Supreme Court Grants Six Weeks to Central Govt to Frame Guidelines on Seizure of Digital Devices

The Central government assured the Supreme Court of India on Thursday, December 14, that until it finalises the guidelines regarding the seizure of digital devices, the agencies will follow the 2020 Central Bureau of Investigation (CBI) Manual on digital evidence.  

The assurance from the government came via Additional Solicitor General (ASG) SV Raju before the bench of Justices Sanjay Kishan Kaul and Sudhanshu Dhulia. The bench was hearing "two public interest litigations (PIL) petitions calling for mechanisms to be put in place to govern search and seizure of digital devices by law enforcement and investigative agencies." 

 In the same hearing, the top court granted the government six weeks "to frame guidelines for search and seizure of digital devices by police and law enforcement agencies." 

The bench adjourned Thursday's hearing after the ASG asked for more time to formulate the guidelines. 

"We are deliberating over this and will be coming up with something. But it will take time because we have to consult the forensic laboratory experts and go through existing manuals, like the CBI manual and the Karnataka police manual," ASG said in the court. 

Justice Kaul questioned the delay as the notice on the petition was issued in 2021. 

"...this has been going for some time now. How long will you need? You have been holding meetings, but when will we have an outcome?" 

Furthermore, Justice Kaul asked the ASG if, in the meantime, the government would follow any existing manuals. The ASG assured that the government would follow the CBI manual. 

"Learned additional solicitor general submits that in the conspectus of the existing CBI Manual and the Karnataka Cybercrime Investigation Manual and the suggestions put forth by petitioners, a number of discussions have been held, and that he will come up with something within six weeks. In the meantime, he assures the court that for the time being, at least the CBI manual will be followed by the Central government agencies..," the bench pronounced.

The matter is next listed for hearing on February 6.