The Delhi High Court has sought responses from the National Legal Services Authority (NALSA) and the Central Government on a PIL seeking free forensic assistance for persons entitled to legal aid when electronic evidence is involved in court proceedings.
A Division Bench comprising Chief Justice Devendra Kumar Upadhyaya and Justice Tejas Karia heard the plea filed by advocates Zeeshan Ekhlaque and Aman Bhide.
Background of the Case
The petition concerns Section 63 of the Bharatiya Sakshya Adhiniyam, 2023, which sets requirements for proving electronic records in court. The petitioners argued that compliance may require technical examination of electronic records or devices by a forensic expert.
They submitted that while financially capable litigants can hire private experts, people dependent on free legal aid may not be able to afford such assistance.
The plea sought a structured mechanism under which eligible legal-aid beneficiaries could obtain forensic expertise without having to bear the private cost.
Court’s Observation
The Bench noted that the issue could have implications for access to justice for economically disadvantaged persons.
The Court observed:
“We are of the prima facie opinion that in case any person of the disadvantaged society is unable to adduce evidence in terms of section 63 of Bharatiya Sakshya Adhiniyam that impinges upon his right to seek access to justice.”
The Court accordingly asked NALSA to consider the issue and place before it a possible scheme to address the concern.
Decision
The Delhi High Court issued notice to NALSA and the concerned Union Government authorities, seeking their responses on the PIL.
The Court also directed NALSA to consider a possible mechanism for providing forensic assistance to eligible legal-aid beneficiaries and apprise the Court of the same.
