Notification of Forensic labs as ‘Examiner of Electronic Evidence’ under Section 79A of the Information Technology Act 2000.
The notification of forensic labs as “Examiner of Electronic Evidence” under Section 79A of the Information Technology Act 2000 by the Ministry of Electronics and Information Technology (Meity) is a significant step towards strengthening the legal framework for digital evidence in India.
Key points from the notification:
- Purpose: To provide expert opinion on electronic form evidence before any court or other authority.
- Notification: The Central Government will specify, by notification in the Official Gazette, any Department, body or agency of the Central Government or a State Government as an Examiner of Electronic Evidence.
- Definition of Electronic Form Evidence: Any information of probative value that is either stored or transmitted in electronic form, including computer evidence, digital audio, digital video, cell phones, and digital fax machines.
Section 79A of the Information Technology Act 2000:
- This section empowers the Central Government to notify specific departments, bodies, or agencies as “Examiner of Electronic Evidence.”
- The purpose of these designated examiners is to provide expert opinions on electronic form evidence in legal proceedings.
- The definition of “electronic form evidence” includes a wide range of digital data, such as computer evidence, digital audio, digital video, cell phones, and digital fax machines.
Significance of the Notification:
- Legal Recognition of Digital Evidence: The notification acknowledges the importance of digital evidence in modern legal investigations and provides a framework for its admissibility in court.
- Expert Opinion: By designating forensic labs as examiners, the government ensures that expert opinions on electronic evidence are provided by qualified professionals.
- Standardization: The notification may lead to the development of standardized procedures and guidelines for handling and analyzing digital evidence, enhancing its reliability and credibility.
- Strengthened Law Enforcement: The availability of expert opinions on electronic evidence can aid law enforcement agencies in investigating and prosecuting cybercrimes and other digital offenses.
Implications for law enforcement and the judiciary:
- Enhanced Investigation Capabilities: Law enforcement agencies can leverage the expertise of notified forensic labs to effectively investigate cybercrimes and other cases involving digital evidence.
- Improved Evidence Presentation: The judiciary can rely on the expert opinions of notified forensic labs to make informed decisions in cases involving digital evidence.
- Strengthened Cyber Security: The notification can contribute to strengthening cyber security by promoting awareness and best practices in the handling of digital evidence.
Overall, the notification of forensic labs as “Examiner of Electronic Evidence” is a significant step towards ensuring the integrity and reliability of digital evidence in the Indian legal system. It provides a framework for the examination of electronic evidence, enhances the credibility of digital evidence in court, and supports the effective investigation and prosecution of cybercrimes.
Here is the link for finding the approved Cyber forensic labs as “Examiner of Electronic Evidence” per Section 79A of IT Act. LABS
Source: https://www.meity.gov.in/
I4C authorized to get financial intelligence for cybercrime investigation under PMLA 2002.