भारत सरकार
GOVERNMENT OF INDIA
एस.जी.-एल.डी.-अ.-11042025-1494 SG-LD-E-11042025-1494
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असाधारण
EXTRAORDINARY
प्राधिकार से प्रकाशित
PUBLISHED BY AUTHORITY
लद्दाख, 11 अप्रैल, 2025
LADAKH, FRIDAY, APRIL, 11, 2025
Part II - Section 3
के न्द्र-शासित प्रदेश लद्दाख प्रशासन ADMINISTRATION OF UNION TERRITORY OF LADAKH
Home Department
F. No: Home/UTL/ 258 /2025/1152-62
Subject: e-Sakshya Management Rules, 2025.
Reference: i) DO No. 1/04/2025-ICJS (WS-IV) dated 06.04.2025. ii) High Court of J&K and Ladakh No. 18922/RG/GS dated 04.04.2025
Order No: 36 – Home of 2025
Dated: 11.04.2025
The Administration of Union territory of Ladakh, in consultation with the High Court of Jammu & Kashmir and Ladakh, hereby, makes the following rules, namely:
1. Short title and commencement:
(1) These rules may be called the e-Sakshya Management Rules, 2025.
LADAKH GAZETTE : EXTRAORDINARY 2(2) They shall come into force on 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) "e-Sign" 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 Jammu & Kahmir and Ladakh.
(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;
(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 e-Sakshya Mobile Application. Sakshya consists of video recording(s), photograph(s), photograph(s) of witness(s) and photograph(s) of the Investigating/ recording officer. All evidence recorded through e- Sakshya Mobile Application shall generate a secure packet of the event (hereinafter referred to as "e-Sakshya Packet" with a unique ID called SID, a unique 16-digit ID (SID) with opening, closing time stamp and geo-location. Each SID 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 e-Sakshya 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 e-Sakshya Mobile Application. All Certificates will be e-Signed.
5. Investigating Officer shall link SID with the concerned FIR number/ GD number generated through CCTNS.
LADAKH GAZETTE : EXTRAORDINARY 36. 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. e-Sakshya 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.
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 the Bharatiya Sakshya Adhiniyam, 2023 (47 of 2023).