CJI DY Chandrachud Flags Unjustified Confiscation Of Personal Devices, Calls For Balance Between Privacy Rights & Search/Seizure Powers

“In the realm of criminal justice, the delicate balance between search and seizure powers 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.”

“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.,” CJI added.

CJI was speaking at the 20th DP Kohli Memorial Lecture, which was organized by the Central Bureau of Investigation (CBI). The lecture's theme was “Adopting Technology to Advance Criminal Justice.”

During his lecture, the CJI also referred to the a PIL filed by the Foundation for Media Professionals seeking guidelines for the seizure of personal electronic devices by investigating agencies. Therein, on December last year, the Court had directed the Union agencies to adhere to the 2020 CBI (Crime) Manual on Digital Evidence until formal guidelines are established.

He highlighted the importance of the CBI Manual, which mandates the provision of hash values for confiscated digital devices, akin to electronic fingerprints under the Information Technology Act, to safeguard integrity.

“The CBI Manual mandates the provision of hash values for confiscated digital devices like mobile phones and laptops during investigations. Hash values, akin to electronic fingerprints, are generated under the Information Technology Act to safeguard the integrity of seized electronic devices. Additionally, the manual mandates the creation of an image of seized electronic documents at the time of seizure, further safeguarding against tampering or manipulation.,” CJI explained.

He spoke about how the new criminal laws aim to digitise every stage of a criminal investigation, from filing a First Information Report (FIR) to delivering judgment. Elaborating, he spoke about the newly enacted laws (Bharatiya Nagarik Suraksha Sanhita 2023 and the Bharatiya Sakshya Adhiniyam 20236) grant courts and the law enforcement the authority to summon documents and materials, including digital evidence for investigation.

Elucidating this, he apprised his audience that the summons can now be issued electronically, and testimonies can be presented virtually, eliminating the need for physical documentation and enabling swift communication.

“Summons can now be issued electronically, and testimonies from witnesses, experts, accused individuals, and other parties may also be presented virtually. This innovation eliminates the need for physical documentation and enables swift communication between law enforcement agencies, courts, and individuals involved in legal proceedings. It will obviate the delay in bail orders reaching the jail authorities and in recording witness depositions.”

Regarding the speedy disposal of cases, he highlighted that the accused in CBI cases are charged with serious violations of the law. The justice delivery mechanism must be swift. He emphasized that the life of the accused is altered, and their reputation is significantly hurt when they are accused of an offence. Delays in the disposal of cases therefore become a significant impediment in the process of justice delivery., CJI said.

By the end of his address, he also suggested that a mobile application with predefined timelines for different stages of investigation or trial, could be designed. He said that this app would serve as a platform for all stakeholders involved in a case, facilitating communication and coordination. Additionally, it should also alert parties and notify them of approaching deadlines.

The CJI concluded his lecture by stating that the CBI has undergone transformative reforms over the years to strengthen its investigative capabilities.

“Leveraging advanced data analytics, cutting-edge forensic methodologies, and artificial intelligence offers unprecedented opportunities to bolster crime detection, investigation, and prosecution.,” he added.

However, he stressed the importance of robust safeguards to protect individual rights and promote transparency. “I am confident that by creating a natively digital environment from conception, we can significantly reduce case pendency and ensure citizen-centric justice,” CJI said while ending his lecture.