Will Issue Rules To Regulate Judicial Officers' Conduct While Handling Digital Evidence Containing Sexual Explicit Material: Registry Tells Kerala High Court

The Court had laid down the comprehensive guidelines on December 07, 2023 while ordering a 'fact-finding enquiry' on the allegations raised by the survivor in the 2017 actor sexual assault case regarding unauthorized access and copy and transfer of the visuals from a Memory Card relating to the incident.

The Registrar (District Judiciary) submitted a report before the Kerala High Court stating that the court's judicial directives, which provide comprehensive guidelines for law enforcement agencies, courts, and examining authorities while handling electronic records containing sexually explicit materials, would be adhered to.

Based on the report, Justice K Babu observed thus:

“The Registrar (District Judiciary) submitted a report stating that the judgment was communicated to the Chief Secretary, Government of Kerala, the State Police Chief and all the District Judges.”

The Registrar (District Judiciary) submitted a report before the Court stating that the guidelines issued by the Court have been placed before the Administrative Committee of the High Court to consider whether they could be used for regulating the conduct of judicial officers while handling electronic records containing sexually explicit/objectionable materials.

The report also stated that they have to examine whether the guidelines have to be made applicable to the High Court.

Further, the Administrative Committee will consider whether an official Memorandum or Circular have to be issued directing all Courts in the District Judiciary to strictly abide by the guidelines to be followed for handling electronic records containing Sexually Explicit Materials. They will also have to consider whether a Rule Committee has to be constituted under Section 123 of the CPC to examine the need to frame new rules or amendments to give effect to the judicial directions.

The Court was also apprised that suggestions were also obtained from the IT Section of the High Court and draft Rules for the Reception, Retrieval, Authentication and Preservation of Electronic Records and additional infrastructure requirements prepared by the Directorate of IT along with the aid of the Deputy Director, Kerala Judicial Academy was also placed before the Administrative Committee.

The Director General of Prosecution assured the Court that the government has taken all steps to comply with the guidelines of the Court.

Case Title: XXX v. State of Kerala

Case Number: W.P. (Crl.) 445/ 2022

Click here to Read/Download Order