भारत सरकार / Government of India

Daman 16th December, 2025 25 Agrahayana, 1947 (Saka) No. : 163

U.T. Administration of

Dadra & Nagar Haveli and Daman & Diu,

Home Department,

Secretariat, Vidyut Bhawan,

Kachigam, Nani Daman.

No. Dy.SP(HQ)/e-Summons/LCMC/2025-26/1612

Dated 16/12/2025

NOTIFICATION

In exercise of the powers conferred by sub-section (1) of section 64 and of clause (i) of section

530 and other enabling provisions of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023), in its

application to the Union Territory of Dadra & Nagar Haveli and Daman & Diu is pleased to frame the

following Rules :-

1.

Short title and commencement-

(1) These rules may be called the Union Territory of Dadra & Nagar Haveli and Daman & Diu

Electronic Processes (Issuance, Service and Execution) Rules, 2025.

(2) They shall come into force from the date of their publication in the Union Territory of Dadra

& Nagar Haveli and Daman & Diu Gazette.

2.

Definitions-

(1) In these rules, unless the context otherwise requires-

(a) “CCTNS” means Crime and Criminal Tracking Network and Systems, a system software used

by the Police for the collection of data and execution of instructions;

(b) “CIS” means Case Information System, system software used by the District Judiciary and

सरकारी राजपत्र

OFFICIAL GAZETTE

संघ प्रदेश दादरा एवं नगर हवेली तथा दमण एवं दीव प्रशासन

U.T. ADMINISTRATION OF DADRA AND NAGAR HAVELI AND

DAMAN AND DIU

असाधारण

EXTRAORDINARY

प्राधिकरण द्वारा प्रकाधित / PUBLISHED BY AUHTORITY

EXTRAORDINARY No. 163 THE GAZETTE OF DNH & DD

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High Courts for the collection of data and execution of instructions;

(c) “Disclosed Electronic Mail Address” means the email account of a person or organization

that is used by the person or organisation to send and receive messages over internet, and is

shown to be admitted, or provided by such person or organization either personally or on a

website or portal;

(d) “Electronic Communication” as defined in Section 2 (1) (i) of the Sanhita;

(e) “eSign” means authentication of any electronic record by a subscriber or court, by means of the

electronic technique specified in the Second Schedule of the Information Technology Act, 2000

(21 of 2000) and includes digital signature. Also, when a process or report generated in

electronic form is authenticated by means of electronic signature, it shall be deemed to be

authenticated by signature of the person who affixed the electronic signature;

(f) “High Court” means the High Court of Judicature “Bombay High Court”;

(g) “Process” includes summons, warrant or any other forms set forth in the Second Schedule of

the Sanhita, with such variations as the circumstances of each case may require, issued for the

respective purposes as mentioned in the Sanhita;

(h) “Rules and Orders” means the Union Territory of Dadra & Nagar Haveli and Daman & Diu

Rules and Orders (Criminal);

(i) "Sanhita” means the Bharatiya Nagarik Suraksha Sanhita, 2023 (Act No. 46 of 2023);

(j) “Seal” means image of the seal of the Court;

(k) “State/UT" means the Union Territory of Dadra & Nagar Haveli and Daman & Diu;

(l) “Summons” means any summons issued under the Sanhita;

(m) “Warrant” means a warrant issued under the Sanhita and includes Bailable warrant and non-

Bailable warrant.

(2) Words and expressions used but not defined in these rules shall have the same meaning as

assigned to them in the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023), the Bharatiya

Nyaya Sanhita, 2023 (45 of 2023), the Bharatiya Sakshya Adhiniyam, 2023, (47 of 2023) and the

Information Technology Act, 2000 (21 of 2000).

3. The Courts shall generate and issue process in electronic mode through CIS in such forms as

set forth in the Second Schedule of the Sanhita, with such variations as the circumstances of

each case may require. The same shall be served by an officer of the Court issuing it.

4. When the Court does not possess required electronic address/ contact details of the person to

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whom such process is intended to be served or when the process issued as per rule 3 is not

served, it may direct the same to be served by a police officer or other public servant.

5. Every process issued in form of electronic communication under the Sanhita must ordinarily be

written in the language of the court and shall be in an encrypted form of electronic

communication and shall bear the image of the seal of the Court and eSign.

6. Every process issued electronically shall contain eSign in such a manner that the name of the

Court and the capacity in which the signatory or subscriber acts, should be clearly mentioned.

The summons generated in electronic form shall bear image of the seal of the court and eSign

of the appropriate officer of the Court or the Reader or any person. authorized in writing in this

regard as the case may be. Every warrant of arrest in electronic form shall be issued by eSign

of the Presiding Officer of the Court and shall also bear the seal of the Court.

7. Where the processes generated in electronic form are received on CCTNS through a secured

system, in an encrypted or any other form of electronic communication, it shall be presumed to

be issued by the Court. Further, any printout of such process shall have the same effect as issued

in original for the purpose of its execution.

