INTRODUCTION 

On 6th September 2025, the Government of Himachal Pradesh (Home-B Department, Shimla-2) issued a landmark notification vide No. No. Home-B-C-017/1/2024 titled “The Himachal Pradesh eSakshya Management Rules, 2025” under the powers of the Bhartiya Nagrik Suraksha Sanhita, 2023 (BNSS, Act No. 46 of 2023). These rules were framed after consultation with the High Court of Himachal Pradesh.

The rules officially establish a structured mechanism for recording, authenticating, storing, and presenting digital evidence in criminal cases through the eSakshya Mobile Application.

In this article, we explain every part of the notification in detail, with illustrations, so that police officers, judicial officers, advocates, law students, and citizens can understand how these rules will operate in practice.

Short Title and Commencement

• These rules are officially called the Himachal Pradesh eSakshya Management Rules, 2025.
• They come into force from the date of their publication in the Rajpatra (e-Gazette) of Himachal Pradesh.

🌐 What is eSakshya?

      “Sakshya” means evidence.

The eSakshya Mobile App allows Investigating Officers to record:
✔️ Videos of searches/seizures

✔️ Photographs of scenes and articles

✔️ Photographs of witnesses

✔️ Photograph of the Investigating Officer

Each recording generates a secure eSakshya Packet with:

• 🔢 Unique 16-digit Sakshya ID (SID)
• ⏱️ Opening and closing timestamps
• 📍 Geo-location
• 🔒 Unique hash value (to prevent tampering)
• 🗄️ Stored in immutable storage

Definitions

The Rules define key terms to ensure clarity:

(a)  CCTNS (Crime and Criminal Tracking Network and System)

A software platform used by Police for data collection and execution of instructions related to crime and criminals.

(b)  CIS (Case Information System)

A system software used by the District Judiciary and High Courts for management of case-related data.

(c)   e-Sign

• Means authentication of any electronic record by a subscriber or Court, using techniques specified in the Second Schedule of the Information Technology Act, 2000 (21 of 2000).
• Includes digital signatures.
• Any process or report generated in electronic form, once authenticated by e-sign, shall be deemed to be signed by the person who affixed the electronic signature.

(d)  High Court

The High Court of Judicature at Himachal Pradesh.

(e)   ICJS (Inter-Operable Criminal Justice System)

• A software currently in operation to transfer information among various pillars of the criminal justice system.
• Stakeholders include:
• Investigating agencies
• Courts
• Correctional homes
• Forensic laboratories
• Prosecution
• Any other body as notified by the Central Government.

(f)   Investigating Officer (IO)

Any Police Officer or other person authorized by competent authority to undertake investigation for any offence.

(g)  Sakshya

• Means any evidence collected/recorded as a document through the eSakshya Mobile Application.
• It consists of:
• Video recording(s)
• Photograph(s)
• Photograph(s) of witnesses
• Photograph of the Investigating/Recording Officer
• All evidence recorded through the app will generate a secure eSakshya Packet with:
• Unique Sakshya ID (SID): A 16-digit number.
• Opening and closing time stamp
• Geo-location of the event
• Each SID and its contents will have a unique hash value ensuring integrity.
• All Sakshya will be stored in immutable storage (cannot be altered).
  Illustration: If an Investigating Officer conducts a house search under Section 105 BNSS, the entire search process will be video-recorded through the app. Witnesses and the IO will be photographed. A unique 16-digit SID will be generated with exact timestamps and location, ensuring authenticity.

(h)  Sanhita

The Bhartiya Nagrik Suraksha Sanhita, 2023 (Act No. 46 of 2023).

👉 Any words not defined in these rules will have the same meaning as given in:

• Bhartiya Nagarik Suraksha Sanhita, 2023
• Bhartiya Nyaya Sanhita, 2023
• Bhartiya Sakshya Adhiniyam, 2023
• Information Technology Act, 2000

⚖️ When Must eSakshya Be Used ?

Every Investigating Officer shall compulsorily record all video and photo evidence through the eSakshya Mobile Application in cases falling under the following sections of BNSS:

• Section 105: Recording of search and seizure through audio-video electronic means

 Whenever the police conduct a search of a place or seize property, they must record the entire process—making the list of seized items and getting witnesses to sign it—through audio-video means, preferably on a mobile phone. This recording must then be sent without delay to the District Magistrate, Sub-divisional Magistrate, or a Judicial Magistrate of the first class.

Every search and seizure must be videographed/photographed (preferably on mobile), and the recording has to be forwarded promptly to the Magistrate.

• Section 173 : Report of police officer on completion of investigation

Section 173 itself, No videography requirement. It’s about timelines and reports, not recording evidence on video or in form of photograph.

• Section 176 : Procedure for investigation in Cognizable cases

 Videography or photography is required when recording a rape victim’s statement (can be through mobile or electronic means) and during the collection of forensic evidence for offences punishable with seven years or more.

• Section 180 : Examination of Witnesses by Police

The police officer investigating a case (or another officer of a rank authorized by the State) can question anyone believed to know facts about the case. That person must answer truthfully, except for questions that could incriminate them. The officer can write down the statement, keeping a separate, accurate record for each person.

