Destruction of Records retained in electronic form

On 2-5-2024, the High Court of Delhi amended Chapter 16 of Volume IV of the Delhi High Court Rules and Order and introduced new rules relating to destruction of records retained in electronic form. The provisions came into force on 2-5-2024.

The following rules have been inserted in Part- F(A) of Chapter 16 of Volume IV:

  1. Rule 1-A relates to “Destruction of Records retained in electronic form”

    • Any judicial record/ book/ paper can be destroyed after being retained in electronic form.

    • Exceptions- The following documents will be preserved in physical form-

      • Negotiable instrument;

      • Power-of-attorney;

      • Trust;

      • Will;

      • Any contract for sale or conveyance of immovable property.

  2. Rule 1-B relates to “Supervision of conversion of record into electronic form before destruction”-

    • Supervision of conversion of judicial records/ books/ paper in electronic form will be done by an officer who will be appointed by the Principal District & Sessions Judge of that district.

    • Such appointment will be authenticated by affixing the Principal District & Sessions Judge’s digital signature.

    • The conversion of records will be retained in a format which will be suitable for digital preservation, easy access in future and will be kept in temper- proof environment.

  3. Rule 1-C relates to “Retention of electronic record”

    • Electronic records will be kept in the Record Room of:

      • The District concerned;

      • In one another District of different court complex;

      • At server situated in a remote city of India which will be decided by the High Court of Delhi.

    • Exceptions- The following judicial records/ book/ paper, will not be retained in electronic form:

      • Records which are required to be preserved in perpetuity;

      • Records relating to sexual assault on woman;

      • Records relating to Official Secrets Act/ sovereignty and integrity of Union;

      • Any Valuable Security, Fixed Deposit Receipt and document of similar nature.

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