Digital leap: Himachal investigating officials to record evidence in eSakhya app

Aiming to ensure greater transparency and prevent the tampering of digital evidence in criminal cases, the Himachal Pradesh Government has made it mandatory for investigating officers to record all video and photographic evidence using the eSakshya mobile application.

Recently, the Governor notified the rules regarding this under the Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023, following consultation with the Himachal Pradesh High Court. The newly notified rules, known as the 'Himachal Pradesh eSakshya Management Rules, 2025', aim to ensure secure, transparent and tamper-proof handling of digital evidence in criminal cases.

According to the rules, investigating officers will be required to record evidence related to various provisions of the BNSS 2023, including sections 105, 173, 176, 180, 185 and 497, using the eSakshya app. The application will generate certificates under Section 63(4)(c) of the Bharatiya Sakshya Adhiniyam 2023, and all certificates will be digitally signed.

Each digital evidence packet, known as eSakshya, will be linked to the concerned First Information Report (FIR) or General Diary (GD) number generated through the Crime and Criminal Tracking Network and Systems (CCTNS). Once uploaded, the digital evidence will be automatically deemed to have been forwarded to the magistrate as required by law.

Courts will be able to access and manage all such evidence within their jurisdiction through the Case Information System (CIS) and the Inter-Operable Criminal Justice System (ICJS). The rules also provide for courts to allow access to the evidence to the accused and victims' counsel under Section 230 of the Sanhita.

After the completion of the trial, the eSakshya packets will be shifted into archival mode, ensuring their preservation for future reference. The government has clarified that these rules are in addition to, and not in derogation of, other laws governing evidence management, and that courts will continue to have full authority to view evidence as required.