Delhi HC seeks NALSA stand on free e-evidence aid for poor

The Delhi High Court has sought the response of the Centre and the National Legal Services Authority (NALSA) on a public interest litigation (PIL) seeking free forensic expert assistance for needy litigants to present electronic evidence in court under the Bharatiya Sakshya Adhiniyam (BSA). A bench of Chief Justice D K Upadhyaya and Justice Tejas Karia issued notices on the PIL filed by lawyers Zeeshan Ekhlaque and Aman Bhide.

The court observed that prima facie, the inability of the needy to present electronic evidence without expert assistance impinges upon their right to access to justice. "We accordingly require NALSA to consider the matter and apprise the court of a possible scheme which may be applicable," the court said on August 19. The petitioners argued that under the BSA, tendering electronic evidence requires a certificate signed by an expert, and those from marginalised backgrounds may lack the means to obtain it.

The petition cited an RTI response in which NALSA stated that there is no provision of expert assistance for preparing certificates under Section 63 of the BSA, 2023. The court has listed the case for further hearing in October.