Latest Bharatiya Nyaya Sanhita News | Top Bharatiya Nyaya Sanhita News Headlines Today | Today India news | Breaking Bharatiya Nyaya Sanhita News Today | English Bharatiya Nyaya Sanhita News Headlines - TheDailyGuardian

‘Never Said She Went to Pakistan’: Jyoti Malhotra’s Father Recalls Daughter’s Claims of Delhi Visits

May 20, 2025, 2:21 pm

In a shocking case that has startled the internet community as well as national intelligence bodies, influencer and YouTuber Jyoti Malhotra has been detained by Haryana Police under the Official Secrets Act and the Bharatiya Nyaya Sanhita (BNS) provisions. The detention comes in the wake of serious charges of espionage, foreign intelligence connections, and suspicious foreign travel.

As per the authorities, Jyoti Malhotra was discovered with “suspicious” material on her laptop and mobile phone. The authorities also asserted that she had direct contact with individuals associated with Pakistani intelligence outfits.

A Father’s Contradictory Narrative

But a shocking twist came when her father, Harish Malhotra, spoke out in shock and bewilderment over his daughter’s activities. “I didn’t know she had told me that she was going to Delhi.”. She never informed me about anything,” he informed ANI. Harish had initially admitted her visits to Pakistan, referring to her YouTube videos, but he has now recanted and said he knew nothing. “I have no comment. I am myself upset and ill for the past 3 days,” he further added.

This contradictory stance has raised many an eyebrow. His original claims that she was producing videos in Pakistan and had the necessary permissions contradict his recent suggestion that he does not even possess a gadget with which to watch her videos.

Allegations of Contact with Pakistani Intelligence

Agencies claim that Jyoti initially approached the Pakistan High Commission in Delhi in 2023, when she had a meeting with a man named Ahsan-ur-Rahim, alias Danish. Officials say this was the starting point for her contacts with Pakistani intelligence operatives (PIOs). SP Shashank Kumar Sawan disclosed that Jyoti had gone to Pakistan several times, including shortly before the Pahalgam terror attack, and had also gone to China.

“Haryana Police is interrogating her along with central agencies. We are checking her financial dealings and movement records to identify her sources of income,” SP Sawan said. Her declared sources of income do not support her foreign travel. We suspect foreign funding. On the face of it, she was a travel blogger,” he said.

Espionage in the Digital Age

The case highlights growing concerns that authorities hold about how potential soft propaganda and intelligence operations can exploit social media influencers. SP Sawan said central agencies had already raised an alert that Pakistani agents were attempting to recruit Indian influencers. The utilization of online platforms for indirect surveillance or influence operations is now a contemporary spy tactic, with soft influence being equally important as hard data theft.

Officials further noted that Jyoti’s interactions with individuals declared persona non grata by the Indian government amid heightened Indo-Pak tensions raise “alarming” concerns, even though she did not have direct access to sensitive military files.

Looking Forward

As the inquiry progresses, questions arise about loopholes in monitoring foreign activities of digital influencers, particularly from countries reported as having hostile intelligence operations. The decision in this case could provide the impetus for policy-level deliberations regarding increased monitoring of foreign travel and funding sources of digital content creators.

At the same time, Jyoti Malhotra is in police custody for five days while authorities scan her conversations, bank activity, and content history. The country is watching closely, not only out of curiosity, but with real concern about how deep and digital spying can now penetrate — even in the name of a vlog.

Bengaluru techie’s suicide raises issue of misuse of Section 85 of the BNS, and a need to relook into the BNS laws

December 21, 2024, 4:47 am

Marriages in India are considered a highly revered union, which is believed to unite together not just two individuals, but two families as well. But unfortunately, due to the rise of materialistic mindsets among the people of today, this sacred bond is getting tarnished. Just to fulfil their greed or take revenge or fulfil ulterior motives, some people have fallen to such an extent that they do not hesitate even for a moment to file any frivolous case against someone.
The suicide of a 34-year-old man Atul Subhash in Bengaluru due to alleged harassment by his estranged wife and her family has led to an outrage on social media over the misuse of anti-dowry laws and domestic violence law under Section 85 of the Bharatiya Nyaya Sanhita (BNS), previously Section 498A of the Indian Penal Code.

