CJI Sanjeev Khanna Urges Young Lawyers to Drive Criminal Law Forward with Data and Evidence

(Judicial Quest News Network)

New Delhi: Chief Justice of India (CJI) Sanjiv Khanna, on Thursday, called for a greater influx of young lawyers into the field of criminal law, stressing the importance of data and evidence to propel the discipline forward. Speaking at the launch of the comprehensive commentary on Bhartiya Nyay Sanhita (BNS) 2023, edited by former Chief Justice of India Justice Uday Umesh Lalit, CJI Khanna expressed his hope that criminal law would become a primary career choice for young legal professionals rather than a secondary or compulsory option.

A Call for Young Lawyers to Take the Lead in Criminal Law

In his keynote address, CJI Khanna highlighted the underrepresentation of young lawyers in criminal practice, despite the fact that a significant portion of litigation in district courts revolves around criminal cases. He emphasized that criminal law is vast and occupies a unique position within the legal system, having a direct impact on individual liberties, social harmony, and the delicate balance between state power and personal freedom.

“Justice Lalit stands among India’s leading criminal law experts, with a combination of experiences spanning advocacy and adjudication at the highest levels. There is hardly a political party or leader he has not represented, or even as a prosecutor, he has prosecuted political leaders. He belongs to that rare category of legal minds who excel equally as advocates, scholars, and jurists. His influence on our criminal jurisprudence runs deep, and his involvement with these commentaries adds immeasurable credibility and insight.”

“Criminal law holds enormous importance. It directly influences citizens’ lives, with powers that authorize arrests, detentions, and the deprivation of liberty. These laws affect our daily lives, and therefore, we cannot afford to neglect the significance of criminal law,” CJI Khanna remarked. He expressed his desire for young lawyers to embrace this field as their first choice, urging them to recognize its pivotal role in safeguarding personal freedoms and justice.

The Launch of the Commentary on BNS 2023

The event, organized at the Delhi High Court’s S Block Auditorium, also saw the launch of Dhiraj Lal’s Law of Crimes, a comprehensive commentary on Bhartiya Nyay Sanhita (BNS) 2023, a modernized legal framework replacing the old Indian Penal Code (IPC) of 1860. The commentary, published by Taxman Publications, is hailed as one of the first of its kind to provide an in-depth analysis of the new criminal code. The launch ceremony was attended by several dignitaries, including Union Law Minister Arjun Ram Meghwal, Attorney General of India R. Venkataramani, and Delhi High Court Chief Justice Devendra Kumar Upadhyay.

In his speech, CJI Khanna lauded the synergy between two eminent figures, Justice Uday Umesh Lalit and Dhiraj Lal, whose collaboration had resulted in the creation of this important commentary. He emphasized that the commentary’s significance lies not only in its comprehensive analysis but also in its relevance to contemporary legal practice.

Embracing Technology and Textbooks in Legal Practice

While recognizing the growing role of technology in legal work, CJI Khanna expressed his belief in the enduring importance of physical textbooks, particularly detailed commentaries, for lawyers and judges alike. He disagreed with the view that in the digital era, commentaries and textbooks have become redundant. Instead, he argued that the complexities of law demand in-depth resources that provide a 360-degree view of cases, judgments, and statutes, something that brief case laws or digital summaries fail to deliver.

“Judgments cannot replace the detailed analysis found in commentaries. It’s the commentaries that give us the necessary context and depth. As lawyers, we must not abandon these resources, as they form the backbone of our understanding,” CJI Khanna noted.

Data and Evidence: The Future of Criminal Law

CJI Khanna also underscored the need for criminal law to evolve based on empirical evidence and data. He pointed out that while legal fields are becoming increasingly specialized, criminal law must be grounded in data-driven approaches. “As technology advances, so too must our approach to criminal jurisprudence. Data and evidence must drive the evolution of criminal law,” he said, stressing that evidence-based methods are essential in drafting laws, deciding cases, and ensuring proportionality in legal judgments.

He also highlighted the increasing use of data and analytical tools in decision-making, particularly in constitutional benches where proportionality is applied. CJI Khanna observed that criminal law in the future should no longer be based on unverified assumptions about human behaviour and social dynamics, but rather on solid, evidence-backed data.

“Criminal jurisprudence must evolve from untested assertions to data-driven decisions. Evidence exists; we just need to let it guide the future of criminal law,” he emphasized.

A Transformative Moment for Criminal Justice

Addressing the gathering, Delhi High Court Chief Justice Devendra Kumar Upadhyay noted that the launch of the commentary marks a transformative moment in the history of Indian criminal law. He said that the Indian criminal justice system has long needed modernization and simplification to better address the realities of citizens, especially the vulnerable who often interact with the system under challenging circumstances.

“The criminal justice system must be accessible, efficient, and sensitive to the evolving needs of society. This transformation could not have come at a more critical time,” Justice Upadhyay remarked. He emphasized the importance of streamlining procedures, reducing delays, and ensuring that victims have a stronger voice in proceedings, all principles that he has been able to apply from the bench.

Union Law Minister’s Remarks

Union Law Minister Arjun Ram Meghwal, in his address, congratulated Justice Uday Umesh Lalit for the successful creation of the commentary and hailed it as a milestone in the legal domain. He also noted that the new BNS 2023 had replaced the outdated Indian Penal Code of 1860, symbolizing a step forward in providing a more modern and citizen-centric legal framework.

“The new BNS 2023 is a reflection of Prime Minister Modi’s vision of citizen-cantered governance, and it serves as a robust foundation for justice in India,” Minister Meghwal said.

A Legacy of Excellence

Justice Uday Umesh Lalit, who played a pivotal role in the creation of the commentary, expressed gratitude to the team of law professors at Galgotias University for their consistent efforts. He also acknowledged the invaluable contributions of the legal community in shaping the new criminal code and its commentary.

As the event concluded, CJI Khanna expressed hope that the commentary would continue the legacy of excellence in legal scholarship, maintaining a methodological approach to criminal law and practical utility for future generations of lawyers and judges.

This historic launch of Bhartiya Nyay Sanhita (BNS) 2023 and its commentary signifies a bold step toward modernizing India’s criminal justice system, integrating technology, data, and evidence in a way that enhances fairness and transparency in legal proceedings.