Team Blitz India
CHIEF Justice of India DY Chandrachud underlined the importance of maintaining a delicate balance between search and seizure powers and individual privacy rights in criminal justice. He also highlighted the need to uphold due process while ensuring the effectiveness of law enforcement agencies.
Speaking at the 20th DP Kohli Memorial Lecture on CBI Raising Day, he said, “In the realm of criminal justice, the delicate balance between search and seizure powers and individual privacy rights stands at the cornerstone of a fair and just society. At the heart of this balance lies the need to uphold due process while ensuring the effective functioning of law enforcement agencies.”
“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,” the CJI added. The theme of the lecture was ‘Adopting Technology to Advance Criminal Justice,
CBI Manual important
The CJI highlighted the importance of the CBI Manual, which mandates the provision of hash values for confiscated digital devices, akin to electronic fingerprints under the Information Technology Act, to safeguard integrity.
“The CBI Manual mandates the provision of hash values for confiscated digital devices like mobile phones and laptops during investigations. Hash values, akin to electronic fingerprints, are generated under the Information Technology Act to safeguard the integrity of seized electronic devices. Additionally, the Manual mandates the creation of an image of seized electronic documents at the time of seizure, further safeguarding against tampering or manipulation,” the CJI explained.
New criminal laws
He spoke about how the new criminal laws aim to digitise every stage of a criminal investigation, from filing a First Information Report (FIR) to delivering judgment.
Elucidating this, he apprised the audience that the summons can now be issued electronically, and testimonies can be presented virtually, eliminating the need for physical documentation and enabling swift communication.
Also, Artificial Intelligence must be harnessed for the best outcome. Calling it a “game changer” that can revolutionise criminal justice, the CJI said it can be used to mine potential leads and data “with unprecedented accuracy”.
Spread too thin
The premier investigative agencies of the country, said the CJI, have been spread too thin and they must only focus on cases that involve national security and crimes against the nation. “The CBI is being increasingly asked to delve into diverse array of criminal cases beyond its role as anti-corruption investigative agency. This places a huge responsibility on CBI to live up to its motto,” he said.
Suggesting streamlining of the functions, the Chief Justice said, “I think we have spread out the premier investigative agencies too thin.”
