“e‑Sakshya” Comes to Maharashtra: How Digital Evidence Will Now Be Collected, Stored and Used

The State of Maharashtra has taken a significant step towards a fully digital criminal justice system by notifying the “Bharatiya Nagarik Suraksha Sanhita the State of Maharashtra eSakshya Management Rules, 2025”. These rules operationalise the concepts of digital investigation and electronic evidence envisaged under the new criminal laws, especially the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) and the Bharatiya Sakshya Adhiniyam, 2023 (BSA).

At the heart of this framework lies the eSakshya Mobile Application, designed to ensure that video, photographs and other electronic records collected during investigation are securely captured, authenticated, transmitted and used in court.

Read Notification here: Click here.

What is “e‑Sakshya”?

The rules define “Sakshya” as any evidence collected or recorded as a document through the eSakshya Mobile Application. This includes:

·       Video recording(s)

·       Photograph(s)

·       Photograph(s) of witnesses

·       Photograph of the investigating/recording officer

Every such act of recording generates an “eSakshya Packet” with the following features:

·       A unique 16‑digit Sakshya ID (SID)

·       Opening and closing time‑stamps

·       Geo‑location tags

·       A unique hash value for each content item to ensure integrity

·       Storage in immutable storage, so that tampering becomes practically impossible

In effect, eSakshya creates a secure, traceable and verifiable digital trail for crucial evidentiary material.

Legal Backbone: BNSS, BNS, BSA and IT Act

The rules are framed by the Government of Maharashtra in exercise of powers under section 530 of the BNSS, 2023, and are to be read along with:

·       Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS)

·       Bharatiya Nyaya Sanhita, 2023 (BNS)

·       Bharatiya Sakshya Adhiniyam, 2023 (BSA)

·       Information Technology Act, 2000

Where a term is not defined in the eSakshya Rules, its meaning will be borrowed from these enactments.

Key Digital Platforms: CCTNS, CIS and ICJS

The rules integrate eSakshya into the existing national and state‑level justice IT infrastructure:

·       CCTNS (Crime and Criminal Tracking Network and Systems)

A software platform used by the police for registration of FIRs, GD entries, and for data collection and instructions.

·       CIS (Case Information System)

A software platform used by District Judiciary and High Courts for case data and judicial processes.

·       ICJS (Inter‑operable Criminal Justice System)

A platform enabling electronic transfer of information among all pillars of the criminal justice system—investigating agencies, courts, correctional homes, forensic laboratories, prosecution and other notified stakeholders.

The High Court referred to in the rules is the High Court of Judicature at Bombay.

Mandatory Use of e‑Sakshya for Certain Types of Evidence

A major reform introduced by these rules is that every Investigating Officer (IO) must use the eSakshya Mobile Application to record video and photo evidence whenever required under specific sections of the BNSS.

The rules expressly mention sections 105, 173, 176, 180, 185 and 497 of the BNSS. These provisions broadly deal with:

·       Scene of crime documentation and local inspections

·       Inquest and post‑mortem‑related processes

·       Recording of statements or proceedings that are required to be video‑recorded

·       Other stages where BNSS mandates photo/video documentation

By mandating the use of eSakshya in these situations, the rules standardise digital evidence collection and reduce disputes over genuineness, continuity and chain of custody.

Section 63(4)(c) BSA Certificate Through the App

Under the Bharatiya Sakshya Adhiniyam, 2023, electronic records require a certificate under section 63(4)(c) (Part A) for admissibility.

The rules provide that:

·       The Investigating Officer must generate this certificate through the eSakshya Mobile Application.

·       All such certificates will be eSigned.

This has two major implications:

1.       The admissibility certificate is standardised and system‑generated.

2.       Once eSigned, it is deemed to bear the signature of the person affixing such electronic signature, satisfying statutory requirements under the IT Act and BSA.

What is “eSign” in this Framework?

The rules define “eSign” as the authentication of any electronic record by a subscriber or court by using the electronic technique specified in the Second Schedule to the IT Act, 2000, and it includes digital signatures.

When a process or report generated electronically is authenticated by an electronic signature:

·       It is deemed to be signed by the person who has affixed that electronic signature.

This deeming fiction is vital for judicial acceptance of documents generated by the eSakshya ecosystem.

