Chief Justice of India D Y Chandrachud Praises New Criminal Laws as a “Watershed Moment for Society”

Chief Justice of India D Y Chandrachud hailed the new criminal laws — Bharatiya Nyaya Sanhita, Bharatiya Nagarik Suraksha Sanhita (BNSS), and Bharatiya Sakshya Adhiniyam — as a “watershed moment for our society” during his inaugural remarks at the conference on ‘India’s Progressive Path in the Administration of Criminal Justice System’. He emphasized that these laws have transitioned India’s legal framework on criminal justice into the new age by introducing much-needed improvements to protect victim’s interests and enhance the efficiency of investigation and prosecution of offences.

The BNSS, which replaces the Code of Criminal Procedure, 1973, was highlighted by the CJI for its holistic approach to dealing with crimes in the digital age. The law mandates audio-visual recording of search and seizures, as well as the presence of a forensic expert at the crime scene for serious offences. These measures aim to not only aid the prosecution but also safeguard the civil liberties of citizens and ensure procedural propriety during investigations.

Furthermore, the CJI emphasized the importance of formulating detailed rules regarding the use of recording devices, incorporating principles of natural justice, and outlining consequences for non-compliance. He also commended Section 532 of the BNSS for allowing electronic conduct of trials, inquiries, and proceedings, aligning with his advocacy for virtual hearings.

In the context of digitizing court proceedings, the CJI stressed the need to prioritize privacy and data protection. He acknowledged the significance of data in the digital age but cautioned against the risks of data breaches and emphasized the duty to establish secure systems to prevent unauthorized access.

Addressing the infrastructure requirements to meet the demands of the new laws, the CJI noted the BNSS’s provision for completing criminal trials within three years and pronouncing judgments within 45 days of reservation. However, he cautioned that without adequate court infrastructure and material resources for harnessing technology, the guarantees of the BNSS may face challenges in implementation.

Overall, the CJI’s remarks underscored the significance of the new criminal laws in modernizing India’s criminal justice system and the need for effective implementation through a combination of legal reforms, technological advancements, and infrastructure development.