Karnataka High Court Issues Notice To Centre On PIL To Appoint Adequate Number Of Experts To Examine And Certify Electronic Evidence

The Karnataka High Court on Thursday (January 23) issued notice to the Union of India while hearing a petition seeking a direction to designate adequate number of examiners/experts under section 79-A of the Information Technology Act for examining and certifying electronic evidence.

A division bench of Chief Justice N V Anajaria and Justice M I Arun issued notice to the Union Government on the petition filed by Advocate Srinivas V. The court said “The cause sought to be espoused prima facie appears important.” Accordingly the court asked the Union to respond to the plea by February 20. 

The petitioner submitted that the petition concerns the interplay of provision of Information Technology Act and Bhartiya Sakshya Adhiniyam 2023. In so far as Indian Evidence Act was concerned Section 65-B pertained to admissibility of electronic evidence, the counsel said adding that it is a mandatory provision. The equivalent provision in the 2023 Act is Section 63, he said. 

The counsel referred to Section 63 (4) which reads as dealing with any of the matters to which the conditions mentioned in sub-section (2) relate, and purporting to be signed by a person in charge of the computer or communication device or the management of the relevant activities (whichever is appropriate) and an expert shall be evidence of any matter stated in the certificate; and for the purposes of this sub-section it shall be sufficient for a matter to be stated to the best of the knowledge and belief of the person stating it in the certificate specified in the Schedule.

The petitioner argued that under Section 79-A of the Information Technology Act the Central Government is required to notify the Examiner of Electronic Evidence.

"Thus whenever I am adducing evidence before a court of law which is in electronic form. I will have to annex a certificate in the form of an affidavit which as per the Adhiniyam comprising the certificate to be signed and attested by the expert. However, in so far as Karnataka is concerned, there is only one examiner which has been notified for the entire state," he said. 

"The provision under Bhartiya Sakshya Adhiniyam being a mandatory provisions, if tomorrow I have to lead evidence before a court of law, I will have to compulsorily take the expert's certificate and from far flung districts it would be extremely difficult to come to the officer who is in Bengaluru and take the certificate," he added. 

Additional Solicitor General Arvind Kamath appearing for the Union said he would take instruction on the prayers made in the petition.

Following which the court issued notice to the respondents and said “The cause sought to be espoused prima facie appears important. The speedy conduct of the criminal trials by complying with the adequate experts for electronic evidence raises an issue of public interest.”

Case Title: Srivinas V AND Union of India

Case No: WP 898/2025

Appearance: Advocate Sameer Sharma for Petitioner.

ASG Arvind Kamath a/w DSG Shanthi Bhushan H for Respondents.