Shockingly, a significant chunk of this originates from those laws which were made for the protection of the women who have to face unjust treatment or unreasonable demands from their in-laws or even her husband as well. Although there is a pressing need for such laws, but because of the presence of loopholes accompanied by several other external factors, have raised doubts in the minds of general public as to whether we should actually protect that section of society which is filing such false cases. Due to the actions of a few people, many genuine victims still continue to suffer. Therefore, it is crucial to understand and admit that there exists a problem in our country dowry laws and they have to be amended as soon as possible.

Men face significant challenges in our legal system, particularly in cases of false accusations under Sectin of 85 of the BNS or rape laws. In these instances, men often lack protection and face severe societal judgment and legal repercussions. Additionally, under CrPC 125, husbands are compelled to pay maintenance to estranged wives without ensuring that the wives fulfill their responsibilities. This one-sided approach leads to considerable harassment, with men facing societal scorn, lengthy court proceedings, and even imprisonment for crimes they did not commit.
However, in recent years, as there has been a notable rise in matrimonial disputes across the country, accompanied by growing discord and tension within the institution of marriage, consequently, there has been a growing tendency to misuse provisions like Section 85 of the BNS as a tool for unleashing personal vendetta against the husband and his family by a wife. Consequently, this Court has, time and again, cautioned against prosecuting the husband and his family in the absence of a clear prima facie case against them.

LOOPHOLES IN THE LAWS
In the year 2005, in a landmark case named Sushil Kumar Sharma vs Union of India and Ors., the Supreme Court of India observed the misuse of Section 498A of the IPC as a ‘legal terrorism’. It was said that “by misuse of the provision (Section 498A), a new legal terrorism can be unleashed. The provision is intended to be used as a shield and not an assassin’s weapon”. In the Rajesh Sharma v. State of UP (2017), Supreme Court acknowledged misuse and issued guidelines to prevent arbitrary arrests.

Specifically considering the laws which were made for the protection of women, for example, rape or dowry, they were and till date, because of their wording, affected the other genders adversely. No doubt Article 15(3) of the Indian Constitution allows the State to make special provisions for women, but making special provisions does not in any way mean that the other genders (men and LGBTQ+) are to be neglected. The laws should be made in such a manner that, on one hand, they provide protection to all their citizens, and on the other hand, they prevent its misuse by and upon any other citizen. The initial step to deal with it can be to replace the words ‘women’ and ‘men’ with “people” and ‘wife’ and ‘husband’ with “spouse”, wherever possible.

The biggest example of no strict implementation can be seen in the violation of anti-dowry laws itself. According to some researches, the cases of dowry demand have increased over the year, where before the year 1940, dowry was given in 35-40% of the marriages; this number grew to nearly 90% by the year 1999. These numbers clearly show that the give and take of dowry is being conducted without any fear of law or by using loopholes, like in the form of “presents” (last proviso of Section 3 of the Dowry Prohibition Act).

In 2003, the state of Andhra Pradesh made Section 498A compoundable, which is a major legal provision to deal with dowry related cases, but whenever the same change is demanded at the central level, the foremost argument which is raised is that this will lessen the fear among the culprits and they might force the victim to take back their complaint. This happens because unfortunately, today, a common man does not feel himself safe in front of the police, and many times it is seen that the victim (usually woman’s and/or their family) bribes the police to insert those legal provisions in their chargesheet, which are not at all true, just to harass the opposite party, and on the other side the accused party (usually husband’s and/or their family) bribes the police to delay the process of law. This can be corrected a bit by having a strict check on the working of the police officials.

ARE THERE ANY LEGAL PROTECTION FOR MEN IN INDIA?
Recently, the Delhi High Court had granted divorce to celebrity chef Kunal Kapur on the grounds of “cruelty” by his wife. Chef Kapur had taken a restraining order against his wife as she entered the ‘Masterchef India’ sets and created a ruckus with his son in 2016. The Delhi HC had said, “It is relevant to mention here that within two years of marriage, the appellant has established himself as a Celebrity Chef, which is a reflection of his hard work and determination which would not have been possible had he been one who was dependent on his spouse or in-laws for his necessities.”Article 14 mandates equality before the law, states “everyone equal before the law”. Article 15 prohibits discrimination based on gender and other forms of bias.

