Chhattisgarh High Court: Appointment Of Examiners Of Electronic Evidence U/s. 79A Of IT Act Key To Investigation Of Cyber Offences

The Chhattisgarh High Court has observed that the role of designated Examiners of Electronic Evidence is central to the investigation and delay in their appointment impacts the ability of law enforcement and judicial authorities.

The Court was considering a Public Interest Litigation seeking appointment of adequate number of Examiners of Electronic Evidence for the State under Section 79A of the Information Technology Act, 2000.

The Division Bench of Chief Justice Ramesh Sinha and Justice Bibhu Datta Guru observed, ".....Timely and effective implementation of these measures is critical, as it ensures that the administration of justice in matters involving cyber offences is both efficient and effective. The role of designated Examiners of Electronic Evidence is central to the investigation and adjudication of cyber offences, and any delay in their appointment directly impacts the ability of law enforcement and judicial authorities to address such offences promptly...."

The Petitioner was represented by Advocate Rudra Pratap Dubey, while the Respondent was represented by Deputy Solicitor General Ramakant Mishra.

It was noted that the first stage concerning the appointment of Examiners/ Experts has already been completed, and the second stage is presently underway. At this stage, certain queries have been raised by the Union of India to the State Government, which are yet to be replied to. Following the submission of the requisite replies by the State Government, the matter will proceed to the third stage.

The Court remarked that it is indeed a matter of significant concern that, despite the enactment of the Information Technology Act, 2000, which was specifically designed to regulate and control cyber activities, there continues to be instances of misuse of technology, posing serious threats to the society at large.

"The procedural formalities required for the appointment or designation of such examiners, though prescribed by law, remain the responsibility of the designated authorities. Compliance with these formalities, however, cannot be treated as a mere bureaucratic formality. Timely and effective implementation of these measures is critical, as it ensures that the administration of justice in matters involving cyber offences is both efficient and effective", the Court observed.

It noted that it is incumbent upon the concerned authorities to complete all procedural requirements without avoidable delay, keeping in view the larger public interest, the protection of citizens’ rights, and the overarching objective of maintaining the integrity of digital evidence in the justice delivery system.

The matter has been adjourned to November 04, 2025.

Cause Title: Shirin Malewar v. Union of India

Appearances:

Petitioner- Advocate Rudra Pratap Dubey

Respondent- Deputy Solicitor General Ramakant Mishra, Deputy Advocate General Shashank Thakur

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