The Central Government may, for the purposes of providing expert opinion on electronic form evidence before any court or other authority specify, by notification in the official Gazette, any department, body or agency of the Central Government or a State Government as an Examiner of Electronic Evidence.
Explanation:- For the purpose of this section, “Electronic Form Evidence” means any information of probative value that is either stored or transmitted in electronic form and includes computer evidence, digital audio, digital video, cell phones, digital fax machines”.
Pilot scheme for Notifying Examiner of Electronic Evidence Under section 79A of the Information Technology Act 2000
MEITY Notification No 191)/2015-CLFE dated 02 February 2017
Section 79A of the Information Technology Act, 2000 mandates Central Government to notify Examiner of Electronic Evidence for the purposes of providing expert opinion on electronic form evidence before any court or other authority.
For identification and selection of Examiner of Electronic Evidence, Ministry of Electronics & Information Technology (MEITY) has designated and developed a scheme, initially to access and notify Examiner of Electronic Evidence on the pilot basis with 3 to 5 labs.
The detailed scheme document is enclosed as Annexure – I and application form as Annexure – II Eligible Department, body or agency of the Central Government or a State Government are encouraged to apply in the pilot scheme. Based on successful assessment and approval, provisional notification as an examiner of electronic evidence will be issued to these labs.
(Arvind Kumar)
Group Coordinator
(Cyber Laws and E-Security)
Annexure – I: Pilot scheme for Notifying Examiner of Electronic Evidence Under section 79A of the Information Technology Act 2000.
Annexure – II: Application Form for Pilot scheme for Notifying Examiner of Electronic Evidence Under section 79A of the Information Technology Act 2000.