CJI Sanjiv Khanna shared his experiences as a criminal lawyer and encouraged young lawyers to pursue criminal law. He emphasized its significance in the legal system. However, he noted that many young professionals hesitate to choose it as a career. He urged them to consider its vital role in ensuring justice.
New Delhi: Chief Justice of India (CJI) Sanjiv Khanna stated on Thursday that the fulfillment and real-life experiences gained by criminal lawyers are perhaps unmatched by those in civil or constitutional law.
However, he noted that many young lawyers tend to shy away from pursuing a career in criminal law, despite its significance.
Reflecting on his time as an Additional Public Prosecutor at the Delhi High Court, the CJI shared a poignant moment when a convict visited his home to express gratitude after he had served as Amicus Curiae in a case.
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He recounted,
“I was once surprised when a convict came to my house and said ‘thank you’. That was an experience which left me satisfied. That is what a criminal lawyer earns, which you perhaps cannot earn as a civil lawyer or even as a constitutional lawyer.”
CJI Khanna emphasized the importance of a data-driven approach in criminal law, arguing that empirical analysis should play a crucial role in shaping jurisprudence.
He stated,
“The principle of proportionality, which we have applied many times in Constitution Benches, is primarily based on data and empirical evidence. This is something which is not being taught in law schools. Criminal jurisprudence should not rely on untested assertions about behavior and social dynamics. It will rely on empirical data. The data exists. The data speaks. The analytical tools exist. What we need to do is to let evidence drive our criminal law forward.”
The CJI made these remarks during the launch of “Ratanlal & Dhirajlal’s Law of Crimes: A Comprehensive Commentary on Bharatiya Nyaya Sanhita, 2023,” edited by former Chief Justice of India Justice UU Lalit.
Taxmann Publications launched “Ratanlal and Dhirajlal’s Law of Crimes: A Comprehensive Commentary on the Bhartiya Nyaya Sanhita, 2023” on Thursday, an authoritative work edited by former Chief Justice of India UU Lalit.
The event featured Chief Justice of India Sanjiv Khanna, who officially released the book in the esteemed company of Union Minister for Law and Justice Arjun Ram Meghwal, Attorney General of India R. Venkataramani, Chief Justice of the Delhi High Court DK Upadhyay, and other legal dignitaries.
The gathering emphasized the importance of the new legal framework and the critical role this commentary will play in its interpretation and application. CJI Sanjiv Khanna praised the book, calling it an integration of Justice U. U. Lalit’s exceptional expertise in criminal law and a testament to a rich legacy.
He stressed the necessity of textbooks in the legal profession, stating,
“These are standard requirements for any lawyer, even for that matter, a student. For the judges… we cannot do without the commentaries, which are far more detailed, far more comprehensive, and give a much more 360-degree view.”
Furthermore, he noted,
“Judgments cannot be thesis, judgments cannot be commentaries, and if one looks at the judgments which we rely upon, these judgments rely upon commentaries. So why not go to the basics, that is a commentary?”
CJI Khanna also highlighted the essential nature of practicing criminal law, pointing out that a significant portion of litigation in district courts involves criminal cases.
He remarked,
“The fact of the matter is that criminal law is incredibly vast and holds a singular place in our legal workforce. It directly impacts individual liberty, social harmony, and the fundamental balance between state power and personal liberty. These laws authorize arrest, detention, and deprivation of liberty—concrete powers that affect individuals’ lives daily. We should not, therefore, ignore the importance of criminal law.”
The event attended by notable figures including Union Law Minister Arjun Ram Meghwal and Attorney General for India R Venkataramani.
CJI Khanna expressed concern that many new legal professionals do not prioritize criminal law, even though it constitutes a significant portion of district court litigation. He urged young lawyers to recognize its importance and consider it a primary specialization rather than a last resort.
He remarked,
“We should not ignore the importance of criminal law. I hope and trust many youngsters will gradually join criminal law as a first choice, rather than as a compulsion,”
Additionally, he praised Justice Lalit for authoring the influential work, calling him “one of India’s leading criminal law experts.”
The CJI highlighted Justice Lalit’s extensive career, saying,
“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.”
Finally, CJI Khanna underlined the continuing relevance of legal commentaries in the digital age, asserting that physical textbooks remain essential for lawyers, law students, and judges.
He argued,
“Some might suggest that in today’s digital era, with its instant access to cases and statutes, comprehensive commentaries have become less essential. I beg to disagree. It is precisely the opposite. Perhaps we need commentaries more these days because online tools just throw up case laws. If you see, the judges that we rely on also rely on commentaries. So why not go to the basics, that is commentaries?”
Criminal law is a vital branch of the legal system, ensuring justice, maintaining social order, and protecting individual rights. For lawyers, specializing in criminal law offers both professional and societal benefits.