SHIMLA, Sept 21 — The Himachal Pradesh government has made it mandatory for investigating officers to record all video and photographic evidence in criminal cases using the eSakshya mobile application, officials said. The step aims to increase transparency and prevent tampering of digital evidence.
The rules, notified by the Governor following consultations with the Himachal Pradesh High Court, are part of the newly framed Himachal Pradesh eSakshya Management Rules, 2025, under the Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023. “The eSakshya app will ensure secure, transparent and tamper-proof handling of digital evidence in criminal investigations,” a senior official said.
Under the rules, evidence pertaining to several provisions of the BNSS 2023, including sections 105, 173, 176, 180, 185 and 497, must be recorded through the app. The application generates certificates under Section 63(4)(c) of the Bharatiya Sakshya Adhiniyam 2023, all digitally signed for verification.
Each digital evidence packet, called an eSakshya, will be linked to the corresponding First Information Report (FIR) or General Diary (GD) number via the Crime and Criminal Tracking Network and Systems (CCTNS). Once uploaded, the evidence will automatically be forwarded to the magistrate as mandated by law. Courts can access and manage these records through the Case Information System (CIS) and the Inter-Operable Criminal Justice System (ICJS).
The rules also allow courts to grant access to the evidence to the accused or their counsel and victims’ representatives under Section 230 of the Sanhita. Upon completion of a trial, the eSakshya packets will be archived for future reference.
Authorities clarified that these rules supplement, and do not override, existing laws governing evidence management, and that courts retain full authority to view and evaluate digital evidence as required.