WAY AHEAD
Effective implementation is not just to punish the wrongdoer correctly; it must first be to identify who’s the real wrongdoer. There must be no straight-jacket rule or preconceived notion to consider any specific gender guilty right from the beginning of the trial. The Advocate’s prime duty is to protect the interests of their clients, but this should not be stretched to such an extent that the advocates, just for greed of more money, willingly fight a false case or assist their clients in making their case strong by putting those legal provisions which are in reality not required. Legislative reforms, judicial guidelines, and awareness campaigns are essential to curb misuse while maintaining the law’s efficacy for victims. Greater emphasis on evidence-based investigations, gender-neutral laws, and alternative dispute resolution mechanisms can address the issue holistically. A fair and balanced approach will preserve the sanctity of the law and ensure that it fulfils its intended purpose without being weaponized as we don’t want more men to face this tragic misuse faced by Atul Subhash in the matter of section 498A IPC.

Dr.S.Krishnan is an Associate Professor in Seedling School of Law and Governance, Jaipur National University, Jaipur.
Ms. Archana Shukla is an Advocate in Delhi High Court, Delhi.

Maharashtra Police Register Case Against Man for Triple Talaq, Harassment

December 16, 2024, 1:23 pm

A case has been registered against a 26-year-old man in Thane district for allegedly giving ‘triple talaq’ (instant divorce) to his wife, beating her up, and harassing her for money.

According to the police complaint filed by the victim, she was subjected to harassment since March 2022 by her husband and his family members. The family demanded ₹ 50,000 from her as they claimed they were not given dowry for her marriage.

The woman alleged that her husband and his family members physically and mentally tortured her. She claimed that her husband beat her up by tying her hands and legs and threatened to kill her. The husband eventually annulled the marriage through ‘triple talaq’, which was banned in 2019.

A case was registered on Saturday against the woman’s husband, his mother, two sisters, and a brother-in-law under relevant provisions of the Bharatiya Nyaya Sanhita and the Muslim Women (Protection of Rights on Marriage) Act, 2019.

“Allu Arjun has nothing to do with the stampede…”Husband of Woman Killed in Stampede Willing to Drop Case

December 13, 2024, 4:58 pm

Telugu superstar Allu Arjun has been placed in 14-day judicial custody following a case filed by the family of a woman who tragically lost her life during a stampede at the premiere of his latest film, ‘Pushpa 2: The Rise.’ However, the victim’s family has expressed their willingness to withdraw the case against the actor.

Bhaskar, the husband of the deceased woman, Revathi, stated, “I am ready to withdraw the case. I was not aware of the arrest, and Allu Arjun has nothing to do with the stampede in which my wife passed away.” His comments were made during a press conference, as reported by Allu Arjun’s public relations team.

The incident occurred on the night of December 4, when a large crowd of Allu Arjun’s fans gathered at Hyderabad’s Sandhya theatre for the film’s premiere. Revathi, 35, and her eight-year-old son were hospitalized following the stampede, but she later succumbed to her injuries.

A case was filed against Allu Arjun and the theatre management under the new criminal law, Bharatiya Nyaya Sanhita (BNS), based on a complaint from Revathi’s family. In response to the legal action, Allu Arjun filed a petition with the Telangana High Court on December 11, seeking to cancel the first information report (FIR) lodged against him.

As the situation develops, the willingness of Revathi’s family to drop the case may significantly impact the ongoing legal proceedings involving the actor.

Seven Arrested in Agra for Anti-Israel Slogans During Muharram Procession

July 18, 2024, 3:02 pm

Seven people were arrested in Fatehpur Sikri, Agra, late Wednesday night for allegedly raising pro-Palestine and anti-Israel slogans during a Muharram procession. The arrests followed the viral spread of a video showing the incident on social media.

According to the police, they are conducting raids to find others involved in the incident. The video clips from the procession have helped identify additional suspects.

“We have arrested seven people so far for raising objectionable slogans during the Muharram procession on Wednesday evening. The incident happened when the mourners, who had gathered at Buland Darwaza in Fatehpur Sikri, were on their way to Karbala to bury the Tazia. They stopped outside a house and raised slogans that could have disturbed communal harmony in the town,” said Sonam Kumar, Deputy Commissioner of Police (DCP) for Agra (Rural).

