Team Blitz India
NEW DELHI: In a first, Kerala High Court has passed a set of guidelines for law enforcement agencies, courts and investigation authorities towards the handling of digital evidence containing sexually explicit material.
Expressing concern over the fact that there were no rules that guide the handling of sensitive electronic records, the court directed that the measures formulated by it must be followed until a separate law was enacted on the subject.
The court was hearing the 2017 actress assault case concerning the suspected tampering of digital evidence. The memory card, holding visuals of the assault, was accessed without authorization while in the custody of different authorities, including the trial court. The victim expressed concerns that the video contents might be shared anytime.
Commenting on the petition, the High Court observed that an investigation into the allegation that somebody unauthorisedly accessed the memory card, and copied and transmitted the contents of it will only remove the cloud on the judicial system. It further said that such an investigation was necessary to maintain the majesty of the judicial process and the purity of the legal system.
Passing its observation in the case, the court said, “It is submitted at the Bar that there are no rules that guide Law Enforcement agencies, experts, courts, etc, on how to handle sensitive electronic records containing sexually explicit materials.
It is further submitted that there is a pressing need to issue the guidelines to be followed by various agencies and institutions that may handle such electronic records containing sexually explicit materials.”
Therefore, law enforcement agencies, courts and examining authorities are directed to comply with the following measures in the matter of handling sexually explicit materials till a law is enacted on the subject, it added.
The Court has also laid down guidelines to be followed by all concerned, including the courts, to ensure that any sexually explicit material is preserved in such a manner that they are not accessed illegally.
