While highlighting that BNSS encompasses a holistic approach to deal with crimes in the digital age, the CJI has hailed the 'new age' criminal laws for timely transitioning India's legal system to deal with the challenges of the modern electronic age.

Praising provisions that prescribe audio-visual recording of search and seizures5 and the presence of a forensic expert at the crime scene for offences punishable with more than seven years imprisonment, CJI DY Chandrachud stressed that these are important tool for the prosecution as well as for protecting the civil liberties of citizens.

"Similarly, the presence of a forensic expert at the scene of the crime 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", he added in his inaugural remarks at the Conference on India's Progressive Path in the Administration of Criminal Justice System.

He praised the newly enacted criminal laws for transitioning India’s legal framework on criminal justice into the new age while reminding us that we must now confront the challenges of fulfilling the aims of the new criminal legislation.

"Detailed rules need to be formulated on the type of devices to be used for recording, incorporating the principles of natural justice and lay down the consequences of not carrying out such recording", he said.

Talking about his persistent zeal to strive to create a natively digital court infrastructure, the CJI stated that ever since assuming the office of Chairperson of the e-Committee of the Supreme Court, they have strategically and persistently worked towards creating technologically equipped court systems that 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 the 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 digitization of proceedings and creating digital evidence. In the digital age, the data and sensitive information of person's has gained paramount importance. This data can allow us to gain unparalleled efficiency and ease. However, the power that comes with personal data puts a corresponding duty to make systems that are immune to penetration and leakage of the data", he said.

Stating that challenges posed by data leaks are confronted in courts during their day-to-day course, the CJI emphasised that the safety of a person, the stigma attached to an accused, the threat perception of a witness will be compromised if the privacy of the stakeholders is not protected.

"While the new criminal laws create provisions which are synchronised to our times, we must also ensure that the infrastructure accompanying these procedures are developed adequately for the country to reap the benefits of the new laws", the CJI cautioned.

In the above regard, the CJI highlighted that there is a need to 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, the CJI pointed out. To this tune, he gave the example of the timeline prescribed in the BNSS for the completion of trials and pronouncement of judgments after the judgment is reserved.

"The BNSS provides that criminal trials must be completed in three years and that a judgment must be pronounced within 45 days of it being reserved. This stipulation
is a breath of fresh air for addressing the issue of case pendency as well as the rights of the victim and the accused in a criminal case. However, if the court infrastructure and the prosecution lack material resources to harness technology and conduct an efficient and speedy trial then the guarantees of the BNSS may run the risk of becoming merely directory and unimplementable", the CJI said.

The CJI also lauded the BNSS for its 'citizen-centric' approach.

"Citizen-centric approaches have been adopted for supply of a copy of the First Information Report to the victim and to inform them about the progress of investigation, including by digital means.9 Additionally, the BNSS has made a positive development in protecting the fundamental rights of undertrial prisoners. Section 481 of the BNSS prescribes default bail for an accused person who has undergone one-third of the term of punishment for the offence charged against him. This is a reduction from the earlier prescription under the CrPC where an accused must have undergone half of the term in prison for the offence he is charged with", the CJI remarked.

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