The procession took place in an area with a diverse population, and extra police have been deployed to prevent any further issues.

Dinesh Kumar, the in-charge of the Sikri police outpost, has filed a First Information Report (FIR) at the Fatehpur Sikri police station. “Our investigation is ongoing, and more arrests are possible. After the investigation, we will apply relevant sections of the Bharatiya Nyaya Sanhita against the accused,” added the DCP.

The 1.15-minute video shows mourners stopping outside a house in Sikri and chanting slogans as they moved forward.

Seven people in Agra’s Fatehpur Sikri have been arrested for allegedly shouting pro-Palestine and anti-Israel slogans during a Muharram procession. The arrests came after a video of the incident went viral. The police are searching for more suspects and have increased security in the area to maintain peace. An FIR has been filed, and further legal action will follow based on the investigation.

Delhi Police’s New Law to Tackle Vehicle Theft

July 9, 2024, 4:37 pm

NEW DELHI: In the past week, Delhi Police has registered over 200 FIRs under a new section in the Bharatiya Nyaya Sanhita specifically for thefts who deals with vehicles, the punishment for vehicle theft now increased to seven years, police officers are acting quickly to implement it. They visit the theft location immediately after the crime is reported, film the scene, and upload their reports on the police app as a e-pramaan.

Last week, it was reported that vehicle theft FIRs would be filed under Section 305-B of the Bharatiya Nyaya Sanhita. Previously, vehicle theft was treated as ‘theft’ under Section 379 of the Indian Penal Code, which had a maximum punishment of three years. A few years back, police launched an app for registering vehicle theft cases as E-FIRs, allowing people to get an unfound report within about 30 days to claim insurance. However, this system stopped immediate investigations, leading to rise in theft cases.

With the help of new laws in place, police are visiting theft locations right away, filming the crime scene, and registering cases as E-FIRs. The SHO assigns investigating officers at the police station level, which is expected to improve results on the ground. In the beginning, some vehicle theft cases were mistakenly registered under Section 303 (general theft), but this has been corrected, and now such cases are being filed under Section 305-B.

Each district has filed around 12-15 FIRs in the past week. From July 1 to July 7, 113 cases were registered in the North East, East, and Shahdara districts. The West district reported 17 cases, Southwest 16, South 13, Outer North 13, and North eight. Other districts in the city reported over 50 cases in total.

An officer mentioned that videography is mandatory not only at the crime scene but also during the search of suspects and seizure of vehicles. “The police team will film the entire process of checking the vehicle and the driver. This ensures that the accused cannot claim that the evidence was planted or tampered with. We have conducted multiple training sessions for the cops, especially those working night shifts, on videography,” the officer added.

Is Breaking A Promise To Marry Crime In India? Exploring New Criminal Law

July 3, 2024, 9:49 pm

India’s legal landscape has been stirred by a new provision in the Bharatiya Nyaya Sanhita (BNS)- the New Criminal Law, replacing the colonial-era Indian Penal Code (IPC), which has sparked widespread debate and concern. Section 69 of the BNS, nestled within “offences against women and children,” has introduced stringent penalties for men who engage in sexual intercourse after deceitfully promising marriage without any intention of fulfilling it.

The contentious clause states, “Whoever, by deceitful means or by making promise to marry to a woman without any intention of fulfilling the same, has sexual intercourse with her, such sexual intercourse not amounting to the offence of rape, shall be punished with imprisonment of either description for a term which may extend to ten years and shall also be liable to fine.”

Previously absent in the IPC, this provision has ignited criticism for potentially criminalizing consensual relationships that sour before marriage materializes. Critics argue that Section 69 may reinforce outdated notions of “protecting” women’s chastity and endorse the idea that consensual sexual relations can retroactively be deemed non-consensual if marriage does not follow.

Dr. Sandhya Ram, an Associate Professor at VM Salgaocar College of Law, Goa, highlighted concerns about the law’s impact on women’s autonomy and the presumption that women consent to sexual relations in exchange for promises like employment or marriage.

Legal experts have raised practical challenges in implementing Section 69, particularly in proving the accused’s “intent to marry” and distinguishing between a genuine promise and a broken commitment. Arvind Singh, a lawyer based in Ghaziabad, noted the subjectivity of proving intent and the difficulty in differentiating between a failed promise and a deliberate deceit.

