Karnataka High Court issues model guidelines for preserving seized material in criminal cases  

These guidelines will be in force till the government comes out with rules under BNSS  

The High Court of Karnataka has issued model guidelines for preserving seized articles, particularly electronic and other valuable gadgets, in criminal cases while emphasising the need to store and protect them from being damaged when they are in the custody of the police or the trial courts.

The trial courts, in their order of retention for allowing investigating agency to retain the seized electronic and digital material, should ensure that they should not be exposed to atmospheric moisture as it would damage the seized electronic gadget and data stored in them, the High Court said.

Justice V. Srishananda issued the guidelines, which would be in force till the State government comes out with proper guidelines and rules for retaining, releasing, and storing the seized material under the Bharatiya Nagarik Suraksha Sanhita, 2023.

The High Court issued the guidelines while noticing that the police had failed to mention the total value of the electronic gadgets, which had been stolen from an electronic shop in Bengaluru in 2023, in the First Information Report as well as in their report submitted to the trial court even though the complainant had specifically mentioned the value of the stolen high-end mobile phones, laptops, storage devices, digital cameras, etc. as between ₹35 lakh and ₹40 lakh.

Description

Meanwhile, the High Court said that the description of seized property should be incorporated in the seizure mahazar to distinctly identify them at all stages of trial and the mahazar should contain the serial numbers, make, manufacturer’s name, distinctive marks like hallmark on gold and silver articles, distinctive numbers etc.,

The mahazar should also include approximate value of the seized property and estimation of valuation to be obtained from the registered valuers wherever necessary, the court said.

In respect to seized cash, photograph/videograph of the currency notes should be taken and serial numbers of the seized currency notes should be recorded in the mahazar and steps should be taken to deposit the notes with the Reserve Bank of India, the High Court said. 

Published - October 15, 2024 07:42 pm IST