CJI Chandrachud criticises ‘Unjustified’ seizure of personal devices
CJI Chandrachud stresses balancing search powers with privacy rights
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New Delhi: CJI DY Chandrachud's stance on confiscation of personal devices included his concern over the unnecessary confiscation of personal devices during raids by law enforcement agencies. He emphasised the importance of maintaining a balance between the need for investigations and an individual's right to privacy.
Speaking at the 20th DP Kohli Memorial lecture, organised by the CBI in memory of its first director, Chandrachud commended the recently enacted Bharatiya Nagrik Suraksha Sanhita (BNSS) and Bharatiya Sakshya Adhiniyam (BSA) for incorporating safeguards against misuse.
The lecture's theme, ‘Adopting Technology to Advance Criminal Justice,’ focused on the integration of technology into the legal system. Chandrachud stressed the significance of upholding due process while ensuring the efficiency of law enforcement agencies. The Supreme Court's position on search and seizure powers was also highlighted.
He highlighted instances of raids where personal devices were confiscated without proper justification, underscoring the need to strike a balance between investigative needs and privacy rights. Home Secretary Ajay Bhalla, CBI Director Praveen Sood, CVC P K Srivastava, and DoPT Secretary S Radha Chauhan were among the attendees. Unwarranted confiscation of personal devices was a key concern raised during the discussion.
Chandrachud praised BNSS and BSA, which are set to replace the Criminal Procedure Code and the Indian Evidence Act, respectively. These new laws aim to modernise the justice system by digitising every stage of criminal investigation, from FIR registration to judgement delivery. The modernization efforts also emphasise maintaining a balance between privacy rights and law enforcement.
Under the proposed legislation, summonses can be issued electronically, and testimonies from witnesses, accused individuals, experts, and other parties can be presented virtually. This comprehensive approach is intended to streamline information flow and enhance coordination among stakeholders involved in investigations and adjudication.
Chandrachud's remarks highlighted the importance of leveraging technology while safeguarding individual privacy rights and ensuring due process in criminal investigations. He emphasised the delicate balance between personal privacy and government surveillance in the digital age.
