Madhya Pradesh Government Issues E-Sakshya Notification For Digital Evidence

Bhopal (Madhya Pradesh): The state government has issued the notification of e-Sakshya, and with this, the digital evidence collected by the investigating officer will be admissible in courts as evidence.

On June 25, Free Press reported that the notification was pending with the law department. The government issued the orders later in the day.

The notification says that the state government, in consultation with the High Court of Madhya Pradesh, has made and issued the general rules for reception, storage, retrieval, access management and preservation of electronic records in courts.

What the rules say

The "e-sakshya system" means the portal of the interoperable criminal justice system facilitating the collection of electronic evidence during investigation or trial through a computer application and its hash value integration and preservation on a secured repository.

The "electronic device" includes a server, digital camera, mobile phone, data card, pen drive or any other magnetic, optical, semiconductor, computer memory, microfilm or similar device used for the purposes of storing or transmitting electronic data.

The "electronic record" means data, record or data generated, image or sound stored, received or sent in an electronic form or microfilm or computer-generated microfiche.

Safeguards and restrictions

No person other than the party to the proceedings, without prior permission of the court, shall upload any electronic record through a recognised portal, on the designated secured repository.

No electronic record disclosing the identity of any person, against whom an offence related to rape, harassment or any other sexual offence is alleged or found to have been committed, shall be presented under rule 4.

How electronic records will be preserved

The electronic record forming part of the court record shall be preserved in the designated secured repository for such period as the rules for destruction of the case record provide.

The electronic record may be erased from the designated secured repository after the lapse of such period.

Where any electronic record is produced in an electronic device, the court may, after the party transmits the electronic record to the designated repository or produces a certified copy of the same, return the electronic device to the party producing it or may direct its retention, for the reasons to be recorded, in writing.