8. The Officer-in-charge of the Police Station shall ensure that the verified details relating to

address, disclosed electronic mail address, phone number and messaging application used by

the accused or witnesses, as the case may be, are recorded during arrest, investigation or inquiry

and entered in CCTNS. Such details shall also be entered in the Register maintained at the

Police Station in compliance with sub-section (1) of section 64 of the Sanhita. If any of such

details is not available, the Officer-in-charge of the Police Station shall make an endorsement

to that effect in the Register:

Provided that any such details may be amended on the basis of further verification or on the basis of an

application by such person.

9. Where a case is filed on the basis of a private complaint, the complainant shall provide the

details relating to address, disclosed electronic mail address, phone number and messaging

application of the accused and witnesses along with the complaint. If any of such information

is not available, the complainant shall make an endorsement to that effect.

10. The details relating to address, disclosed electronic mail address, phone number and messaging

application shall be transmitted in electronic form and maintained in CIS and may be used for

issuance of process. Such digital information shall form part of the register under Section 64 of

the Sanhita.

11. The details relating to disclosed electronic mail address, phone number and messaging

application of the victim and witnesses shall not be disclosed to the accused.

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12. The Officer -in-charge of the Police Station or any Sub- ordinate Officer deputed by him upon

receipt of summons issued in pursuance of rule 4 may forward the summons on the disclosed

electronic mail address, phone number or messaging application of the person summoned.

13. (1) Where summons are served by way of electronic mail, service shall be deemed to have been

made if the service provider generates acknowledgement of the delivery.

(2) When any summon is sent to a person or organization on disclosed electronic mail address,

unless the delivery of the electronic mail is disrupted or bounced back for any reason

whatsoever, the delivery shall be deemed to be effected; and unless the contrary is proved, be

deemed to have been effected at the time at which the electronic mail would be delivered.

14. (1) Where summons are served by way of any other electronic communication including

messaging application, the acknowledgment shall form part of the report of the service and the

report shall contain details including mobile number, messaging application and

screenshot/photo of the application reflecting delivery of the communication.

(2) Such delivery may be deemed to be due service of summons/process and a copy of such

summons/process along with report of service shall be kept in record as a proof of service of

summons/process.

Explanation- Acknowledgement under this rule or under rule 14 include an acknowledgement given

by-

(a) any communication by the addressee, automated or otherwise; or

(b) any conduct of the addressee, sufficient to indicate to the originator that the electronic record has

been received.

15. In case verified details of the email address, phone number or messaging application relating to

the person summoned are not available, the officer-in-charge of the police station or any police

officer deputed shall make an entry in that regard and after taking printout in duplicate of the

summons issued in electronic mode, shall execute the same in accordance with procedure

prescribed under the Sanhita.

16. When summons are not served by an electronic mail or other mode of electronic

communication, or delivery is disrupted and undelivered or bounced back for any other reason,

the concerned officer shall prepare a report in that regard containing all details including mobile

number, messaging application and screenshot/ photo of the application confirmation of

delivery and may proceed as per applicable process.

17. In case of warrant or any other process required to be served in person is issued in electronic

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mode, the officer-in-charge of the police station or any police officer deputed by him shall take

a printout of the warrant or process and execute the same in accordance with the Sanhita and

rules made therein.

18. Where any process is served or executed other than through electronic mode, the Police Officer

while making service or executing the process shall take acknowledgement of the Recipient

and may capture photograph, which shall form part of the report of the service.

19. Upon due service or non-service of the warrant, the serving officer of the concerned Police

Station shall transmit the service along with relevant documents including bail bonds,

photographs, acknowledgment, if any, to the concerned Court in electronic form through

CCTNS / NSTEP.

20. The Court, upon receiving the report in electronic form under rule 19, may act upon such report

as deemed appropriate. Such report or printout of such report shall be deemed to be original for

the purpose of satisfaction as the service/execution of the process.

21. Where any process is issued in cases relating to offences under sections 64 to 71 of The

Bharatiya Nyaya Sanhita (45 of 2023) or offences against woman or child or offences under

The Protection of Children from Sexual Offences Act, 2012 and Juvenile Justice (Care and

Protection of Children) Act, 2015, the concerned officer shall ensure that the identity of the

victim is not revealed in any manner in course of service or execution.

22. Any rule made in this behalf shall be in addition to, not in derogation of, any other law or rules

made by the High Court to specify for the time being in force for issuance, service and execution

of process by the Court.

23. If any difficulty arises in giving effect to the provisions of this Rule, the UT Administration of

Dadra Nagar Haveli & Daman & Diu may, by order, published in the Official Gazette, make

such provisions not inconsistent with the provisions of this Rule as appear to it to be necessary

for removing the difficulty.

By Order and in the name of the

Administrator of Dadra & Nagar Haveli

and Daman & Diu

Sd/–

(Ashish Mohan)

Director – cum –

Joint Secretary (Home),

Dadra & Nagar Haveli and Daman & Diu

***

EXTRAORDINARY No. 163 THE GAZETTE OF DNH & DD

Page 6

U.T. Administration of

Dadra & Nagar Haveli and Daman & Diu,

Home Department,

Secretariat, Vidyut Bhawan,

Kachigam, Nani Daman.

