Karnataka HC notice to Centre on getting more experts for IT evidence in court

Bengaluru: The Karnataka High Court has issued a notice to the Union Government in response to a public interest litigation (PIL) seeking the appointment of an adequate number of examiners/experts under Section 79A of the Information Technology (IT) Act in Karnataka.

The PIL was filed by Bengaluru resident V Srinivas, who argued that under Section 63(4) of the Bharatiya Sakshya Adhiniyam (BSA), electronic evidence must be certified by an expert.

A division bench comprising Chief Justice NV Anjaria and Justice MI Arun scheduled the next hearing to February 20.

As per Section 79A of the IT Act, the Union Government is required to notify any department, body, or agency of the central or state government as an Examiner of Electronic Evidence to provide expert opinions on electronic evidence for court proceedings.

The petitioner highlighted that a substantial volume of electronic evidence is presented during criminal trials, necessitating certification by designated experts or examiners.

Currently, a notification issued by the Ministry of Electronics and Information Technology in September 2018 designates the Forensic Science Laboratory (FSL) in Madiwala, Bengaluru, under the Directorate of Forensic Sciences, Karnataka Police Department, as the sole examiner of electronic evidence for the entire country.

The petitioner contended that having only one notified agency to certify electronic evidence is insufficient to meet the growing demand, which could delay criminal trials.

The court acknowledged the issue, stating: "It is in this context the prayer in the present petition made to designate an adequate number of examiners/experts under Section 79A of IT Act. The cause espoused, prima facie, bears importance, too. Speedy conduct of criminal trials by supplying the adequate experts for certifying the electronic evidence and thus raises an issue of public interest. Before the next date, the respondents shall file the reply and respond to the cause."