The Delhi High Court on Wednesday issued notice on a PIL seeking a mechanism to provide free forensic expert assistance to persons entitled to legal aid for compliance with the electronic-evidence certification requirements under Section 63 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA).

A division bench comprising Chief Justice DK Upadhyaya and Justice Tejas Karia sought response of National Legal Services Authority (NALSA) and the Union Ministries of Law & Justice and Home Affairs.

The petition, filed by Zeeshan Ekhlaque and Aman Bhide, contends that Section 63 of the BSA has introduced a statutory framework for the admissibility of electronic records under which the prescribed certificate contains two components.

According to the petition, while Part A is to be completed by the person having lawful control over the electronic record or device, Part B requires examination of the electronic record and the concerned device by an expert.

The PIL argues that although a litigant with sufficient financial resources can engage a forensic expert privately, persons eligible for free legal aid may not be able to bear such costs.

“In absence of any institutional mechanism for providing such expertise through the legal-aid framework, an economically disadvantaged litigant is placed at a substantial disadvantage in proceedings where electronic evidence is sought to be relied upon or challenged, thereby rendering the statutory requirement practically inaccessible to precisely those persons whom the legal-aid framework is intended to protect,” the plea states.

It adds that a structured mechanism must be in place under which an eligible legal-aid beneficiary can obtain expert assistance whenever such examination is required for compliance with Section 63.

The petitioners have submitted that the absence of any institutional mechanism for providing forensic expert assistance to persons entitled to free legal aid directly impinges upon their right to meaningful access to justice.

“The Petitioners seek a structured and uniform mechanism under which an eligible legal-aid beneficiary, wherever expert examination is required for compliance with Section 63, is able to obtain such assistance without being compelled to bear the private cost thereof,” they submit.

The plea has been filed through Advocate Md Imran Ahmad.

Title: Zeeshan Ekhlaque & Anr v. National Legal Services Authority & Ors