Delhi HC Seeks Response on Free Forensic Experts for Legal Aid Litigants

• The Delhi High Court has directed NALSA to consider implementing a scheme providing free access to forensic experts for legal aid litigants.
• The PIL was filed by advocates Zeeshan Ekhlaque and Aman Bhide, seeking directions to establish a mechanism for providing free forensic experts.
• Section 63 of the Bharatiya Sakshya Adhiniyam requires expert-certification for electronic evidence, which has been a point of contention in many cases.
• The Court's direction aims to address the issue of disadvantaged sections being unable to comply with Section 63 and access justice.

The Delhi High Court has issued a direction to the National Legal Services Authority (NALSA) to consider implementing a scheme providing free access to forensic experts for legal aid litigants. This move aims to address the issue of disadvantaged sections being unable to comply with Section 63 of the Bharatiya Sakshya Adhiniyam, which requires expert-certification for electronic evidence. The Court observed that this inability could impinge upon their right to access justice.

The PIL was filed by advocates Zeeshan Ekhlaque and Aman Bhide, seeking directions to establish a mechanism for providing free forensic experts. The Court's direction is significant as it highlights the need for accessible justice for all, particularly those from disadvantaged sections.

Section 63 of the Bharatiya Sakshya Adhiniyam lays down expert-certification requirements for electronic evidence. This provision has been a point of contention, with many arguing that it creates an insurmountable barrier to justice for those who cannot afford to hire forensic experts. The Delhi High Court's direction is a response to this concern, and its implications will be closely watched by lawyers advising clients on access to justice.

The Court's observation that the inability of persons from disadvantaged sections to comply with Section 63 could impinge upon their right to access justice is a stark reminder of the need for accessible justice. The direction to NALSA to consider a scheme providing free forensic experts is a step towards addressing this issue.

The Delhi High Court's direction on free forensic experts has significant implications for access to justice, particularly for disadvantaged sections. The ability of these individuals to access justice is often hampered by the cost of hiring forensic experts. By providing free access to forensic experts, the scheme aims to level the playing field and ensure that all litigants have an equal opportunity to present their case.

The direction also highlights the need for accessible justice, which is a fundamental right enshrined in the Constitution. The Court's observation that the inability of persons from disadvantaged sections to comply with Section 63 could impinge upon their right to access justice is a stark reminder of the need for accessible justice.

Lawyers advising clients on access to justice should note the Delhi High Court's direction to NALSA to consider a scheme providing free forensic experts, which may impact client strategy in cases requiring electronic evidence.

Source: Original reporting via Bar and Bench