Kerala HC issues norms to handle e-records in sexual assault cases

If a scientific investigation is required to determine the misuse of the electronic record during its transmission, the court shall order it.

Representational Image. (Photo| R Satish Babu)

KOCHI:  In a first for Kerala, the High Court on Thursday issued guidelines for law enforcement agencies and courts to follow while handling electronic records of sexually explicit materials in cases of sexual assault to ensure that they are not accessed illegally. Justice K Babu issued the guidelines

 DOs and DON’Ts

• Electronic record should be separately packed and sealed in damage-proof packets. Each packet should have a unique label clearly stating ‘Sexually Explicit Materials’ (abbreviated as SEM) in luminous red ink and shall be stored in lockers
• While taking the packets out of the locker for transmission to court, the process should be recorded in the register, including the time, date, and details of the officer who removed the sealed packet
• Details of the officer entrusted with the sealed packet for delivery to the court, and information regarding which court it was transmitted to must be documented in the register 
• If it is discovered a person accessed the electronic record after it was sealed and before it was entrusted to the court, the individuals responsible should be held accountable
• Every court should maintain a register of electronic records containing sexually explicit materials it receives. 
• There should be a declaration from the transmitting officer confirming the packet was transmitted without any destruction or tampering
• The sealed packets shall be presented to the chief ministerial officer of the court. The same officer is responsible for examining the packet and ensuring it is properly sealed
• The officer receiving the sealed packet shall provide acknowledgement to the officer who entrusted the sealed packet, provided that the packet is received in proper condition. 
• If the packet is not in proper condition or tampering or misuse is suspected, it must be reported to the judicial officer. The latter shall summon the officer responsible for transmitting the packet to court 
• If a scientific investigation is required to determine the misuse of the electronic record during its transmission, the court shall order it
• The judicial officer accepting the packet should place it in a locker, and its keys shall be kept by the judicial officer or the chief ministerial officer
• If the court receives request for examination of electronic record, the packet shall be removed from the locker in the presence of the judicial officer. Details like time, date, and the officers who handled the material shall be noted in the register
• No copies of sexually explicit electronic records, including newly-created electronic records as a result of scientific examination, shall be provided to any person, including the accused
• As for viewing of the electronic record, the court shall grant permission only based on an order that it passed on a petition for the same filed by the prosecution or the accused 
• The court shall take sufficient precautions to ensure no equipment or secret devices are used by any person present while playing the electronic record
• Upon finality of the case, including any appeals, the court shall send the electronic record to the examining authority for permanent destruction
• The court shall obtain a detailed destruction report from the examining authority or a similarly notified authority
• The judicial officer shall not permit any court officer to remove electronic records containing sexually explicit materials from the chest without a special order, and the details of this order shall be recorded in the special register