CJI Chandradchud on balance between investigative imperatives and individual privacy

In his keynote address at the 20th DP Kohli Memorial Lecture in the memory of CBI's first director, the CJI said, it is of great significance to strike a balance between investigative imperatives and individual privacy rights. His remark came considering the several instances of 'unwarranted' confiscation of personal devices during raids.

In the realm of criminal justice, the delicate balance between search and seizure powers of agencies like the CBI 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,he further said.

Agencies spread too thin: CJI Chandradchud

In his speech, CJI Chandrachud also highlighted that allowing the investigative agencies "to spread themselves too thin would pose a serious challenge" to the personnel because their numbers are limited and noted that he has been told by the CBI Director that a significant portion of the agency's workforce comes on deputation.

“It is important for us, both in the context of not just streamlining the courts but also promoting the efficiency of the CBI and the investigative agencies, to pick our battles.

"I think we have perhaps been spreading our investigative agencies too thin over the years, despite a rapid change in the environment. Our premier investigative agencies must concentrate their attention and efforts on that class of crime which truly threatens the security of the nation, public order or economic health of the nation,” the CJI said.

CJI lauds the new criminal laws

Lauding the new criminal laws enacted by Parliament, the CJI said they aim to digitise various aspects of criminal procedure which is a significant step towards modernising the justice system.

He said the comprehensive approach of new laws ensures "a seamless flow of information", and aims to "facilitate better coordination" and "collaboration" among stakeholders involved in the investigative and adjudicatory processes.

According to him, Section 94 of the newly enacted Bharatiya Nagarik Suraksha Sanhita and Section 185 of the Bharatiya Sakshya Adhiniyam grant courts and law enforcement 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," he said.

CJI's take on AI, data analytics and digitisation

Taking cognisance of the crime landscape evolving at an unprecedented rate in the country, CJI Chandrachud said that the agencies like the Central Bureau of Investigation (CBI) must build their capacities to tackle it by using technological tools like Artificial Intelligence (AI).

He said criminal investigations must be synchronised with court procedures for effective and time-bound prosecutions.

Advanced data analytics enables law enforcement agencies to navigate through vast amounts of information, uncovering patterns and connections that might otherwise remain concealed, the CJI said.

Terming Artificial Intelligence as a "game changer" in the criminal justice system, he also cautioned that AI is not free of prejudice and biases.

"Because of skewed data, AI may lead to community-based profiling of marginalised social groups as having more crimes. This may not only abuse the privacy rights of individuals but also lead to disproportionate targeting of social groups. AI is a gift which must only be wielded within ethical boundaries," he said.

"Leveraging advanced data analytics, cutting-edge forensic methodologies, and artificial intelligence offers unprecedented opportunities to bolster crime detection, investigation, and prosecution. However, this digital transformation must be underpinned by robust safeguards to protect individual rights, promote transparency, and mitigate the potential risks of technological misuse or abuse," he said.

CJI Chandrachud said while digitisation promises increased efficiency and accessibility, it also runs the risk of excluding individuals without internet access or technological proficiency, which remains a significant portion of India's population.

He said there was a pressing need to ensure that the benefits of digitisation are equitably distributed and that mechanisms are in place to address the digital divide