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Core Purpose

Notification issuing the eSakshya Management Guidelines, 2025, for recording and managing electronic evidence.

Detailed Summary

The Home Department (Home Police-II) of the Government of the National Capital Territory of Delhi has issued a Notification dated 16th May, 2025, under File No. F. No. 11/08/2024/HP-II/ Part File/1518-1526, publishing the eSakshya Management Guidelines, 2025. These guidelines, effective from their publication date in the Delhi Gazette, define terms like CCTNS, CIS, eSign (referencing the Information Technology Act, 2000), ICJS, Investigating Officer, Sakshya (evidence recorded via eSakshya Mobile Application, generating an eSakshya Packet with a unique 16-digit SID), and Sanhita (referencing the Bharatiya Nagarik Suraksha Sanhita, 2023). Undefined terms derive meaning from the Bharatiya Nagarik Suraksha Sanhita, 2023, Bharatiya Nyaya Sanhita, 2023, Bharatiya Sakshya Adhiniyam, 2023, and Information Technology Act, 2000. Investigating Officers are mandated to record video and photo evidence via the eSakshya Mobile Application as per sections 105, 173, 176, 180, 185, and 497 of the Sanhita. They must also generate eSigned certificates as per section 63 (4) (c) Part A of the Bharatiya Sakshya Adhiniyam, 2023, through the application and link the SID to the concerned FIR/GD number from CCTNS. Sakshya uploaded to immutable storage is deemed forwarded to the Magistrate under sections 105 and 185 of the Sanhita. Courts can view and manage Sakshya via CIS/Sakshya portal on ICJS and may permit sharing with the accused and victim as per section 230 of the Sanhita. eSakshya packets will be archived post-trial. The guidelines supplement existing laws and guidelines concerning Sakshya management by Courts in line with the Bharatiya Sakshya Adhiniyam, 2023, and do not limit the Court's power to view Sakshya.

Full Text

REGD. No. D. L.-33002/99 GOVERNMENT OF INDIA Delhi Gazette SG-DL-E-22052025-263290 EXTRAORDINARY PUBLISHED BY AUTHORITY No. 158] DELHI, TUESDAY, MAY 20, 2025/VAISAKHA 30, 1947 [N. C. T. D. No. 63 PART IV GOVERNMENT OF THE NATIONAL CAPITAL TERRITORY OF DELHI Delhi, the 16th May, 2025 F. No. 11/08/2024/HP-II/ Part File/1518-1526. Guidelines for eSakshya HOME DEPARTMENT (HOME POLICE-II) NOTIFICATION Delhi, the 16th May, 2025 F. No. 11/08/2024/HP-II/ Part File/1518-1526. Guidelines for eSakshya 1. Short title and commencement- (i) These guidelines may be called the eSakshya Management Guidelines, 2025. (ii) They shall come into force on the date of their publication in the Delhi Gazette. 2. Definitions- (1) In these guidelines, unless the context otherwise requires- (a) "CCTNS" or "<Name of Application>" means Crime and Criminal Tracking Network and Systems, a system software used by the Police collection of data and execution of instructions; for the collection of data and execution of instructions; (b) "CIS" means Case Information System, a system software used by the District Judiciary and High Courts for the collection of data and execution of instructions; (c) "eSign" means authentication of any electronic record by a subscriber or court, by means of the electronic technique specified in the Second Schedule of the Information Technology Act, 2000 (21 of 2000) and includes digital signature. Also, when a process or report generated in electronic form is authenticated by means of electronic signature, it shall be deemed to be authenticated by signature of the person who affixed the electronic signature. (d) "High Court" means the High Court of Judicature. (e) "ICJS" shall mean Inter-operable Criminal Justice System, a software presently in operation for transfer of information among various pillars of criminal justice system, which Includes investigating agencies, courts, correctional homes, forensic laboratories, prosecution; and any other stakeholder as notified by the central government. (f) "Investigating Officer" means any police officer or any other person authorized by a competent authority or empowered to undertake investigation for any offence. (g) "Sakshya" means any evidence collected/recorded as a document through eSakshya Mobile Application. Sakshya consists of video recording(s), photograph(s), photograph(s) of witness(s) and photograph of the investigating/recording officer. All evidence recorded through eSakshya Mobile Application shall generate a secure packet of the event (hereinafter referred to as "eSakshya Packet') with a unique ID called SID, a unique 16 digit ID (SID) with opening, closing time stamp and geo-location. Each SID' and its contents will have unique hash value to ensure integrity. Sakshya will be stored in immutable storage. (h) "Sanhita" means the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023). (2) Words and expressions used, but not defined in these guidelines shall have the same meaning as assigned to them in the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023); the Bharatiya Nyaya Sanhita, 2023 (45 of 2023); the Bharatiya Sakshya Adhiniyam, 2023, (47 of 2023) and the Information Technology Act, 2000 (21 of 2000). 3. Every Investigating Officer shall record all video and photo evidence as required under section 105,173,176,180, 185, and 497 of the Sanhita through the eSakshya Mobile Application. 4. Investigating Officer shall generate a certificate 63 (4) (c) Part A of the Bharatiya Sakshya Adhiniyam, 2023 (47 of 2023) through the eSakshya Mobile Application. All Certificates will be eSigned. 5. Investigating Officer shall link SID with the concerned FIR number/GD number generated through CCTNS. 6. The Sakshya uploaded to immutable storage shall be construed to be forwarded to Magistrate as required under section 105 and 185 of the Sanhita. 7. The courts can view and manage all Sakshya concerning to their jurisdiction in the CIS application/Sakshya portal on ICJS. 8. The court may permit sharing of Sakshya with accused and the victim (if represented by an advocate) as per the provisions under section 230 of the Sanhita. 9. eSakshya packet will be archived after completion of trial and will be moved to Archival mode. 10. Nothing in these guidelines shall be deemed to limit the power of the Courts to view the Sakshya by the Court. 11. These guidelines shall be in addition to, not in derogation of any other law or guidelines for time being in force for accepting and managing Sakshya by the Court in terms of the provisions of Bharatiya Sakshya Adhiniyam, 2023 (47 of 2023). By Order and in the Name of the Lt. Governor of the National Capital Territory of Delhi SANJEEV KUNDU, Dy. Secy. (Home-I) Uploaded by Dte. of Printing at Government of India Press, Ring Road, Mayapuri, New Delhi-110064 and Published by the Controller of Publications, Delhi-110054.

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