The law’s enforcement also poses challenges, with questions about the admissibility of evidence such as messages, call recordings, and photographs to substantiate claims of deceitful promises.

Moreover, critics fear that the provision could exacerbate social tensions, particularly in the context of contentious issues like “love jihad,” a conspiracy theory alleging that Muslim men seduce Hindu women under false pretenses to convert them.

As the legal and social ramifications of Section 69 continue in the New Criminal law unfolds, it remains a focal point of debate and scrutiny, prompting calls for clarity and caution in its application to avoid unintended consequences and safeguard individual rights within intimate relationships.

West Bengal: Man Held For Molesting His Minor Daughter Under BNS

July 3, 2024, 1:21 pm

West Bengal witnessed its first arrest under the Bharatiya Nyaya Sanhita (BNS) on Monday night, as police apprehended a man in South 24 Parganas district for allegedly molesting his minor daughter.

According to police sources, the man, employed in the Bengali television industry, was detained following a complaint filed by his wife accusing him of sexually assaulting their daughter while she was alone at home.

“The man has been charged under BNS section 76/351(3) and section 10 of the Pocso (Protection of Children from Sexual Offences) Act. He has a history of harassing women. The investigation is ongoing,” stated a police official from South 24 Parganas district.

Authorities reported that the incident occurred while the girl was asleep at home and her mother was at work on July 30. “Exploiting the situation, the accused entered the room, locked the door, and sexually assaulted her. His wife returned unexpectedly and caught him in the act,” the officer added.

On Monday, at least 31 FIRs were registered across various police stations in Kolkata under the newly implemented BNS criminal law.

New App To Help Delhi Police Implement Revised Criminal Laws

June 13, 2024, 2:13 pm

With the implementation date of July 1 approaching, Delhi Police is finalizing preparations for the transition to Bharatiya Nyaya Sanhita (BNS), which will replace the Indian Penal Code (IPC), Criminal Procedure Code (CrPC), and Indian Evidence Act. The new laws mandate full digital integration across the criminal justice system, marking a significant shift in procedures and evidence handling.

Central to this transition is a newly developed mobile app that will empower investigating officers (IOs) to film crime scenes, capture audio recordings, and take photographs directly through their devices. This app will facilitate seamless uploading of these digital evidences, ensuring their preservation and submission to courts in adherence with BNS requirements.

Police sources indicate that technical experts are currently fine-tuning the app to safeguard the integrity of digital evidence—a priority emphasized by Union Home Minister Amit Shah. Over 15,000 personnel, including assistant sub-inspectors, sub-inspectors, and station house officers, have undergone training to familiarize themselves with the new legal provisions and operational protocols.

Special Commissioner of Police Chhaya Sharma has overseen training efforts, with additional focus from law and order chiefs Ravindra Yadav and Madhup Tiwari to ensure a smooth transition at the ground level. Lieutenant Governor VK Saxena has been actively monitoring progress, underscoring the significance of the upcoming legal overhaul.

Under the BNS framework, while many offences from the IPC are retained, notable updates include the introduction of community service as a punitive measure and the classification of organized crime and petty organized crime as distinct offences. The scope of offences has been broadened to encompass acts endangering national sovereignty, unity, and integrity, replacing sedition with a more encompassing category.

Furthermore, the new laws explicitly address contemporary issues such as terrorism and mob lynching, providing specific legal provisions beyond existing statutes like the Unlawful Activities (Prevention) Act (UAPA).

As preparations enter their final stages, Delhi Police remains committed to ensuring a seamless transition to the new legal regime, poised to enhance efficiency and accountability within the criminal justice system.

The imminent rollout of the Bharatiya Nyaya Sanhita on July 1 marks a significant step towards modernizing Delhi’s legal framework. With technological innovations like the new mobile app, Delhi Police aims to strengthen evidence collection and judicial processes, reinforcing the rule of law in the national capital.

SC Rejects Plea Seeking Directions for Constituting Expert Committee to Examine Viability of New laws

May 20, 2024, 1:40 pm

The Supreme Court on Monday declined to entertain a plea seeking the formation of an expert committee to evaluate the viability of three new criminal laws: Bharatiya Nyaya Sanhita 2023, Bharatiya Nagrik Suraksha Sanhita 2023, and Bharatiya Sakshya Adhiniyam 2023.

