Andalib Akhter / NEW DELHI
Chief Justice Of India DY Chandrachud today stressed the need of maintaining a delicate balance between search and seizure powers and individual privacy rights in criminal justice system. He also highlighted the need to uphold due process while ensuring the effectiveness of law enforcement agencies.
“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,” said CJI while delivering the 20th D. P. Kohli Memorial Lecture here today on the eve of CBI day.
“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.,” CJI SAI.
Chief Justice of India also emphasized the pivotal role of technology in transforming the criminal justice system. Justice Chandrachud advocated to adopt new technology to tackle new-age criminal networks effectively. He said, the need of the hour is to recognize the complexity of CBI proceedings and to leverage technology to avoid delays. The Chief Justice of India said, the role of technology will facilitate speedy and fair trial.
Justice Chandrachud said, in the era of digital transformation, law and Technology holds immense potential to shape the cause of crime detection. He said, law and enforcement agencies like CBI are faced with new and complex challenges that demand innovative solutions.
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.,” CJI noted.
The Chief Justice of India said, investigating agencies have to keep up the radical changes in crime in a digitally connected world to solve complex crime patterns. He said the new criminal law recently enacted by the Parliament aimed at digitizing various aspects of criminal procedure. He said this is a significant step towards modernising the justice system.
He stressed the importance of collaboration among all stakeholders in the criminal justice system and also the necessity for training to ensure inclusivity and prevent the digital divide. On the occasion, the Chief Justice of India also presented the President’s Police Medals for Distinguished Service and Police Medals for Meritorious Service to CBI officers.
The Central Bureau of Investigation was established by a Government of India resolution dated 1st April 1963 to investigate not only cases of bribery and corruption, but also violations of central fiscal laws, and serious crimes, besides collecting supporting intelligence. CBI pays its respect and homage to its founder Director and has been organizing the D. P. Kohli Memorial Lecture since the year 2000.