Maintain 'delicate balance' between search, seizure powers, individual's privacy: CJI Chandrachud on CBI Raising Day

CJI DY Chandrachud praised the new criminal laws, recently enacted by Parliament. The three newly enacted criminal laws-Bhartiya Nyaya Sanhita, Bhartiya Nagarik Suraksha Sanhita and the Bhartiya Sakshya Adhiniyam were passed by Parliament this year.

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Chief Justice of India (CJI) DY Chandrachud on Monday praised the new criminal laws aimed at digitising criminal procedure and said they were ' significant step' towards modernising the country's justice system. 

Supreme Court Chief Justice (CJI) DY Chandrachud said on Monday  that investigating agencies like CBI should focus on those crimes which pose a threat to the country's security, economic condition and public order. Justice Chandrachud said this while delivering the 20th DP Kohli Memorial Lecture on the occasion of the foundation day of CBI. He said that technology has now changed the methods of crime. Investigating agencies should focus on these areas. 

Expressing concern over incidents of unwanted seizure of personal devices during raids, CJI Chandrachud said these things highlight the urgent need to strike a balance between investigative imperatives and individual privacy rights.

Praises new criminal laws 

CJI DY Chandrachud praised the new criminal laws, recently enacted by Parliament. The three newly enacted criminal laws-Bhartiya Nyaya Sanhita, Bhartiya Nagarik Suraksha Sanhita and the Bhartiya Sakshya Adhiniyam were passed by Parliament this year. These laws aim at digitising various aspects of criminal procedure. This is a significant step towards moderising the justice system. 

Need to maintain balance

The CJI said that there is a need to maintain a delicate balance between the powers of investigating agencies like the Central Bureau of Investigation (CBI) to search and seize and the individual's right to privacy.
Chief Justice Chandrachud said that there is a very delicate balance between search and seizure powers and individual privacy rights in the criminal justice sector and this is the cornerstone of a fair and just society. He said that at the core of this balance is the need to maintain due process.

Three challenges before probe agencies 

CJI Chandrachud said law enforcement agencies like the CBI face 'new and complex challenges that demand innovative solutions" in digitally-connected world. 

First challenge: Tracing misuse of personal data in India within vast digital ecosystem presents a dauting task. 

Second challenge: The techniques used by cyber criminals such as data encryption and anonymisation add layers of complexity to investigation requiring advanced forensic capabilities and specialised expertise. 

Third challenge: Navigating jurisdictional issues and obtaining cooperation from international entitites, including social media platforms and foreign governments, may further hinder the efforts of our law enforcement agencies.