A bench comprising Justices Bela M Trivedi and Pankaj Mithal rejected the plea filed by advocate Vishal Tiwari. After the court expressed its reluctance to hear the petition, Tiwari withdrew the plea.

The court also criticized the casual manner in which the petition was filed. Advocate Tiwari had requested the Supreme Court to issue specific directions, policies, and regulations, including guidelines to immediately form an expert committee led by a former Supreme Court judge. This committee would include judges, senior advocates, and legal jurists to assess the viability of the three new criminal laws.

In his public interest litigation, Tiwari also sought a declaration that sections 187(2) (3), 43(3), 173 (3), and 85 of the Bharatiya Nagrik Suraksha Sanhita 2023 were ultra vires or unconstitutional, violating Article 21 of the Indian Constitution. He also requested that the operation and implementation of the three new criminal laws be continued.

Tiwari filed the litigation under Article 32 of the Indian Constitution against the new bills introduced by Union Home Minister on August 11, 2023: Bharatiya Nyaya Sanhita, Bharatiya Sakshya Adhiniyam, and Bharatiya Nagarik Suraksha (Second) Sanhita, 2023. These bills aimed to overhaul the country’s criminal laws by replacing the Indian Penal Code 1860, Code of Criminal Procedure, and Indian Evidence Act 1872. He claimed the proposed bills were flawed and inconsistent.

“The above-proposed bills were withdrawn and new bills were produced with some changes. These were passed in Parliament on 21st December 2023 and were published in a gazette notification on 25th December 2023 and all have now assumed the position of an Act,” the petition read.

According to the petition, these three criminal laws were passed and enacted without any parliamentary debate, as most Members of Parliament were suspended during that period.

“Parliamentary debate is a fundamental part of democratic lawmaking. In parliament, members debate bills before they vote on them. Because debates are public, they provide Members of Parliament (MPs) an opportunity to represent the views of constituents on the floor and give voice to voters’ concerns. The parliamentary discussions and debates are paramount for legislative portrayal because they generate relationships between people and their representatives and also provide an opportunity to discuss government policy, proposed new laws, and current issues. Debates and discussions help make necessary adjustments and amendments to a bill so that it can effectively fulfil its purpose. These can be helpful in courts while interpreting laws,” the petition stated.

The petition criticized the titles of the bills, arguing that they did not accurately reflect the statutes’ content and purpose, thus creating ambiguity.

The Bharatiya Nyaya Sanhita retains most offenses from the Indian Penal Code of 1860, adds community service as a punishment, and replaces sedition with a new offense for acts endangering India’s sovereignty, unity, and integrity. It also introduces terrorism as an offense, defined as acts threatening the nation’s unity, integrity, security, intimidating the public, or disturbing public order.

“Organised crime has been added as an offense. It includes crimes such as kidnapping, extortion, and cyber-crime committed on behalf of a crime syndicate. Petty organized crime is also an offense now. Murder by a group of five or more persons on grounds of certain identity markers, such as caste, language, or personal belief, will be an offense with a penalty of seven years to life imprisonment or death,” the petition added.

India’s judicial system entered a new era with the passage of recently passed criminal laws: CJI DY Chandrachud

April 20, 2024, 3:13 pm

Chief Justice of India, Justice DY Chandrachud, remarked on Saturday that “the enactment of new criminal laws has propelled India’s legal framework for criminal justice into the modern era.” Speaking at a conference on India’s Criminal Justice System hosted by the Ministry of Law and Justice, the CJI highlighted the crucial improvements aimed at safeguarding victim interests and streamlining the investigation and prosecution processes.

“India is on the brink of a substantial overhaul of its criminal justice system with the imminent implementation of three new criminal laws. The Bharatiya Nyaya Sanhita, Bharatiya Nagarik Suraksha Sanhita, and Bharatiya Sakshya Adhiniyam will replace the Indian Penal Code 1860, the Code of Criminal Procedure 1973, and the Indian Evidence Act 1872, respectively. These laws signify a pivotal moment for our society because no law impacts daily societal conduct like criminal law,” he stated.

