Introduction
On May 16th, 2025 Delhi Home Department notified eSakshya Management Guidelines, 2025 (hereinafter referred to as eSkashya Guidelines) establishing procedure for recording, storage and sharing of digital evidence by investigating officers using mobile application. The guidelines specify technical and procedural safeguards for handling of such evidence. Further National Informatics Centre (hereinafter referred to as NIC) updated eSakshya app developed in accordance with the latest three criminal laws enabling real time capture of video and images of evidence and witness enhancing evidence collection, preservation and verification ensuring integrity.1
What is eSakshya?
Sakshya means any evidence collected/recorded as a document through eSakshya Mobile Application. Sakshya consists of video recording, photograph of witness and photograph of investigating/recording officer. Further, eSakshya is an advanced evidence management system that includes both a web portal and mobile application, developed in alignment with the latest criminal laws under the Bharatiya Nyay Sanhita (BNS).2
Purpose of eSakshya Guidelines
The purpose of application and guidelines is to enhance transparency, accountability and efficiency in criminal investigation by making evidence collection process secure and legally robust by leveraging technology and real time recording.
Data privacy and security
Though government has not explicitly mentioned alignment with the data privacy law, it is reflected in the guidelines themselves and the design of eSakshya app. This is evident through the following points:
- Lawful purpose/consent: The Investigating Officer (any police or any other person authorized by a competent authority or empowered to undertake investigation for any offence) shall record all video and photo evidence through eSakshya Mobile Application.3This is in alignment with the legitimate use for fulfilling obligation under any law for time being in force in India on any person to disclose any information to the State or any of its instrumentalities.4
- Data security/ integrity: The eSakshya Guidelines emphasize secure handling of evidence and witness information by generating a secure packet of the event with unique 16 digit ID called SID. Each SID will have a unique hash value to ensure integrity and will be stored in immutable storage.5
- Data minimization and retention: The evidence is collected for specific investigation and judicial purpose and will be archived after completion of trial and moved to Archival mode.6
- Security safeguard: Use of immutable storage, time stamping and e signature are strong technical safeguards to protect data from unauthorized access.
- Rights of individual: The eSakshya Guidelines allow limited rights to individuals i.e. court may permit sharing of Sakshya with the accused and the victim as per the Section 230 of The Bharatiya Nyaya Sanhita, 20237.
- Data sharing and access control: Certificates as per Section 63(4) (c) of The Bharatiya Sakshya Adhiniyam, 20238 generated are e signed and access to eSakshya evidence is managed through secure portal. Only courts can view and manage evidence and sharing of evidence with accused and victim is permitted.9
Further the app developed by NIC ensures data safety of users by not collecting their data and not sharing with third party.
Conclusion
This demonstrates government's commitment to data privacy within operational and technical aspect of eSkashya Guidelines and application, even if not overtly articulated.
Abhishekta Sharma, Junior Associate Advocate at S.S.Rana & Co. has assisted in the research of this article.
Footnotes
1. https://play.google.com/store/apps/details?id=com.nic.esaakshya&hl=en_AU
2. https://informatics.nic.in/files/websites/april-2025/esakshya.php
3. Clause 3 of Guidelines on eSakshya
4. § 7(d), The Digital Personal Data Protection Act, 2023
5. Clause 2(g) of Guidelines on eSakshya
6. Clause 9 of Guidelines on eSakshya
7. § 230. Giving or fabricating false evidence with intent to procure conviction of capital offence.— (1) Whoever gives or fabricates false evidence, intending thereby to cause, or knowing it to be likely that he will thereby cause, any person to be convicted of an offence which is capital by the law for the time being in force in India shall be punished with imprisonment for life, or with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine which may extend to fifty thousand rupees. (2) If an innocent person be convicted and executed in consequence of false evidence referred to in sub-section (1), the person who gives such false evidence shall be punished either with death or the punishment specified in sub-section (1).
8. In any proceeding where it is desired to give a statement in evidence by virtue of this section, a certificate doing any of the following things shall be submitted along with the electronic record at each instance where it is being submitted for admission, namely 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.
9. Clause 7 of Guidelines on eSakshya
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