Parliamentary panel seeks robust safeguards while using technology in legal process

NEW DELHI: A parliamentary panel, which examined the three proposed criminal laws, has hailed the move to enhance the use of technology in legal proceedings but said the adoption of electronic means for communication and trials should proceed only after the establishment of robust safeguards.

The Parliamentary Standing Committee on Home Affairs, headed by BJP MP Brij Lal, also said enabling online or electronic FIR registration is a positive step forward but these should be allowed only through modes specified by the state.

“The committee notes that the Sanhita provides for acceptance of trials in electronic mode as provided in ‘Clause 532’ wherein all trials, inquiries, and proceedings may be held in electronic mode by production of electronic communication devices, likely to contain digital evidence, for investigation, inquiry, or trial,” the panel noted.

“Electronic communication includes communication through devices such as mobiles, computers, or telephone. The committee notes the enhanced technological integration in the Sanhita, emphasising increased utilisation of technology in legal proceedings, and considers it as a welcome change,” it said.

According to Clause 532 of the Bharatiya Nagarik Suraksha Sanhita, “all trials, inquires and proceedings under this Code -- including summons and warrant, issuance, service and execution thereof; holding of inquiry; examination of complainant and witnesses; trial before a court of session, trial in warrant cases, trial in summons-cases, summary trials and plea bargaining; recording of evidence in inquiries and trials; trials before high courts; all appellate proceedings and such other proceedings, may be held in electronic mode, by use of electronic communication or use of audio-video electronic means”.

The committee observed that while the increased utilisation of technology offers numerous advantages, it also creates opportunities for manipulation and misuse.

The collection and storage of electronic evidence raise concerns about data security and the possibility of unauthorised access or breaches, the panel said.

“The committee, therefore, recommends that the adoption of electronic means for communication and trials should proceed only after the establishment of robust safeguards to ensure the secure usage and authentication of electronically available data. “This will help safeguard the integrity of the justice system and ensure that justice is administered fairly and accurately,” it said.

The panel said allowing any form of electronic communication for FIR registration can create logistical and technical challenges for law enforcement.

Moreover, it could become difficult to track all the FIRs filed, especially if, for example, sending an SMS to any police officer is considered as providing information within the scope of Clause 173.