Delhi HC seeks NALSA’s stand on PIL seeking free aid for needy to tender electronic evidence

Delhi High Court has sought the stand of the Centre and NALSA on a PIL seeking free forensic expert assistance for the needy to enable them to present electronic evidence in court under the Bharatiya Sakshya Adhiniyam.

A bench of Chief Justice D K Upadhyaya and Justice Tejas Karia issued notices to the National Legal Services Authority (NALSA) and the Centre on the PIL filed by two lawyers, Zeeshan Ekhlaque and Aman Bhide. The bench observed that prima facie, the inability of the needy to present electronic evidence in the absence of means to seek assistance of an expert impinged upon their right to access to justice.

“We accordingly require the NALSA to consider the matter and apprise the court of a possible scheme which may be applicable,” the court said on August 19. The petitioners said that under the Bharatiya Sakshya Adhiniyam (BSA), tendering electronic evidence in a case by any person required a certificate signed by an expert and those belonging to marginalised, vulnerable and poor backgrounds may lack the financial means to obtain this assistance.

The petition said that in response to an RTI application, NALSA specifically stated that “there is no provision of expert assistance” to persons entitled to free legal aid for preparing certificates as per Section 63 of the BSA, 2023. The court listed the case for hearing in October.