No. Dy.SP(HQ)/eSakshya/LCMC/2025/1613

Dated 16/12/2025

NOTIFICATION

In exercise of the powers conferred by the Govt. of India, Ministry of Home Affairs,

Notification No. 2506(E) dated 28.06.2024 and in order to implement Sections 105, 173, 176, 180, 185

and 497 of the Bharatiya Nagarik Suraksha Sanhita, 2023 read with Section 530 of the Bharatiya

Nagarik Suraksha Sanhita, 2023 (46 of 2023) and Section 63 of Bharatiya Sakshya Adhiniyam, 2023

(47 of 2023) and for electronic management of evidence (eSakshya) during investigation in criminal

proceedings and trial, the Administrator, UT of Dadra & Nagar Haveli and Daman & Diu in consultation

with the Hon’ble High Court, Bombay hereby frames the following rues, namely:-

1.

Short title and commencement. -

(1) These rules may be called the Union Territory Dadra & Nagar Haveli and Daman & Diu

(eSakshya) Management Rules, 2025.

(2) They shall come into force from the date of their publication in the Official Gazette.

2. Definitions.—

(1) In these rules, unless the context otherwise requires,—

(a) “CCTNS” means Crime and Criminal Tracking Network and Systems, a system software used

by the Police for the collection of data and execution of instructions;

(b) “CIS” means Case Information System, a system software used by the District Judiciary and

High Courts for the collection of data and execution of instructions;

(c) “eSign” means authentication of any electronic record by a subscriber or court, by means of the

electronic technique specified in the Second Schedule of the Information Technology Act, 2000

(21 of 2000) and includes digital signature. Also, when a process or report generated in

electronic form is authenticated by means of electronic signature, it shall be deemed to be

authenticated by signature of the person who affixed the electronic signature.

(d) “High Court” means the High Court of Judicature at Bombay.

(e) “ICJS” shall mean Inter-operable Criminal Justice System, a software presently in operation

for transfer of information among various pillars of criminal justice system, which includes

investigating agencies, courts, correctional homes, forensic laboratories, prosecution; and any

other stakeholder as notified by the central government.

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(f) “Investigating Officer” means any police officer or any other person authorized by a competent

authority or empowered to undertake investigation for any offence.

(g) “Sakshya” means any evidence collected/recorded as a document through eSakshya Mobile

Application. Sakshya consists of video recording(s), photograph(s), photograph(s) of witness(s)

and photograph of the investigating/recording officer. All evidence recorded through eSakshya

Mobile Application shall generate a secure packet of the event (hereinafter referred to as

“eSakshya Packet’) with a unique ID called SID, a unique 16 digits ID (SID) with opening,

closing time stamp and geo-location each and its contents will have unique hash value to ensure

integrity, Sakshya will be stored in immutable storage.

(h) “Sanhita” means the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023).

2. Words and expressions used, but not defined in these rules shall have the same meaning as

assigned to them in the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023); the Bharatiya

Nyaya Sanhita, 2023 (45 of 2023); the Bharatiya Sakshya Adhiniyam, 2023, (47 of 2023) and

the Information Technology Act, 2000 (21 of 2000).

3. Every Investigating Officer shall record all video and photo evidence as required under section

105,173,176,180, 185, and 497 of the Sanhita through the eSakshya Mobile Application.

4. Investigating Officer shall generate a certificate 63 (4) (c) Part A of the Bharatiya Sakshya

Adhiniyam, 2023 (47 of 2023) through the eSakshya Mobile Application. All Certificates will

be eSigned.

5. Investigating Officer shall link SID with the concerned FIR number/GD number generated

through CCTNS.

6. The Sakshya uploaded to immutable storage shall be construed to be forwarded to Magistrate

as required under section 105 and 185 of the Sanhita.

7. The courts can view and manage all Sakshya concerning to their jurisdiction in the CIS

application/Sakshya portal on ICJS.

8. The court may permit sharing of Sakshya with accused and the victim (if represented by an

advocate) as per the provisions under section 230 of the Sanhita.

9. eSakshya packet will be archived after completion of trial and will be moved to Archival mode.

10. Nothing in these rules shall be deemed to limit the power of the Courts to view the Sakshya by

the Court.

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11. These rules shall be in addition to, not in derogation of any other law or rules for time being in

force for accepting and managing Sakshya by the Court in terms of the provisions of Bharatiya

Sakshya Adhiniyam, 2023 (47 of 2023).

12. If any difficulty arises in giving effect to the provisions of this Rule, the UT Administration of

DNH & DD may, by order, published in the Official Gazette, make such provisions not

inconsistent with the provisions of this Rule as appear to it to be necessary for removing the

difficulty.

By Order and in the name of the

Administrator of Dadra & Nagar Haveli

and Daman & Diu

Sd/–

(Ashish Mohan)

Director – cum –

Joint Secretary (Home),

Dadra & Nagar Haveli and Daman & Diu

***

Published by : e-gazette, Department of Planning & Statistics, DNH & DD.