UNDERLINING THE “PRESSING NEED TO STRIKE A BALANCE

Referring to Section 94 of the newly enacted Bharatiya Nagarik Suraksha Sanhita, 2023 and Section 185 of the Bharatiya Sakshya Adhiniyam 2023, the CJI said these grant the courts and law enforcement agencies “the authority to summon documents and materials, including digital evidence deemed necessary for investigation”       Underlining the “pressing need to strike a balance”, Chief Justice of India DY Chandrachud said Monday that unwarranted confiscation of personal devices by investigative agencies raises concerns of an individual’s right to privacy.       Referring to Section 94 of the newly enacted Bharatiya Nagarik Suraksha Sanhita, 2023 and Section 185 of the Bharatiya Sakshya Adhiniyam 2023, the CJI said these grant the courts and law enforcement agencies “the authority to summon documents and materials, including digital evidence deemed necessary for investigation”.       “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 said           The CJI was delivering the 20th D P Kohli Memorial Lecture on “Adopting Technology to Advance Criminal Justice.” The lecture is held on CBI Day, marking the day when the Central Bureau of Investigation was established in 1963. CBI Director Praveen Sood, Union Home Secretary Ajay Bhalla and Attorney General for India R Venkataramani were present at the event.       The BNSS and the BAS replaced the Code of Criminal Procedure and the Evidence Act respectively.       While underlining the complexities involved in investigation and trial of a corruption charge, the CJI called for a “swift” delivery of justice.       “To prosecute or defend in a CBI case is no easy task. Because of the nature of the investigation undertaken by the CBI, the record and documentary evidence is bulky and complicated. Many scientific and field specific expert witnesses require scrutiny. The number of oral witnesses cited by the prosecution may run into triple digits. The nature of crime may also require close scrutiny of the functioning of a government department or the specialised field,” the CJI said.