Linking Evidence with FIR and GD: Role of SID and CCTNS

To prevent any mismatch or misplacement of digital evidence, the rules direct that:

·       The Investigating Officer shall link the Sakshya ID (SID) with the concerned FIR number or GD number generated through CCTNS.

This ensures that:

·       Every piece of eSakshya is traceable to a specific FIR or GD.

·       There is no ambiguity regarding which case a particular video, photograph or witness recording belongs to.

Forwarding to the Magistrate: Automatic Compliance

Under the BNSS, certain materials need to be forwarded to the Magistrate, for instance under sections 105 and 185. The rules create a legal presumption:

·       Once Sakshya is uploaded to immutable storage, it shall be construed to be forwarded to the Magistrate as required by these provisions.

This clause is significant because:

·       It removes the need for physical forwarding of storage devices.

·       It creates a clear legal fiction that upload equals forwarding, thus aligning practice with the digital reality.

How Courts Will Access and Use e‑Sakshya

The rules envisage a seamless integration of courts into the eSakshya ecosystem:

·       Courts can view and manage all Sakshya relating to their jurisdiction in:

o   the CIS application, or

o   the Sakshya Portal on ICJS.

This allows:

·       Quick and secure access to electronic evidence during different stages of a case.

·       Efficient case management, especially for matters where video and photo evidence are central.

Further, the rules clarify that nothing in them limits the power of the Courts to view the Sakshya. Thus, the judicial power to examine evidence remains plenary; the rules only facilitate the mode of access.

Sharing e‑Sakshya With Accused and Victim

Transparency and fair trial rights are built into the framework. The rules provide that:

·       The Court may permit sharing of Sakshya with:

o   the accused, and

o   the victim, if represented by an advocate,

in accordance with section 230 of the BNSS.

This balances:

·       The rights of the accused to fair disclosure, and

·       The rights of the victim to be informed and effectively represented,

while ensuring that access is regulated and subject to judicial oversight.

Archival and Post‑Trial Management

After the completion of trial:

·       The eSakshya Packet will be archived and moved to Archival Mode.

Archiving serves several functions:

·       Preserves the evidentiary record for appeals, revisions or retrials.

·       Maintains a long‑term, tamper‑proof repository of evidence.

·       Allows the system to manage storage more efficiently while maintaining legal continuity.

Relationship With Other Laws and Rules

The eSakshya Rules adopt a non‑derogatory approach. They explicitly provide that:

·       These rules are in addition to, and not in derogation of, any other law or rules for the time being in force regarding acceptance and management of evidence by the Court under the BSA.

Therefore:

·       Existing procedural and evidentiary provisions remain intact.

·       eSakshya is an enabling and harmonising mechanism rather than a repealing or overriding one.

Power to Remove Difficulties

Recognising that such a significant technological and procedural transition may pose implementation challenges, the rules contain a “removal of difficulties” clause:

·       If any difficulty arises in giving effect to the provisions of the Rules, the Government of Maharashtra may, by order published in the Official Gazette, make such provisions (not inconsistent with the Rules) as appear necessary to remove the difficulty.

This ensures flexibility and responsiveness during the rollout phase.

Why e‑Sakshya Matters: Practical Impact

The eSakshya framework can transform the landscape of criminal investigation and trial in Maharashtra in several ways:

·       Authenticity and integrity of evidence

Immutable storage, time‑stamps, geo‑location and hash values together create a strong chain of custody and significantly reduce scope for tampering allegations.

·       Speed and efficiency

Instead of physically transporting devices and media, evidence is digitally captured, uploaded and made instantly available to courts via CIS/ICJS.

·       Standardised compliance

Mandatory use for certain BNSS‑mandated recordings and automatic generation of BSA section 63(4)(c) certificates bring uniformity in practice.

·       Rights of parties

Controlled court‑permitted sharing with accused and victims under BNSS section 230 enhances fairness and transparency.

·       Judicial convenience

Courts can access evidence at any stage, from anywhere within their secure network, without logistical delays.

In essence, the Bharatiya Nagarik Suraksha Sanhita the State of Maharashtra eSakshya Management Rules, 2025 mark a decisive shift towards end‑to‑end digital handling of crucial evidence, while carefully anchoring the system in the substantive and procedural safeguards of BNSS, BNS, BSA and the IT Act.

                   

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