence Act.
The new criminal laws enacted by Parliament encompass substantive crime, procedure and evidence, he said.
"These laws aim at digitising various aspects of criminal procedure. This is a significant step towards modernising the justice system. From the initial registration of a first information report (FIR) to the final delivery of judgment, every stage of a criminal investigation is slated to be recorded digitally under the purview of the proposed legislation," he said.
Justice Chandrachud said under the new laws, summons can now be issued electronically, and testimonies from the witnesses, experts, accused individuals and other parties may also be presented virtually.
He said, "This innovation eliminates the need for physical documentation and enables swift communication between law enforcement agencies, courts and individuals involved in legal proceedings. It will obviate the delay in bail orders reaching the jail authorities and in recording witness depositions.
"Similarly, the authorisation for presenting testimonies virtually opens up new avenues for participation in legal proceedings, allowing contributions to the process from remote locations," he said.
The chief justice of India had a word of caution as well.
"However, as we embark on a digital transformation, two significant concerns come to light. Firstly, while complete digitisation promises increased efficiency and accessibility, it also runs the risk of excluding individuals without internet access or technological proficiency, which remains a significant portion of India's population," he said.
There is a pressing need to ensure that the benefits of digitisation are equitably distributed and that mechanisms are in place to address the digital divide, he said.
"Secondly, particular attention must be paid to the digitalisation of foundational processes such as the filing of FIRs to streamline and trace back the sequence of events and enhance transparency from the outset," he said.

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