Notification of Forensic Science Laboratory as Examiner of Electronics Evidence under Section 79A of IT Act 2000

Overview:

CHAPTER XIIA of the Information Technology Act, 2000 empowers the Central Government under section 79A to notify any Department, body or agency of the Central Government or a State Government as an Examiner of Electronic Evidence for the purposes of providing expert opinion on electronic form evidence before any court or other authority specified by notification in the Official Gazette. The Explanation clause of section 79A further articulates that the “Electronic Form Evidence” means any information of probative value that is either stored or transmitted in electronic form and includes evidence, digital data, digital video, cell phones, digital fax machine etc.

In line with the above requirement, (Ministry of Electronics & IT, GoI) MeitY has formulated a scheme for notifying the Examiner of Electronic Evidence. The scheme is based on international standards like ISO/IEC 17025 (A Standard on General requirements for the competence of testing and calibration laboratories) and ISO/IEC 27037 (A Standard on Information technology - Security techniques - Guidelines for identification, collection, acquisition and preservation of digital evidence). The evaluation process includes examination of the technical, skilled professional manpower in digital forensics, licensed tools and equipment, availability of suitable environment to carry out such evaluation as also the availability of a proper quality management system and reasonable experience to demonstrate their overall competency in this area.

MeitY has entrusted STQC Directorate for assessment and evaluation of applicant laboratories seeking notification as Examiner of Electronics Evidence under Section 79A of IT Act 2000.

Eligibility Criteria for Notification as Examiner of Electronics Evidence under Section 79A of IT Act 2000:

 

Any Department, body or agency of the Central Government or a State Government seeking to be notified as an Examiner of Electronic Evidence for the purposes of providing expert opinion on electronic form evidence before any court or other authority.

Steps for notification:

• Submission of offline application available at https://www.meity.gov.in/notification-pilot-scheme-notifying-examiner-electronic-evidence-under-section-79a-information
• Review of application
• Stage-I Assessment (onsite) – Definition Level
• Stage-II Assessment (onsite) - Implementation Level
• Stage-III Assessment – Apex Committee
• Approval by Competent Authority, MeitY
• Publication of Gazette Notification

Scope of the Scheme:

The scope of approval will be one or more of disciplines/ areas of activities:

• Computer (Media) Forensics
• Network (Cyber) Forensics
• Mobile Devices Forensics
• Digital Video / Image & CCTV Forensics
• Digital Audio Forensics
• Device Specific Forensics
• Digital Equipment / Machines (having embedded firmware)
• Any other

Notified Laboratories:

The list of notified labs is available at https://www.meity.gov.in/notification-forensic-labs-%E2%80%98examiner-electronic-evidence%E2%80%99-under-section-79a-information-technology

Contact details: