MP may become first state with e-records rules:No need to submit phones for digital evidence in court

Madhya Pradesh may soon become the first state in the country to implement the Electronic Records Rules-2026, allowing video recordings, WhatsApp chats and other digital evidence to be presented in court without requiring the submission of mobile phones. The Madhya Pradesh High Court has prepared the draft rules and forwarded them to the state government. If approved, the notification could be issued shortly. The proposed rules aim to make the handling of electronic records more systematic, secure and technologically reliable. Their significance has grown following the implementation of the new criminal laws, which have led to a sharp rise in the use of digital evidence in courts. Under Section 105 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), videography of every search and seizure has become mandatory. In addition, call detail records (CDRs), CCTV footage, audio-video recordings, bank statements and digital money trails are now key components of criminal investigations. In civil disputes as well, WhatsApp chats and email conversations are increasingly being relied upon as evidence. With the growing volume of electronic records, courts have faced challenges related to submission, authentication and preservation of digital evidence. The new rules seek to address these concerns. They also define the term ‘expert’, which was not clearly specified in the existing law, creating uncertainty over who was authorised to issue certification for electronic evidence. According to MP Additional Chief Secretary (Home) Sanjay Shukla, the draft rules have been received by the government and are currently under examination. Similar initiatives are being pursued in several states following the Centre’s recommendations. If approved, Madhya Pradesh could emerge as the country’s first state to formally implement such a framework. Key features of proposed rules 1. Mobile phones need not be submitted Individuals presenting digital evidence will only need to upload the material along with the prescribed certificate. Once uploaded, the system will generate a unique identification number. The device can then be returned, although courts will retain the power to order its preservation or direct deletion of data when necessary. 2. Package file to serve as original evidence Once evidence is uploaded, its hash value, unique ID and upload timestamp will be automatically recorded. These details will be compiled into a ‘package file’, which must be verified by the party or their lawyer. This package file will be treated as the original electronic record before the court. 3. Even minor tampering will be detectable Every electronic record will carry a unique hash value. Any alteration, however small, in a video, audio clip or WhatsApp chat will change the hash value, immediately indicating possible tampering. The rules also provide for the creation of a ‘mirror image’ or bit-to-bit copy to ensure the original record remains intact. 4. Upload facility through E-Seva centres Parties and lawyers will be able to upload electronic evidence through district court e-seva centres or other centres authorised by the High Court. Uploading irrelevant or excessive material unrelated to the case could attract penalties. 5. Strong protection for victims of sexual offences Electronic records related to sexual offence cases will not be accessible through the common portal. To safeguard the victim’s identity, courts will permit only in-person inspection of sensitive records instead of providing copies. Access will be restricted to the concerned parties and their legal representatives under court supervision.