CBI Faces Complex Challenges: CJI DY Chandrachud Urges Agency to Focus on Cases of National Importance

(Judicial Quest News Network)

Chief Justice of India DY Chandrachud, while delivering his keynote address during the 2oth DP Kohli Memorial lecture on CBI Raising day highlighted the evolving landscape of crime due to technological advancements.

He said that the Central Bureau of Investigation (CBI) in particular now had an expanded purview.

A public institution is expected to show the highest regard for the public good and to be open to public accountability by showcasing its performance. The CBI is being increasingly asked to delve into a diverse array of criminal cases beyond its role as an anti-corruption investigative agency. This places a huge responsibility on the CBI to live up to its motto of ‘Industry, Impartiality, and Integrity.

The CJI further pointed out the diverse and burdening assignments the agencies are undertaking.

I think we have spread out our premier agency too thin. They must only focus on those crimes that concern national security, and crimes of economic offences against the nation.

The CJI also suggested a few measures to the agencies to tackle these new age challenges. He recommended digitising the investigation process, starting from filing a Fast Information Report (FIR)

Stating that with the in an era of digital transformation, we find ourselves at a critical juncture. The interplay between law and technology holds immense potential to shape the course of crime detection at all three phases and going beyond it, in addressing wider perspectives in criminal justice reform.

The landscape of crime is evolving at an unprecedented pace as our world becomes increasingly interconnected through the expansion of digital technologist number of cases, technology should be used to minimise delays.

The CJI further said that from cybercrime and digital fraud to the exploitation of emerging technologies for illicit purposes, law enforcement agencies like the CBI are faced with new and complex challenges that demand innovative solutions.

The investigating agencies have to keep up with the radical change in crime in a digitally connected world, to solve complex crime patterns. I would like to cite the example of the CBI’s preliminary enquiry in 2018 into a case surrounding illegally harvested databases and unauthorized acquisition of data.

These new challenges have become more complex because of three main reasons. Firstly, tracing the misuse of personal data in India within the vast digital ecosystem presents a daunting task. The data could have been disseminated across multiple platforms, making it challenging to track its flow and potential impact accurately. Secondly, the techniques.

Elaborating further he said that the technology is changing the way we conceptualise crimes and the criminal at the investigation stage. Firstly, violators of the law now have the ability to form global networks and carry out criminal activities through the instrument of technology. A criminal does not any longer function in an isolated silo with localised crime scene.

The criminal is not a solo performer but a part of a complex network of operations spread globally. Secondly, the crime itself may no longer have a situs in the digital sphere. Criminals may deploy data analytics for commission of fraud or manipulation which is not tethered to any physical scene of the crime Third, the criminal act is no longer a solitary act which causes damage to the victim of crime in one fell swoop. The acts are numerous and no single act can be complete in itself without regard to the totality of violations.

He also 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.

He also pointed out that the new criminal laws enacted by Parliament encompass substantive crime, procedure and evidence. These laws aim at digitising various aspects of criminal procedure. This is a significant step towards modernising the justice system.

From the initial registration of a First Information Report to the final delivery of judgement, every stage of a criminal investigation is slated to be recorded digitally under the purview of the proposed legislation.

This comprehensive approach ensures a seamless flow of information and is intended to facilitate better coordination and collaboration among stakeholders involved in the investigative and adjudicatory processes.

Regarding the speedy disposal of the cases, he highlighted that the accused d in CBI cases is charged with serious violations of the law. The justice delivery mechanism must be swift. 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.

He expressed his concern that the delay in prosecutions is one of the common and grave concerns of the justice delivery mechanism. Anyone acquainted with court procedures would acknowledge that the examination of witnesses in a criminal trial is a time-consuming process.

Delays in examination lead to derailment of the trial. Further, expert witnesses may need to unwrap the working of a scientific process, or the inner workings of the process in which corruption is alleged which is also time consuming.

He also suggested that a mobile application could be designed with predefined timelines corresponding to different stages of investigation or trial. This app would serve as a platform for all stakeholders involved in a case, facilitating communication and coordination. Additionally, it should include an alert system to notify relevant parties when approaching deadlines are imminent

He concluded his lecture observing that the trajectory of the CBI, from its inception to its present stature, is punctuated by significant milestones and transformative reforms aimed at fortifying its investigative capabilities and cementing its position as a premier investigative agency. Leveraging advanced data analytics, cutting-edge forensic methodologies, and artificial intelligence offers unprecedented opportunities to bolster crime detection, investigation, and prosecution.