Karnataka HC lays out norms to preserve, operate electronic evidence

The Dharwad bench of the High Court of Karnataka has issued directions for the presentation, preservation and management of electronic evidence presented to courts.

A division bench headed by Justice Suraj Govindaraj passed the order after the court was unable to view the electronic evidence submitted in the form of a CD stapled to the file in a plastic cover.

The bench directed the investigating officers (IO) handling the electronic evidence to comply with the directions issued by the high court in two earlier orders — Madhukara vs Karnataka (2018) and Virendra Khanna vs Karnataka (2020).

The court said the principal district judges shall provide necessary storage boxes or CDs, DVDs, pen drives, etc, which are anti-static and anti-magnetic.

The courts concerned should also be provided with necessary equipment to play electronic evidence in the form of CDs, DVDs, pen drives, SD cards, etc, the bench said.

“The Director General of Police, the Director of Public Prosecution, as also the Registrar (General) of the High Court of Karnataka, to make arrangements for necessary training of their respective officers in respect of receiving, handling, storage and use of electronic evidence,” the court said.

In the appeal before it, the division bench acquitted a man from Hukkeri taluk, Belagavi district, noting that the trial court’s order was not substantiated by evidence on record.

The trial court had sentenced him to life imprisonment in an order dated June 1, 2017, for allegedly killing an 80-year-old woman for six goats and a gold chain.

The bench noted that the identity of the gold chain was not established while the police had recovered 10-12 goats from the accused as against six goats that were stolen.

“Suffice it to say that the entire investigation is lacking in terms of details and the chain of investigation has not been clearly established so as to prove the guilt of the accused beyond reasonable doubt,” the bench said.