An app for the collection and storage of evidence around every crime recorded in in India. How modern indeed! eSakshya, developed by the National Informatics Centre (NIC) with the ambitious aim of helping police record the scene of crime and the search and seizures and then upload them on to a cloud-based platform was one of the talking points when the three new criminal laws were rolled out. Many lauded the intention behind the new-age initiative in the Bharatiya Sakshya Adhiniyam, 2023, that replaces the Indian Evidence Act, 1872, but there were always doubts on whether all of India could keep up. These fears have turned out to be real, as most states are struggling to catch up more than 15 days after the implementation of the laws. And further, it has led to questions being raised about whether cases being filed without the evidence having been registered on eSakshya will hold at all.Leading Supreme Court lawyer Nipun Saxena explained the procedure that must be followed and why the delay in getting eSakshya up and running in most states is so problematic.”According to the new laws, in any and all cases in which an FIR is being registered, there has to be digital evidence that is recorded and stored in the app according to procedure. This recording should then be sent to the District Magistrate, Sub-divisional Magistrate or Judicial Magistrate of the first class, according to section 105 of BNSS (Bharatiya Nagarik Suraksha Sanhita 2023). “As this is not being done, the chain of custody is breached, and any defence lawyer would have a field day questioning the sanctity of the submitted evidence. There is absolutely no sanctity of the evidence in cases that have been registered from July 1 till date,” he stated. A long list of concernsDespite the legal framework being in place, experts say the delays are being caused as there are several challenges. The viability of the app that is designed to be a centralised, cloud-based platform for uploading and managing legal evidence and case information is also under a cloud. First, there are the growing concerns about the country’s preparedness for this digital shift. Many legal professionals and law enforcement officers have expressed doubts about the infrastructure and training required to effectively use the eSakshya app. For instance, do police stations in India’s backward villages have the necessary phones? The transition from traditional paper-based systems to a completely digitised platform requires significant investment in technology and capacity building, which many believe has not been adequately addressed.”Our system is ill-equipped,” said T Asaf Ali, former Director General of Prosecution in Kerala. “No proper rules have been formulated regarding the execution of these laws, and no preparation has been done for their implementation.” Noufal CS, SCPO (Senior Civil Police Officer) in Kerala, highlights another concern — the app is not functional in his state. “We have been given training and classes about the three new laws, but not much has been told about the app. We know that there is going to be a digitisation, but we do not know the exact details,” he added. Baiju Krishnamoorthy IPS, Kerala Cadre, said that the Bureau of Police Research and Development (BPR&D) has issued Standard Operating Procedures (SOP) to assist police officers in implementing new provisions in the criminal laws. “Every police officer is required to upgrade his skills regarding maintaining integrity of electronic records, the task of the (cyber) expert is likely to increase with many of the mandatory provisions coming into effect,” he said. “DIG-level officers from the Centre were sent to the states for training,” Krishnamoorthy added. The new mandate has also sparked a debate about the security of uploading sensitive evidence and case details to a cloud-based platform. Cybersecurity experts have raised alarms about potential data breaches, unauthorised access, and cyber attacks on government systems. Mukesh Choudhary, a top cyber security expert in India, says that any mobile application must be tested for vulnerabilities and routine application audits must be conducted. Audits of the cloud infrastructure, more frequent auditing than usual with designated teams for it, adherence to the Information Security Policy are some of the suggestions he gives for a more secure and streamlined operation.
Source link
