Kerala HC Issues Guidelines For Handling Digital Evidence Containing Sexually Explicit Material
Kerala High Court’s guidelines for handling digital evidence containing sexually explicit material.
🔍 Context
The Kerala High Court has recognized the sensitivities involved in handling digital evidence—such as videos, photos, and chats—particularly when the content is sexually explicit, including revenge porn, child pornography, or materials submitted in sexual assault cases.
Given the potential for misuse, re-victimization, and violation of privacy, the High Court laid down clear procedural safeguards to protect the dignity and rights of victims, while ensuring fair investigation and trial.
⚖️ Key Legal Provisions Involved
Section 67, 67A of IT Act, 2000 – Punish publication/transmission of obscene/sexually explicit material.
Sections 354A–354D, 376 IPC – Deal with sexual harassment and assault.
Protection of Children from Sexual Offences (POCSO) Act, 2012
Section 164 CrPC – Recording of statements before a magistrate.
Section 65B, Indian Evidence Act – Admissibility of electronic records.
📜 Kerala High Court Guidelines: Handling Digital Evidence with Sexually Explicit Content
The Kerala High Court issued these important guidelines to ensure that the integrity of digital evidence is preserved and the privacy of victims is protected:
🔒 1. Restricted Access to Explicit Content
Sexually explicit digital content (videos, images, chats) must be kept under sealed custody.
Access should be limited strictly to the investigating officer, judicial officers, and experts, only when absolutely necessary.
Unauthorized duplication or disclosure is strictly prohibited.
⚖️ 2. Judicial Oversight
Digital evidence containing explicit material should be submitted in a sealed cover to the concerned magistrate or court.
The court must personally supervise any review or copying of such material, to prevent leaks or misuse.
👩💼 3. Victim’s Privacy Must Be Respected
Identity of the victim must be protected at all times as per Section 228A IPC.
Courts and police should not describe the content in detail in orders or FIRs.
Use of blurred visuals or redacted descriptions is encouraged.
💻 4. Certified Copies / Viewing
Parties (accused or defense lawyers) are not entitled to copies of explicit videos/images unless deemed necessary by the court.
Even then, only viewing access under supervision may be granted—no physical copies to be handed over.
👮♂️ 5. Expert Handling
If forensic analysis is required, the content must be sent to a designated cyber forensic lab, ensuring chain of custody.
The experts must be bound by confidentiality and submit a sealed report.
📁 6. Digital Storage
Explicit content must be stored in secure, encrypted formats with password protection.
Only authorized officers should handle the storage devices.
🧑⚖️ Case Laws and Precedents Cited / Supporting the Guidelines
🔹 State of Punjab v. Gurmit Singh, (1996) 2 SCC 384
The Supreme Court stressed the need to preserve the dignity of victims of sexual offences.
The Kerala HC relied on this to protect victims from further trauma via digital exposure.
🔹 Shafi Mohammad v. State of Himachal Pradesh, (2018) 2 SCC 801
Clarified the procedure for admissibility of electronic evidence under Section 65B Evidence Act.
Kerala HC emphasized that digital evidence must be handled carefully and legally.
🔹 Rekha Murarka v. State of West Bengal, (2020) 2 SCC 474
The victim's participation and rights during the trial were acknowledged, including the right to dignity and privacy.
🔹 XYZ v. State of Gujarat, 2022 (Gujarat HC)
Though a different HC, this case was cited for its cautious approach in preventing the misuse of sexually explicit material during trial.
✅ Rationale Behind These Guidelines
Prevent secondary victimization of survivors.
Stop circulation or leakage of explicit content in public or social media.
Ensure compliance with data protection and privacy norms.
Encourage sensitive and professional handling of digital sexual content in criminal justice procedures.
📌 Conclusion
The Kerala High Court's guidelines represent a significant step in balancing the rights of victims and accused in cases involving sexually explicit digital evidence. These guidelines ensure:
Privacy of victims is not compromised.
Evidence integrity is maintained.
Judicial supervision is maintained over sensitive content.
No misuse or unauthorized access occurs.
Courts across India are now being encouraged to follow similar protocols, reflecting the changing nature of crime and evidence in the digital age.
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