The Karnataka High Court has asked the Central Government to respond to a Public Interest Litigation (PIL) seeking the appointment of more experts for certifying electronic evidence across the state. This comes after a lawyer filed the PIL, raising concerns about the current shortage of qualified experts under Section 79-A of the Information Technology (IT) Act.
The petition highlighted that under the Bhartiya Sakshya Adhiniyam (BSA), all electronic evidence must be accompanied by a certification issued by an expert appointed by the Centre under Section 79 of the IT Act. However, it was pointed out that Karnataka currently has only one such expert, based in Bengaluru, to certify all electronic evidence submitted in courts across the state. As a result, litigants from across Karnataka must travel to Bengaluru to get their electronic evidence certified.
The petitioner referred to a judgment by the Madras High Court, which noted that the Central government had yet to appoint any experts in Tamil Nadu to certify electronic evidence. Additionally, it was highlighted that only 16 experts had been notified across India to perform this crucial task.
During the hearing, Chief Justice NV Anjaria and Justice MI Arun observed that the matter raised in the PIL seemed “prima facie important” and emphasized that there was a need for “speedy compliance” with the provisions of Section 79-A of the IT Act. The court adjourned the matter to February 25, allowing time for the Additional Solicitor General (ASG) Arvind Kamath and Deputy ASG Shanti Bhushan to take instructions on the matter.
The PIL underscores a growing issue related to the availability and accessibility of qualified experts for certifying digital evidence in courts across India.