Such statements may also be recorded using audio-video electronic means.

Special protection: If the statement is from a woman who is the victim of certain offences (like sexual offences under the Bharatiya Nyaya Sanhita, 2023), it must be recorded by a woman police officer or other woman officer.

• Section 185 : Search by police officer

If the police believe something important for an investigation is inside a place in their jurisdiction and it can’t be obtained without delay, they can search the place after writing down their reasons in the case diary and noting what they’re looking for. The officer should ideally conduct the search personally.

Every such search must be recorded through audio-video electronic means, preferably by mobile phone.

If the officer can’t search personally, they may authorize a subordinate in writing, explaining the reasons and the specific place and items. Records of the search must be sent to the nearest Magistrate within 48 hours, and the owner/occupier of the place has the right to a free copy of the record.

• Section 497 : Order for custody and disposal of property pending trial in certain cases

            When any property is produced before a Criminal Court or a Magistrate empowered to take cognizance or commit a case for trial during an investigation, inquiry, or trial, the Court or Magistrate may make such orders as it deems fit for the proper custody of the property until the conclusion of proceedings. If the property is perishable or it is otherwise expedient, the Court or Magistrate may, after recording necessary evidence, order its sale or disposal. For the purposes of this provision, “property” includes any property or document produced before the Court or in its custody, as well as any property related to, or used in, the commission of an offence.

            Within fourteen days of the property being produced, the Court or Magistrate shall prepare a detailed statement describing the property in the form and manner prescribed by the State Government. Photographs and, if necessary, videography of the property shall also be taken using mobile or electronic media. The statement, along with the photographs or videos, shall be admissible as evidence in any inquiry, trial, or other proceeding under the Sanhita.

            Finally, within thirty days of preparing the statement and recording the property, the Court or Magistrate shall order its disposal, destruction, confiscation, or delivery, as appropriate, ensuring proper management of the property during the pendency of legal proceedings.

📜 Certificates Under Law

• Every IO must generate a certificate under Section 63(4)(c), Part A of the Bhartiya Sakshya Adhiniyam, 2023.
• These certificates are digitally signed within the eSakshya App.
• This ensures the evidence is legally admissible in Court.

🔗 Linking with FIR/General Diary (as entered in CCTNS)

Every SID (Sakshya ID) shall be linked to the case’s FIR or General Diary (GD) Number through CCTNS.

👉 This keeps the chain of custody airtight and ensures evidence is directly tied to the registered case.

👩‍⚖️Forwarding Evidence to Magistrate

Once uploaded to immutable storage, the Sakshya shall be deemed to be forwarded to the Magistrate as required under Section 105 and 185 of BNSS. This eliminates manual delays and ensures courts receive evidence in real time.

👩‍⚖️How Courts Access eSakshya

• Courts can view and manage Sakshya through:
• 🖥️ CIS Application
• 🌐 ICJS Sakshya Portal
• Courts may also permit accused and victim (through advocate) to view Sakshya under Section 230 BNSS which says :

 In any case instituted on a police report, the Magistrate shall, without delay and in no case beyond fourteen days from the production or appearance of the accused, furnish free of cost to the accused and, if represented by an advocate, to the victim, copies of the police report, the first information report recorded under section 173, statements of proposed prosecution witnesses recorded under section 180(3) (excluding parts requested by the police to be withheld under section 193(7)), confessions and statements under section 183, and any other documents or relevant extracts forwarded with the police report under section 193(6). The Magistrate may, after reviewing any withheld parts and the reasons given, direct that appropriate portions be furnished. If the documents are voluminous, the Magistrate may provide copies electronically or allow inspection in Court personally or through an advocate, and supply in electronic form shall be deemed sufficient.

📦 After Trial – Archival

Once a trial is over:

• The eSakshya Packet moves to Archival Mode.
• Archived Data remains secure, immutable, and preserved.

Powers of the Court

Nothing in these Rules shall be deemed to limit the powers of the Court to view Sakshya.

Saving Clause

• These Rules are in addition to and not in derogation of any other existing law or rules regarding evidence management.
• They align with provisions of the Bhartiya Sakshya Adhiniyam, 2023.

📊 Illustration: End-to-End Workflow of eSakshya

✅ Why These Rules Matter

• 🌐 Transparency: Everything is digitally documented.
• 🔒 Security: Immutable storage + hash values ensure zero tampering.
• ⚡ Efficiency: Evidence reaches Magistrates in real time.
• ⚖️ Fair Trial: Both accused and victims can access evidence.
• 📲 Digital Transformation: Police, Prosecution, Forensic Labs, and Courts connected on ICJS.

📝 Conclusion

The Himachal Pradesh eSakshya Management Rules, 2025 bring a major reform in the criminal justice process by ensuring that electronic evidence is collected, preserved, and managed in a transparent, secure, and legally admissible manner.

By mandating the use of the eSakshya Mobile Application, these rules strengthen accountability of Investigating Officers, empower Courts with real-time access, and guarantee that justice is not only done but also seen to be done.

This notification sets an important precedent for other States to adopt digital solutions in criminal justice.