Speedy trial provisions under new criminal codes would not be of use if courts lack resources: CJI DY Chandrachud

Chief Justice of India (CJI) DY Chandrachud called for courts to be provided will adequate material resources in order to realise the goal of speedy trial under the new criminal codes..He opined that the new laws marked a watershed moment in India's history, signifying its transition into a new age of criminal justice administration."The BNSS provides that criminal trials must be completed in three years and that a judgment must be pronounced within 45 days of it being reserved. This stipulation is a breath of fresh air for addressing the issue of case pendency as well as the rights of the victim and the accused in a criminal case," he said..However, he observed that such statutory timelines would not be of much use if they are not supported by material resources for the courts and prosecutors. "If the court infrastructure and the prosecution lack material resources to harness technology and conduct an efficient and speedy trial, then the guarantees of the BNSS may run the risk of becoming merely directory and unimplementable," CJI Chandrachud said. .The CJI and Solicitor General Tushar Mehta on Saturday lauded the three new criminal laws slated to replace the Indian Penal Code (IPC), the Code of Criminal Procedure (CrPC) and the Indian Evidence Act.The Bharatiya Nyaya Sanhita (BNS), the Bharatiya Nagarik Suraksha Sanhita (BNSS) and the Bharatiya Sakshya Adhiniyam are set to come into force from July 1 this year..The CJI was delivering the keynote address during the inaugural session of a day-long conference organised by the Union Ministry of Law and Justice.The conference aims to generate awareness on the three new criminal codes and is titled India's Progressive Path in the Administration of Criminal Justice System.Union Minister of State for Law (Independent Charge) Arjun Ram Meghwal, Attorney General for India R Venkataramani and Union Home Secretary Ajay Bhalla also spoke at the event..The CJI in his speech also praised the BNSS for promoting electronic trial proceedings. However, he cautioned that the privacy of the parties concerns should be maintained during such proceedings."It was very heartening to notice that Section 532 of the BNSS allows for all trials, inquiries, and proceedings under the Code to be conducted electronically. As laudable as this addition is, we must continuously introspect and protect the privacy of the accused as well as the victim when dealing with digitisation of proceedings and creating digital evidence. In the digital age, the data and sensitive information of persons has gained paramount importance. This data can allow us to gain unparalleled efficiency and ease. However, the power which comes with personal data puts a corresponding duty to make systems which are immune to penetration and leakage of the data," he said..Back to school? Police, judges and lawyers face a tall task amid confusion over implementation of new criminal laws.Solicitor General of India (SG) Tushar Mehta observed that the new laws were due for over 70 years. Able politicians like Prime Minister Narendra Modi and Home Minister Amit Shah were needed to get these reforms enacted, Mehta added. "Friends, in history of any nation, a time comes when you have to shift from old to new. Before Independence we were governed by laws meant to rule us rather than the rule of law, which we inherited and the country was craving and expecting that now there would be an Indianised version bringing a shift in the regime of punishment and justice. I thank the Prime Minister and Home Minister for taking a call to take this opportunity to reform. Continuing status quo is always the easy option, changing it requires courage and conviction," Mehta said. .The SG also touched on Section 187 of the BNS (staggered custody), and dismissed the criticism against it."Accused earlier sought medical bail after arrest. Some hospitals oblige the accused also and say interrogation cannot happen. This was being misused most of the times specially those with financial wherewithal and facing criminal trial. Now the law provides that the 15-day period (for police custody) can be segregated; it can be used within 60 or 90 days, as the case may be, depending on allegations. It can be used in installments. It is not anti-people but anti-criminal, it will not harm common people," he said. .[Follow our live-coverage of the inaugural session]