Union Minister of State for Law and Justice Arjun Ram Meghwal, Chief Justice of India Justice D.Y. Chandrachud, throughout a convention on “India’s progressive path in the administration of criminal justice system”, in New Delhi on April 20, 2024
| Photo Credit: ANI
Hailing the enactment of the new criminal justice laws as a watershed moment for society, Chief Justice D Y Chandrachud on April 20 mentioned India is about for a big overhaul of its criminal justice system.
Speaking at a convention in New Delhi on ‘India’s Progressive Path in the Administration of Criminal Justice System’, he mentioned the brand new laws would achieve success if these, who’re in cost of implementing them, adapt to them.
These new laws have transitioned India’s authorized framework on criminal justice into a brand new age, the CJI mentioned.
He additionally mentioned much-needed enhancements have been launched to guard the pursuits of victims and perform investigation and prosecution of offences effectively.
“India is set for a significant overhaul of its criminal justice system with the upcoming implementation of three new criminal laws… These laws signify a watershed moment for our society because no law affects the day-to-day conduct of our society like the criminal law.
“India is about for a big overhaul of its criminal justice system with the upcoming implementation of three new criminal laws…These laws signify a watershed moment for our society as a result of no legislation impacts the day-to-day conduct of our society just like the criminal legislation,” he said.
“The enactment of these laws by Parliament is a transparent indication that India is altering and on the transfer, and wishes new authorized devices to take care of the present challenges,” the CJI said.
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, the Bharatiya Nagarik Suraksha Sanhita and the Bharatiya Sakshya Act — to completely overhaul the country’s criminal justice system will come into effect from July 1.
However, the provision related to cases of hit-and-run by vehicle drivers would not be implemented immediately.
The three laws got Parliament’s approval on December 21 last year and President Droupadi Murmu gave her assent on December 25.
Referring to 248th Report of the Standing Committee of the Rajya Sabha on the Bharatiya Sakshya Samhita, the CJI said Indian criminal justice system has struggled to keep pace with the profound technological changes our socio-economic milieu that have radically re-imagined the way in which crimes manifest in the society.
“The rising scope of expertise and new age crime which use the digital panorama to create networks of collaborative items to commit crimes can’t be pinned to an investigative situs. This has offered challenges in investigation of crimes, admission of proof and prosecution in addition to justice supply,” he said.
CJI Chandrachud said the new laws have transitioned India’s legal framework on criminal justice into the new age and have introduced much needed improvements to protect victim interests and carry out the investigation and prosecution of offences efficiently.
“The BNSS encompasses a holistic method to take care of crimes within the digital age. It prescribes audio visible recording of search and seizures and the presence of a forensic professional on the crime scene for offences punishable with greater 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. The judicial scrutiny would safeguard the rights of citizens against procedural impropriety during search and seizures,” he mentioned.
CJI Chandrachud mentioned we should repeatedly introspect and shield the privateness of the accused in addition to the sufferer when coping with digitisation of proceedings and creating digital proof.
“In the digital age, the data and sensitive information of person’s has gained paramount importance. This data can allow us to gain unparalleled efficiency and ease. However, the power which comes with personal data puts a corresponding duty to make systems which are immune to penetration and leakage of the data,” he mentioned.
On the challenges of information leak in courts, the CJI mentioned the security of an individual, the stigma hooked up to an accused, the risk notion of a witness shall be compromised if the privateness of the stakeholders just isn’t 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. Technology holds the key to a futuristic court system,” he mentioned.
While the brand new criminal laws create provisions that are synchronised to our instances, the CJI mentioned we should additionally be sure that the infrastructure accompanying these procedures are developed adequately for the nation to reap the advantages of the brand 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 mentioned.
CJI Chandrachud mentioned our consideration should be centered on enhancing investigations by permitting for multi-disciplinary investigating groups with legislation enforcement officers, and area specialists within the discipline of cyber-crime, and sample recognition.
“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,” he mentioned.