Describing the new criminal justice system as a “watershed moment for our society”, Chief Justice of India (CJI) D.Y. Chandrachud on April 20 recounted how courts hear “sordid stories in the course of search and seizure operations under the Income Tax Act”, praising the new laws for having better safeguards.
Justice Chandrachud was speaking at a conference on “India’s Progressive Path in the Administration of Criminal Justice System”, organised by the Ministry of Law and Justice. Union Law Minister Arjun Ram Meghwal, Attorney General R. Venkataramani, and Solicitor-General Tushar Mehta were also present at the conference. The new laws — the Bharatiya Nyaya Sanhita (BNS), the Bharatiya Nagarik Suraksha Sanhita (BNSS), and the Bharatiya Sakshya Act (BSA) — are aimed at a complete overhaul the country’s criminal justice system and will come into effect from July 1.
Recording search operations
Justice Chandrachud said that these laws have transitioned India’s legal framework on criminal justice into a new age. “Much needed improvements have been introduced to protect victim interests and carry out the investigation and prosecution of offences efficiently,” he said.
The CJI noted that the BNSS, which replaces the Code of Criminal Procedure, prescribes measures like audio-visual recording of search and seizure operations as well as the presence of a forensic expert at the crime scene for offences punishable with more than seven years imprisonment.
“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. Very often in courts, we hear sordid stories of what happens in the course of a search and seizure operation, particularly under the Income Tax act. The judicial scrutiny would safeguard the rights of citizens against procedural impropriety during search and seizures,” Justice Chandrachud said.
Also read: Revised criminal law bills: Key changes explained
ED, CBI misuse allegations
Earlier, the Law Minister took a dig at the Opposition’s allegation about the Enforcement Directorate (ED) and Central Bureau of Investigation (CBI) being used to “silence” them and pointed out the ED chief Rahul Navin and CBI director Pravin Sood, who were sitting in the audience.
“This [allegation of misuse of ED and CBI to silence the Opposition] is a big issue in the elections. Therefore, they are seated here. Rest you would have understood,” Mr. Meghwal said in a lighter vein, adding, “They [ED and CBI] were set up in your time. They are functioning since then. Why do you worry? Action will be based on the rule of law. But this issue has been part of political discourse in elections.”
Privacy concerns
Asserting that the criminal justice system was set for a significant overhaul, the CJI said that the new laws would be successful if those in charge of implementing them are able to adapt to them. He also made a strong case for putting in measures to prevent any data leakage and to protect the privacy of the accused as well as the victim when dealing with the digitisation of proceedings and the creation of digital evidence.
“We must inspire public confidence in securing the privacy of our citizens to gain an overall efficiency and trust in the criminal justice system. Technology holds the key to a futuristic court system,” he said.
Laws need supporting infra
Referring to the 248th Report of the Standing Committee of the Rajya Sabha on the Bharatiya Sakshya Samhita, the CJI said, “The growing scope of technology and new age crime which use the digital landscape to create networks of collaborative units to commit crimes cannot be pinned to an investigative situs. This has presented challenges in investigation of crimes, admission of evidence and prosecution, as well as justice delivery.”
While the new criminal laws create provisions that in sync with the current times, the CJI said that there is a case for investing in accompanying infrastructure. “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 said.
