CJI Chandrachud on probe agencies: India must re-think its investigative framework

Chief Justice of India (CJI) DY Chandrachud said on Sunday he believes that premier investigative agencies are "spread out too thin". He said these agencies must only focus on those that concern national security and crimes of economic offences against the nation.

Speaking at DP Kohli Memorial Lecture 2024 on the CBI (Central Bureau of Investigation) day, the CJI said, “I think we have perhaps been spreading our investigative agencies too thin over the years." 

ALSO READ: CJI DY Chandrachud says SC hearing video 'doctored' to troll him: 'I just shifted my position...'

"Despite the rapid change in the environment, out premier investigative agencies must concentrate their attention and efforts on that class of crime which truly threatens the security of the nation, the public order or the economic health of the nation,” CJI DY Chandrachud said.

Chandrachud emphasised that the CBI "is increasingly being asked to investigate a diverse array of criminal cases apart from its original role of anti-corruption".

"As the years have progressed, the CBI saw a significant expansion in its jurisdiction, encompassing broader spectrum of offences. This widening scope empowered the agencies to investigate diverse cases — ranging from economic frauds, and bank scams to financial irregularities and terrorism-related incidents," the CJI said.

ALSO READ: Over 600 lawyers write to CJI DY Chandrachud raising alarm over a group tainting judiciary

'Complex challenges before probe agencies'

CJI Chandrachud said law enforcement agencies like the CBI face "new and complex challenges that demand innovative solutions" in digitally-connected world. "Challenges have become complex because of three main reasons. First, tracing misuse of personal data in India within vast digital ecosystem presents a daunting task," he said.

ALSO READ: Same-sex marriage verdict: CJI DY Chandrachud has ‘no regrets’, says ‘outcome of judgement never personal’

“Secondly, the techniques employed by cyber criminals, such as data encryption and anonymisation add layers of complexity to investigation requiring advanced forensic capabilities and specialised expertise,” he said.

Speaking about the third challenge, the CJI said navigating jurisdictional issues and obtaining cooperation from international entities, including social media platforms and foreign governments, may further hinder the efforts of our law enforcement agencies, including the CBI.

‘India must re-think its investigative framework’

The CJI said India must re-think its investigative framework. He went to give suggestion to the investigative framework better. He said the CBI can be upgraded by making structural reforms. 

“The need of the hours is the complexity of CBI prosecution and leveraging technologies to avoid delays,” he added.

ALSO READ: 'Don't shout at me': CJI Chandrachud tells advocate during electoral bonds hearing

He said a multi-disciplinary teams, consisting of law enforcement officers and domain experts including data analysts, can be formed. “They can deploy unique approaches and pattern recognition in a seamless manner, over a fluid investigative landscape,” he added.

On new criminal law

CJI DY Chandrachud said the new criminal laws, recently enacted by Parliament, encompass substantive crime, procedure and evidence. The three newly enacted criminal laws - Bhartiya Nyaya Sanhita, Bharatiya Nagarik Suraksha Sanhita and the Bharatiya Sakshya Adhiniyam - were passed by Parliament this year.

"These laws aim at digitising various aspects of criminal procedure. This is a significant step towards modernising the justice system," the CJI added.

"From the initial registration of a First Information Report (FIR) to the final delivery of judgment, every stage of a criminal investigation is slated to be recorded digitally under the purview of the proposed legislation," he said.

The CJI emphasised that 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.

(With inputs from Live Law and Bar and Bench)