Chandrachud underlined the moral compass of criminal law, grounded in the age-old harm principle, encapsulated by the adage, ‘Your right to swing your arms ends just where the other man’s nose begins.’ He emphasized the importance of procedural law in ensuring due process from initiating criminal proceedings to conviction, averting unjust charges and convictions.

While addressing the Conference on India’s Progressive Path in the Administration of the Criminal Justice System, Chandrachud stressed the evolving nature of laws and their implementation. He advocated for a proactive approach to embracing positive changes that cater to contemporary needs.

“With the enactment of the new criminal laws, we anticipate identifying loopholes and areas requiring attention. Such discussions would be instrumental in enhancing the efficiency of our criminal justice systems. However, our analysis must prioritize justice with a focus on civil liberties, balancing the interests of victims and the accused,” he added.

Chandrachud reiterated the necessity for laws to address persistent issues such as delays in witness examination, trial conclusion, prison overcrowding, and the plight of undertrial prisoners.

Regarding technological advancements and contemporary crime, Chandrachud acknowledged the challenges posed in crime investigation, evidence admission, prosecution, and justice delivery. He referenced American jurist Justice Oliver Wendell Holmes, stating that laws must serve societal goals recognized by the community’s governing authority.

The three laws, namely the Bharatiya Nyaya Sanhita, 2023; the Bharatiya Nagarik Suraksha Sanhita, 2023; and the Bharatiya Sakshya Adhiniyam, 2023, replace the previous criminal laws, with an effective date of July 1.

The conference, attended by dignitaries including Minister of State for the Ministry of Law and Justice Arjun Ram Meghwal, Attorney General for India R Venkataramani, and Solicitor General of India Tushar Mehta, aimed to highlight the key features of the three criminal laws and facilitate meaningful interactions through technical sessions and Q&A segments. Additionally, judges, advocates, academicians, law enforcement representatives, police officials, public prosecutors, district administration officials, and law students participated in the event.

CJI Chandrachud hails new criminal laws; Addresses investigating agencies

April 2, 2024, 9:17 am

Chief Justice of India (CJI) Dhananjaya Y Chandrachud emphasized the need for premier investigative agencies like the Central Bureau of Investigation (CBI) to focus on cases that pose significant threats to national security, public order, and economic stability, rather than getting bogged down by trivial matters. He praised the introduction of three new criminal laws by the Centre while stressing the importance of upholding due process and balancing search and seizure powers with individual privacy rights to ensure a fair and just society.

During the 20th DP Kohli Memorial Lecture organized by the CBI, CJI Chandrachud highlighted the necessity for a strategic approach in utilizing investigative resources. He cautioned against overburdening investigative agencies, citing the limited personnel and the importance of prioritizing cases that have substantial implications for the nation’s security and well-being. He referenced instances where the CBI has been involved in investigating cases involving small amounts of bribery, suggesting a need for more focused efforts.

The CJI commended the enactment of three new criminal laws – Bharatiya Nyaya Sanhita (BNS), Bharatiya Nagarik Suraksha Sanhita (BNSS), and Bharatiya Sakshya Adhiniyam (BSA) – which are set to replace colonial-era laws. These laws aim to digitize various aspects of criminal procedure, facilitating better coordination and efficiency in the justice system. Electronic issuance of summons and virtual presentation of testimonies are among the technological advancements envisioned by these laws, aiming to expedite legal proceedings and improve accessibility.

While endorsing the integration of technology into the criminal justice system, CJI Chandrachud underscored the importance of maintaining a balance between investigative needs and individual privacy rights. Sections 94 of BNSS and 185 of BSA grant courts and law enforcement agencies the authority to summon documents and digital evidence for investigation, but the CJI cautioned against unwarranted confiscation of personal devices and stressed the importance of ethical considerations in utilizing technology.

Furthermore, he advocated for a re-evaluation of the investigative framework to address the complexities of modern criminal activities. Proposing the formation of multidisciplinary teams comprising law enforcement officers and domain experts, he suggested leveraging their expertise to enhance investigative capabilities and adapt to evolving criminal networks. Additionally, he recommended the ethical use of technologies like Artificial Intelligence (AI) and emphasized the need for clear guidelines and safeguards to prevent misuse.