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GOVERNMENT OF PUDUCHERRY
HOME DEPARTMENT
(G.O. Ms. No. 37, Puducherry, dated 16th June 2025)
NOTIFICATION
In exercise of the powers conferred under section 63 of the
Bharatiya Sakshya Adhiniyam, 2023 (Act No. 47 of 2023). read with the
Notification in S.O. No. 2506 (E), dated 28-06-2024 of the Government of
India, Ministry of Home Affairs, New Delhi, the Lieutenant-Governor,
Puducherry, hereby notifies the following Rules, namely:–
La Gazette de L' État de Poudouchéry
The Gazette of Puducherry
PART - II
EXTRAORDINAIRE
EXTRAORDINARY
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2025 }
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19 {
No. 51 Poudouchéry
Jeudi
19
Juin
2025
No.
Puducherry
Thursday
19th
June
2025
(29 Jyaistha 1947)
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LA GAZETTE DE L'ETAT
[PART–II
1. Short title and commencement.— (i) These rules may be called
the eSakshya Management Rules, 2025.
(ii) They shall come into force on and from the date of its
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 the High Court 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 (Act No. 21 of 2000) and includes the 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 the signature of the person who affixed the
electronic signature;
(d) "High Court" means, the High Court of Judicature at
Madras;
(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 eSakshya Mobile Application. Sakshya consists
of video recording(s), photograph(s), photograph(s) of witness(s)
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PART–II]
LA GAZETTE DE L'ETAT
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 digit ID (SID)
with opening, closing time stamp and geo-location. Each SID and
its contents shall have unique hash value to ensure integrity.
Sakshya shall be stored in immutable storage.
(h) "Sanhita" means the Bharatiya Nagarik Suraksha Sanhita, 2023,
(Act No. 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, (Act No. 46 of 2023); the Bharatiya Nyaya
Sanhita, 2023, (Act No. 45 of 2023); the Bharatiya Sakshya Adhiniyam, 2023,
(Act No. 47 of 2023) and the Information Technology Act, 2000,
(Act No. 21 of 2000).
3. Every Investigating Officer shall record all video and photo
evidence as required under sections 105, 173, 176, 180, 185 and 497 of
the Sanhita through the eSakshya Mobile Application.
4. Investigating Officer shall generate a Certificate under
section 63(4)(c) Part A of the Bharatiya Sakshya Adhiniyam, 2023
(Act No. 47 of 2023) through the eSakshya Mobile Application.
All Certificates shall 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 the Magistrate as required under sections 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 shall permit sharing of Sakshya with accused and
the victim (if represented by an Advocate) as per the provisions under
section 230 of the Sanhita.
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[PART–II
9. eSakshya packet shall be archived after completion of trial and
shall 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 and not in derogation of
any other Law or Rules for time being in force for accepting and
managing the Sakshya by the Court in terms of the provisions of
Bharatiya Sakshya Adhiniyam, 2023, (Act No. 47 of 2023).
(By order of the Lieutenant-Governor)
DR. SHARAT CHAUHAN,
Chief Secretary to Government.
————
online publication at “https://styandptg.py.gov.in”
Published by the Director, Government Press, Puducherry.