Module 9: E-Courts Filing & Digital Litigation

The e-Committee of the Supreme Court of India provides guidance for the e-Courts Mission Mode Project, ensuring judicial oversight of court digitization.

CNR is a unique 16-digit alphanumeric number assigned to every case filed in computerized courts, enabling nationwide tracking.

ICJS (Inter-operable Criminal Justice System) integrates five pillars: Police (CCTNS), Courts (e-Courts), Prisons (e-Prisons), Prosecution (e-Prosecution), and Forensics (e-Forensics).

Virtual Courts operate without physical presence and primarily handle traffic challans, minor motor vehicle violations, and petty offences where accused can plead online and pay fines digitally.

The National Judicial Data Grid updates pendency data every 15 minutes from connected courts, providing near real-time statistics.

The Supreme Court of India's e-filing portal is at efiling.sci.gov.in, separate from the unified e-Courts portal used by High Courts and District Courts.

Class 3 DSC with higher security is required for Advocates-on-Record (AORs) at the Supreme Court, while Class 2 may suffice for non-AOR advocates.

The Supreme Court e-filing system accepts documents up to 25 MB per file, with searchable PDF format being mandatory.

The Controller of Certifying Authorities (CCA) under the IT Act licenses Certifying Authorities like eMudhra, Sify, etc. to issue Digital Signature Certificates.

E-filing requires searchable PDFs with a text layer. Scanned documents must undergo OCR (Optical Character Recognition) to make text searchable.

BNSS Section 530 empowers courts to conduct proceedings via video conferencing, providing the legal basis for virtual hearings.

Vidyo is the primary video conferencing platform used by the Supreme Court and most High Courts for judicial proceedings.

Professional standards require full formal court attire (black and white) during VC hearings, maintaining the same decorum as physical court appearances.

Before oath administration via VC, the court must verify witness identity on camera and confirm the witness is alone in a neutral location without prompting.

BNSS Section 173(5) specifically provides for production of accused via video conferencing for remand extension, reducing need for physical transport.

BSA Section 63 is the successor to Section 65B of the Indian Evidence Act, governing the admissibility of electronic records as evidence.

Anvar P.V. v. P.K. Basheer (2014) established that Section 65B(4) certificate is mandatory for electronic evidence, overruling earlier flexible approaches.

Arjun Panditrao (2020) clarified that Section 65B certificate can be produced at any stage before judgment, and courts can allow rectification of deficiencies.

The certificate can be signed by a person occupying a responsible official position in relation to the device operation or relevant activities - not necessarily the creator of the record.

Hash values are digital fingerprints used to prove evidence integrity. Any modification to the data changes the hash completely, detecting tampering.

As clarified in Arjun Panditrao, when the original device itself is produced, Section 65B/63 certificate is not required as it applies to computer output (copies), not primary evidence.

For WhatsApp evidence, apart from Section 63 certificate, the device from which messages were extracted or properly certified backup data is needed to establish authenticity.

Preservation orders (litigation holds) are crucial to prevent destruction or modification of electronic evidence, especially when the opposing party controls the data.

A Digital Forensics or Cybersecurity Expert specializes in analyzing server logs, intrusion detection, breach analysis, and establishing unauthorized access patterns.

Technical experts should be engaged early, before finalizing litigation strategy, to properly assess evidence strength, identify issues, and shape the legal approach.

Simply claiming ignorance of computers is not a valid legal defense. Valid challenges include attribution, forensic methodology, chain of custody, and certificate compliance.

Time-sensitive volatile data (live system data, RAM, active connections) must be collected first as it can be lost. Static supporting evidence can be collected later.

CIS 3.0 includes multi-lingual support (18+ Indian languages), integrated e-filing module, mobile app connectivity, and built-in VC scheduling and management.

When locked due to wrong PIN entries, you must contact the Certifying Authority (like eMudhra, Sify) for the unlock procedure.

Cross-border depositions require coordination through Indian Embassy/Consulate with proper Letter Rogatory, ensuring compliance with both Indian and foreign law.

Forensic reports must contain hash values calculated at acquisition and analysis to prove evidence integrity. This allows verification that data was not tampered with.

Arbitration allows parties to specify technical expertise of arbitrators, ensuring decision-makers understand complex technology issues. Also offers confidentiality.

Digital Signature Certificates are typically valid for 2 years and must be renewed before expiry to avoid filing disruptions.

Recording VC court proceedings without express court permission is strictly prohibited and may amount to contempt. Always seek formal permission.

In trade secret cases, immediate action is critical. Preservation notice prevents evidence destruction, and Anton Piller type relief allows search and seizure before defendant destroys/hides evidence.