Need To Drive Criminal Law Forward With Data And Evidence, Hope Young Lawyers Will Willingly Join The Field: CJI Sanjiv Khanna

Chief Justice of India Sanjiv Khanna on Thursday said that he hopes many youngsters and young lawyers would join the field of criminal law as their first career choice and not as a second choice or compulsion.

CJI said that even though many new lawyers do not want to take up criminal practice, the fact of the matter is that most of the litigation in the district courts is criminal litigation.

“The fact of the matter is criminal law is incredibly vast and holds a singular place in our legal workforce. It directly impacts individual liberty, social harmony and the fundamental balance between state power and personal liberty,” he said.

CJI added, “These laws authorize arrest, detention and deprivation of liberty, concrete powers that affect citizens' life daily. We should not therefore ignore the importance of criminal law, and I hope in trust that many youngsters, including lawyers will gradually join criminal law as the first choice, rather than as a second or compulsion.”

The judge was speaking at the launch of “Ratanlal & Dhirajlal's Law of Crimes: A Comprehensive Commentary on Bharatiya Nyaya Sanhita, 2023” edited by former Chief Justice of India, Justice Uday Umesh Lalit. The commentaries are published by Taxmann Publications Pvt. Ltd.

The commentaries were launched in the presence of Chief Justice of India, Justice Sanjiv Khanna, Union Law Minister Arjun Ram Meghwal, Attorney General for India R. Venkataramani and Delhi High Chief Justice, Justice Devendra Kumar Upadhyaya.

The event was organized at Delhi High Court's S Block Auditorium.

In his speech, CJI said that the commentary is perhaps the first comprehensive book on BNS, 2023, and what makes the launch event special is the synergy of two incredible names- Justice UU Lalit and Ratanlal and Dhirajlal.

He said that over the years, he has realized that as technology moves, we cannot give up on physical textbooks.

“These are standard requirements for any lawyer, even for that matter, a student, for the judges, it is indispensable. We cannot do without the commentaries which are far more detailed, far more comprehensive, give a much more 360 degree view of what it is,” the judge said.

He added: “So unlike some who suggest that in today's digital era with instant access to cases and statutes, comprehensive commentaries have become less essential. I beg to disagree. It is precisely the opposite. Perhaps we require commentaries more these days, because there's a tendency to just throw up case laws. Judgments cannot be thesis. Judgments cannot be commentaries. And if one looks at the judgments which we rely upon, these judgments rely upon commentaries, so why not go to the basic, that is a commentary?”

The CJI said that he hopes that the commentaries will continue with the legacy of excellence, maintaining the methodological analysis and practical utility that made their predecessors indispensable.

Furthermore, the CJI emphasises that this is an era of super specialization across disciplines and the same is with the criminal law. But most laws, especially the criminal law, must be based upon empirical foundation, he said.

“Increasingly, we have embraced evidence based approaches while drafting and also deciding cases. Principle of proportionality, which is applied several times by us even in constitutional benches, is primarily based upon data and empirical evidence. This is something which is not being taught in the law schools, is not being addressed even today,” the judge said.

He added: “Criminal jurisprudence, I believe, in future, would not rely upon untested assertions about behavior and social dynamics. It will increasingly rely upon data. Data exists. Data speaks. Analytical tools exist. What we need to do is to let evidence drive the criminal law forward.”

Emphasizing that criminal law directly impacts the fundamental balance between state power and personal liberty, Chief Justice of India, Justice Sanjiv Khanna on Thursday said that he hopes many youngsters and young lawyers to join the field of criminal law as the first choice and not as a second choice or compulsion.

Delhi High Court Chief Justice, Justice DK Upadhyay also addressed the gathering and said that the launch of the commentaries on new BNS 2023 marks an important moment in the legal history.

“I can say with certainty that this transformation could not have come at a more critical moment. Our criminal justice system has long needed simplification, modernization and a framework that understands the lived realities of our citizens, especially the vulnerable who interact with the system under challenging circumstances,” he said.

The judge added that justice must be accessible, efficient and sensitive to the evolving needs of the society.

“Whether it's streamlining procedure to reduce delays, ensuring victims have a stronger voice in proceedings, or making investigations more technology driven, these are principles that I have had opportunity to apply from the bench, and I see them reflected in this new legal framework,” he said.

Union Law Minister Arjun Ram Meghwal in his address congratulated Justice UU Lalit for the commentaries and said that in Prime Minister Narendra Modi's governance, citizens of India have got “nyaya” in the form of the new BNS, 2023, replacing the old Indian Penal Code, 1860.

Justice U.U. Lalit gave credits to the team (Dean of law and Professors of Galgotias University) behind the work of the commentary and thanked them all for their consistent efforts.

The Attorney General for India congratulated Justice U.U. Lalit for the commentary.