Need for delicate balance between search, seizure powers and privacy rights: CJI

New Delhi: The “delicate balance” between search and seizure powers of agencies like CBI and individual privacy rights “stands at the cornerstone” in a fair and just society, Chief Justice of India DY Chandrachud said delivering the keynote address at the 20th DP Kohli Memorial lecture in Delhi on Monday.

“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,” the CJI said at the annual function held in memory of the first director of the CBI.

Laying stress on the need to strike a balance between 'investigating imperatives' and privacy rights, the CJI referred to certain sections of the recent changes introduced in the criminal justice system by the Parliament.

“Section 94 of the newly enacted Bharatiya Nagarik Suraksha Sanhita 2023 and Section 185 of the Bharatiya Sakshya Adhiniyam 2023, grant courts and law enforcement the authority to summon documents and materials, including digital evidence deemed necessary for investigation. 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,” he observed.

Asking CBI to pick their battles, instead of spreading too thin, the CJI said investigating agencies must develop capabilities to tackle the fast-changing crime-landscape.

“By leveraging AI algorithms, law enforcement agencies like the CBI can analyse vast amounts of data rapidly, identifying trends, anomalies, and potential leads with unprecedented accuracy,” Justice Chandrachud said.