Examiners Of Electronic Evidence Are Crucial In Cyber Offence Probes, Delay In Appointment Affects Law Enforcement: Chhattisgarh High Court

The Chhattisgarh High Court has expressed concern over the absence of Examiners of Electronic Evidence for the State of Chhattisgarh, which is hampering the ability of law enforcement and judicial authorities to promptly address cyber offences.While dealing with a Public Interest Litigation seeking appointment of adequate number of Examiners of Electronic Evidence for the State, a Division Bench of Chief Justice Ramesh Sinha and Justice Bibhu Datta Guru lamented,“It is indeed a matter of significant concern that, despite the enactment of the Information Technology Act, 2000, which was specifically designed to regulate and control cyber activities, there continues to be instances of misuse of technology, posing serious threats to the society at large. The present Public Interest Litigation highlights this very issue and seeks the urgent appointment or designation of Examiners of Electronic Evidence under Section 79A of the Act for the State of Chhattisgarh, with a view to ensuring that such appointments are made within a reasonable and stipulated time frame.”Underscoring the need for appointment of Examiners of Electronic Evidence, the Court further stated,“The procedural formalities required for the appointment or designation of such examiners, though prescribed by law, remain the responsibility of the designated authorities. Compliance with these formalities, however, cannot be treated as a mere bureaucratic formality. Timely and effective implementation of these measures is critical, as it ensures that the administration of justice in matters involving cyber offences is both efficient and effective. The role of designated Examiners of Electronic Evidence is central to the investigation and adjudication of cyber offences, and any delay in their appointment directly impacts the ability of law enforcement and judicial authorities to address such offences promptly.”The PIL, filed by Shirin Malewar, highlighted that there was no Examiner/Expert under Section 79-A of the Information Technology Act, 2000, for the State of Chhattisgarh. Thus, in the absence of such examiners/experts, the PIL prayed for appointment of adequate number of examiners/experts under Section 79-A for every District of Chhattisgarh.During the course of proceedings, the Court was informed that the first of the three stages concerning the appointment was completed and the second stage was underway. As there were certain queries raised by the Union and State Government, which needed resolution before proceeding with the third stage, the Court held,“It is therefore incumbent upon the concerned authorities to complete all procedural requirements without avoidable delay, keeping in view the larger public interest, the protection of citizens' rights, and the overarching objective of maintaining the integrity of digital evidence in the justice delivery system.”The matter is now listed on 04.11.2025 for further hearing.Case Details:Case Number: WPPIL No. 28 of 2025Case Title: SHIRIN MALEWAR versus UNION OF INDIAClick Here To Read/Download Order

Examiners Of Electronic Evidence Are Crucial In Cyber Offence Probes, Delay In Appointment Affects Law Enforcement: Chhattisgarh High Court

Saahas Arora

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