E-Sakshya App Stuck As Notification Pending With State

Bhopal (Madhya Pradesh): The legal framework is in place and the devices have been distributed. But state police still cannot present digital evidence in courts through the e-Sakshya app because the government has yet to issue the required notification.

The notification, which is pending with the Law Department for vetting, is required to enable the use of digital evidence collected through the app in court proceedings.

From July 1, 2024, the Bharatiya Nyaya Sanhita (BNS), Bharatiya Nagarik Suraksha Sanhita (BNSS), and Bharatiya Sakshya Adhiniyam (BSA) have come into force in the state, replacing the colonial Indian Penal Code, the Criminal Procedure Code and the Indian Evidence Act respectively.

Sections 254 (Evidence for Protection), 265 (Evidence for Prosecution) and 266 (Evidence for Defence) of BNSS provide for the use of audio-video electronic means for recording evidence and examination of witnesses.

Further, Section 530 of BNSS provides that all trials, inquiries and proceedings under BNSS may be held in electronic mode, by use of electronic communication or use of audio-video electronic means.

The e-Sakshya app is a vital digital tool designed to support the implementation of these provisions.

Developed as an evidence management system comprising a web portal and a mobile application, it enables secure collection, storage and presentation of digital evidence while ensuring authenticity and compliance with legal standards.

However, as the app has not yet been notified by the state government, investigating officers (IOs) are unable to use it to place evidence before courts.

The PHQ has already provided around 25,000 tablets to IOs for the digital collection of evidence.

E-Sakshya

E-Sakshya is an advanced evidence management system that includes both a web portal and a mobile application, developed in alignment with the latest criminal laws under the Bharatiya Nyaya Sanhita (BNS).

The app is designed to streamline and secure evidence collection, ensuring accuracy, authenticity, and compliance with legal standards.

Not used in more than 7.85 lakh cases

Had the state government issued the notification, E-Sakshya could have been used in around 2.50 lakh cases registered in 2024, around 4.35 lakh cases in 2025 and around one lakh cases until May this year.

ADG, State Crime Record Bureau, Jaideep Prasad told Free Press, "The PHQ has provided around 25,000 tablets to the IOs and they are collecting data and evidence in digital form. But they cannot use them in courts, except as supporting evidence."

ACS Home Sanjay Shukla said that the draft of the notification has been sent to the Law Department for vetting. "Once that is done, the notification will be published in the gazette," he said.