Digital Leap: Himachal Pradesh Investigators to Record Evidence on E-Sakshya App

In a move to enhance transparency in criminal investigations and prevent tampering with digital evidence, the Himachal Pradesh government has made it mandatory for investigating officers to record all video and photographic evidence using the E-Sakshya mobile application.

Recently, the Governor, in consultation with the Himachal Pradesh High Court, notified rules under the Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023. These newly issued regulations—titled the Himachal Pradesh E-Sakshya Management Rules, 2025—aim to ensure the secure, transparent, and tamper-proof handling of digital evidence in criminal cases.

As per the rules, investigating officers must use the E-Sakshya app to record evidence related to several provisions of BNSS 2023, including Sections 105, 173, 176, 180, 185, and 497. The application will generate certificates under Section 63(4)(c) of the Bharatiya Sakshya Adhiniyam (Indian Evidence Act) 2023, all of which will be digitally signed.

Each digital evidence packet—referred to as e-evidence—will be linked to the corresponding FIR or General Diary (GD) number generated through the Crime and Criminal Tracking Network & Systems (CCTNS). Once uploaded, the evidence will automatically be deemed forwarded to the magistrate as required by law.

Courts will be able to access and manage such evidence within their jurisdiction through the Case Information System (CIS) and the Interoperable Criminal Justice System (ICJS). The rules also allow courts to provide access to evidence under Section 230 of the Code to both defense and victim’s counsel.

After trial completion, e-evidence packets will be transferred to archival mode to ensure long-term preservation for future reference. The government has clarified that these rules are supplementary to, and not in conflict with, existing laws governing evidence management, and that courts will retain full authority to examine evidence as necessary.