From Form to Substance: Reinterpreting Electronic Evidence under Section 138-C, Customs Act, 1962
by Rachit Jain*, Harshdeep Khurana** and Dhanur Gupta***
by Rachit Jain*, Harshdeep Khurana** and Dhanur Gupta***
Four FIRs were filed against former MLA Suresh Rathore arising from social media posts projecting complainants as involved in the Ankita Bhandari murder, a case that had already concluded with three convictions and life sentences. Two were lodged by persons who were neither the victim nor the affected party, covering the same allegations as the victim’s own FIR.
Gov of Maharashtra notified Maharashtra Audio-Video Electronic Means Rules, 2026 to integrate technology, secure evidence, and streamline judicial processes.
Cell for Law and Technology (CLT) at the National Law Institute University (NLIU), Bhopal
“The data available in the mobile phone has to be converted and thereafter forensic examination of digital evidence has to be made. Hence, the seizure of the phone along with sim card was important as encrypted files are available in the phone. For this reason, the phone was seized, and now sent for forensic examination after obtaining permission from Trial Court.”
Delhi High Court clarified that it is a legal matter between the petitioner and the Directorate of Enforcement, not a conflict between political parties. It stressed the need for the court to maintain its focus on the legal merits of the case, without being influenced by political dynamics.