NEW DELHI: The new criminal laws set to be enforced from July 1 got unstinted thumbs up from Chief Justice D Y Chandrachud, who on Thursday said, “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.”
Speaking at a conference on ‘India’s Progressive Path in the Administration of Criminal Justice System’ organised by law ministry, CJI said, “The newly enacted criminal laws have transitioned India’s legal framework on criminal justice into the new age.Much needed improvements have been introduced to protect victim interests and carry out the investigation and prosecution of offences efficiently.”
Bharatiya Nyaya Sanhita (BNS), Bharatiya Nagarik Suraksha Sanhita (BNSS), and Bharatiya Sakshya Adhiniyam (BSA) will replace the Indian Penal Code 1860, the Code of Criminal Procedure 1973 and the Indian Evidence Act 1872 respectively. CJI said BNSS encompassed a holistic approach to deal with crimes in the digital age.
Commenting on new provisions in BNSS, CJI said prescription for audio-visual recording of search and seizures is an important tool for the prosecution as well as for protecting civil liberties of citizens. “Judicial scrutiny would safeguard the rights of citizens against procedural impropriety during search and seizures,” he said.
And on presence of a forensic expert at the crime scene, CJI said it will enhance the efficiency of the investigating team and allow for crimes to be decoded with the aid of the latest advancements in forensic technology.
Giving a glimpse of his sustained efforts for creating a natively digital court infrastructure, CJI said, “We have strategically and persistently worked towards creating technologically equipped court systems which can facilitate a citizen centric and efficient mechanism from the filing of a case to its disposal.”
“It was therefore very heartening to notice that Section 532 of BNSS allows for all trials, inquiries, and proceedings under the Code to be conducted electronically. As laudable as this addition is, we must continuously introspect and protect the privacy of the accused as well as the victim when dealing with digitisation of proceedings and creating digital evidence,” he said.
CJI said in the digital age, data and sensitive information pertaining to a person 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 towards making the systems immune to penetration and leakage,” he said.
With the ushering in of a new criminal law system, there is a corresponding duty on part of govt to ensure required infrastructure is put in place to help citizens reap the benefits of the law. “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,” CJI said.
Speaking at a conference on ‘India’s Progressive Path in the Administration of Criminal Justice System’ organised by law ministry, CJI said, “The newly enacted criminal laws have transitioned India’s legal framework on criminal justice into the new age.Much needed improvements have been introduced to protect victim interests and carry out the investigation and prosecution of offences efficiently.”
Bharatiya Nyaya Sanhita (BNS), Bharatiya Nagarik Suraksha Sanhita (BNSS), and Bharatiya Sakshya Adhiniyam (BSA) will replace the Indian Penal Code 1860, the Code of Criminal Procedure 1973 and the Indian Evidence Act 1872 respectively. CJI said BNSS encompassed a holistic approach to deal with crimes in the digital age.
Commenting on new provisions in BNSS, CJI said prescription for audio-visual recording of search and seizures is an important tool for the prosecution as well as for protecting civil liberties of citizens. “Judicial scrutiny would safeguard the rights of citizens against procedural impropriety during search and seizures,” he said.
And on presence of a forensic expert at the crime scene, CJI said it will enhance the efficiency of the investigating team and allow for crimes to be decoded with the aid of the latest advancements in forensic technology.
Giving a glimpse of his sustained efforts for creating a natively digital court infrastructure, CJI said, “We have strategically and persistently worked towards creating technologically equipped court systems which can facilitate a citizen centric and efficient mechanism from the filing of a case to its disposal.”
“It was therefore very heartening to notice that Section 532 of BNSS allows for all trials, inquiries, and proceedings under the Code to be conducted electronically. As laudable as this addition is, we must continuously introspect and protect the privacy of the accused as well as the victim when dealing with digitisation of proceedings and creating digital evidence,” he said.
CJI said in the digital age, data and sensitive information pertaining to a person 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 towards making the systems immune to penetration and leakage,” he said.
With the ushering in of a new criminal law system, there is a corresponding duty on part of govt to ensure required infrastructure is put in place to help citizens reap the benefits of the law. “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,” CJI said.