Justice Chandrachud says probe agencies like CBI must build their capacities to tackle crime besides harnessing Artificial Intelligence tools…reports Asian Lite News
Chief Justice of India (CJI) D Y Chandrachud on Monday said there is a need to have a “delicate balance” between the search and seizure powers vested with investigative agencies like the CBI and an individual’s right to privacy.
The CJI was delivering his keynote address at the 20th D P Kohli memorial lecture in the memory of the first director of the federal probe agency.
In the realm of criminal justice, the delicate balance between search and seizure powers and individual privacy rights stands and this is at the cornerstone of a fair and just society, Justice Chandrachud said.
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He added that at the heart of this balance lies the need to uphold due process.
The CJI also flagged “unwarranted” confiscation of personal devices, saying there was a pressing need to strike a balance between investigative imperatives and individual privacy rights.
He also asked the investigative agencies to “pick their battles”, saying instead of spreading out too thinly in various cases, they should concentrate on crimes that threaten security and economic health of the country and public order.
Justice Chandrachud said the landscape of crime was evolving at an “unprecedented pace” and probe agencies like the Central Bureau of Investigation (CBI) must build their capacities to tackle them apart from harnessing Artificial Intelligence (AI) tools.
He said as our world becomes increasingly interconnected through the expansion of digital technologies — from cyber crime and digital fraud to the exploitation of emerging technologies for illicit purposes — law enforcement agencies like the CBI are faced with new and complex challenges that demand innovative solutions.
The investigating agencies have to keep up with the radical change in crime, he said.
‘Three criminal laws are significant’
Justice Chandrachud also termed the three new criminal laws passed by the Parliament as a ‘significant’ step towards modernising the justice system. The CJI said that the new laws encompass “substantive crime, procedure and evidence” and keeping a digital record of every stage of criminal investigation ensures a seamless flow of information.
He was speaking at the Central Bureau of Investigation (CBI) Raising Day in the national capital on Monday. He also praised CBI holds a huge responsibility and the country’s judiciary has played an instrumental role in strengthening the body.
Addressing the event, CJI Chandrachud said, “A public institution is expected to show the highest regard for the public good and to be open to public accountability by showcasing its performance. The CBI is being increasingly asked to delve into a diverse array of criminal cases beyond its role as an anti-corruption investigative agency. This places a huge responsibility on the CBI to live up to its motto of ‘Industry, Impartiality, and Integrity.'”
“Courts have been instrumental in strengthening the CBI. Initially, its jurisdiction was primarily focused on cases related to corruption, economic offences, and serious crimes that crossed state borders,” he added.
The Chief Justice further said that as the years progressed, the CBI saw a significant expansion in its jurisdiction which empowered the agency to investigate diverse cases, ranging from economic frauds and bank scams to financial irregularities and terrorism-related incidents.
Emphasising on the digital era, he said that the current challenges mean that the law enforcement agencies like the CBI face new and complex challenges that demand innovative solutions.
“In an era of digital transformation, we find ourselves at a critical juncture. The interplay between law and technology holds immense potential to shape the course of crime detection at all three phases and going beyond it, in addressing wider perspectives in criminal justice reform. The landscape of crime is evolving at an unprecedented pace as our world becomes increasingly interconnected through the expansion of digital technologies,” Chandrachud said.
“From cybercrime and digital fraud to the exploitation of emerging technologies for illicit purposes, law enforcement agencies like the CBI are faced with new and complex challenges that demand innovative solutions. The investigating agencies have to keep up with the radical change in crime in a digitally connected world, to solve complex crime patterns,” he added.
Speaking about the three new criminal laws passed by the Parliament, he said that the new laws aim at digitising various aspects of criminal procedure.
“The new criminal laws enacted by Parliament encompass substantive crime, procedure and evidence. These laws aim at digitising various aspects of criminal procedure. This is a significant step towards modernising the justice system. From the initial registration of a First Information Report to the final delivery of judgement, every stage of a criminal investigation is slated to be recorded digitally under the purview of the proposed legislation,” Chandrachud said.
“This comprehensive approach ensures a seamless flow of information and is intended to facilitate better coordination and collaboration among stakeholders involved in the investigative and adjudicatory processes,” he added.
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