New Criminal Laws Would Produce Positive Impact Only If Infrastructure Development & Capacity Building Are Done : CJI DY Chandrachud
Chief Justice of India DY Chandrachud, while speaking at a conference today (April 20), underscored that the new criminal laws will only bring positive changes if the required investments for infrastructure development and capacity building of forensic experts and investigating officers are made "as soon as possible." CJI was essentially stressing the urgency of investment in the...
Chief Justice of India DY Chandrachud, while speaking at a conference today (April 20), underscored that the new criminal laws will only bring positive changes if the required investments for infrastructure development and capacity building of forensic experts and investigating officers are made "as soon as possible."
CJI was essentially stressing the urgency of investment in the infrastructure of India's criminal justice system. Elaborating, he said that there is a need for the necessary infrastructure to be in place so that our country can fully benefit from the changes brought in by the new criminal laws. In this context, he also opined that there is a need to invest in training for forensic experts and investigators and our court system.
“While the new criminal laws create provisions which are synchronised to our times, we must also ensure that the infrastructure accompanying these procedures are developed adequately for the country to reap the benefits of the new laws. This naturally means that we must heavily invest in capacity building of our forensic experts, conduct training of investigating officers, and invest in our court system. Key provisions of the new criminal law would only produce a positive impact if these investments are made as soon as possible.”
He illustrated the same by sharing how Bharatiya Nagarik Suraksha Sanhita, 2023, (BNSS) provides that the criminal trials should be completed within three years and judgments must be delivered within 45 days of reserving it.
“However, if the court infrastructure and the prosecution lack material resources to harness technology and conduct an efficient and speedy trial then the guarantees of the BNSS may run the risk of becoming merely directory and unimplementable.,” CJI added.
CJI gave his inaugural address at a conference organised by the Ministry of Law and Justice on "India's Progressive Path in the Administration of Criminal Justice System." This initiative was taken to generate awareness about the new enactments - Bharatiya Nyaya Sanhita (BNS), Bharatiya Nagarik Suraksha Sanhita (BNSS) and Bharatiya Sakshya Adhiniyam (BSA), which will replace the Indian Penal Code, Code of Criminal Procedure and the Indian Evidence Act with effect from July 1, 2024.
At the outset, he opined that the new criminal laws “signify a watershed moment for our society”. Adding to this, he said that India is set for a significant overhaul of its criminal justice system and then went on to talk about the improvements introduced by these newly enacted criminal laws.
Much needed improvements have been introduced to protect victim interests and carry out the investigation and prosecution of offences efficiently, he said. Elaborating on the second part, CJI also shared how BNSS mandates the audio-visual recording of search and seizures and the presence of forensic experts at crime scenes.
“Very often in courts, we hear sordid stories about what happened in the course of search and seizure operations, particularly under the Income Tax Act....The audio-visual recording of search and seizures is an important tool for the prosecution as well as for protecting the civil liberties of citizens. The judicial scrutiny would safeguard the rights of citizens against procedural impropriety during search and seizures.” CJI added.
He also stressed how Section 532 of the BNSS allows for all trials, inquiries, and proceedings under the Code to be conducted electronically. However, at the same time, he also cautioned that it's crucial to prioritize the protection of both the accused's and the victim's privacy.
Taking his cue from this, the CJI spoke about the challenges faced by the Court on data leaks.
“The safety of a person, the stigma attached to an accused, the threat perception of a witness will be compromised if the privacy of the stakeholders is not protected. We must inspire public confidence in securing the privacy of our citizens to gain an overall efficiency and trust in the criminal justice system,” CJI stated.
Lastly, CJI also asserted that with the rise of digital offences, it's crucial to enhance the capacity and infrastructure of our police forces. He said that the focus should be on enhancing investigations through multidisciplinary teams comprising law enforcement officers and experts in cybercrime and pattern recognition.
In his concluding remarks, Chief Justice of India emphasized that our laws and their enforcement are constantly evolving. He highlighted the importance of embracing positive changes that align with the needs of our society.
“I expect that with the implementation of the new criminal laws, we will discover loopholes and areas which need to be addressed. Such debates would be helpful in enhancing the efficiency of our criminal justice systems. However, the ideological framework at the heart of our analysis must be justice oriented with a civil liberty centric approach which balances the interests of the victim and the accused.,” CJI said.
Union Law Minister Arjun Ram Meghwal, Attorney General for India R Venkataramani, and Solicitor General of India Tushar Mehta also spoke at the event.
The entire video of the event can be watched here.