Madhya Pradesh Introduces Digital Legal System with New Rules
The Madhya Pradesh government has launched a groundbreaking set of regulations under the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) and the Bharatiya Nyay Sanhita, 2023 (BNS), aimed at transforming the judicial process through digitalisation.
Key Features of the New Rules
These new rules permit the issuance, service, and execution of legal documents via various electronic communication channels. This marks a significant advancement in the state’s legal system.
Chief Minister’s Announcement
Chief Minister Mohan Yadav stated, “The Madhya Pradesh government has decided to use electronic methods for serving all types of summons. Madhya Pradesh is the first state in the country where e-technology will be used to serve summons and notices in our judicial system. With this, all arrangements would be followed at a fast pace. I extend my greetings to the department on the implementation of this new technology system.”
Details of the New Rules
The Madhya Pradesh Gazette issued on August 13 stated that the new rules may be called the Madhya Pradesh Electronic Processes (Issuance, Services and Execution) rules 2024. The rules define “electronic communication” broadly, covering the transmission of written, verbal, pictorial, or video content through electronic means. This includes any communication transmitted via devices such as mobile phones, computers, or other wireless telecommunication devices.
While the notification does not explicitly mention platforms like email or messaging apps such as WhatsApp, it clearly encompasses any digital medium that facilitates communication between parties.
Implementation in Courts
Courts in Madhya Pradesh are now authorised to issue and serve legal documents–including summonses, warrants, and notices–through electronic mode. These documents will be delivered to the intended recipient via known electronic mail addresses or messaging applications, based on the recipient’s available contact information. The service of these documents is confirmed through digital acknowledgments.
For instance, when a court sends a notice via electronic mail, the delivery is considered successful unless the email bounces back. In the case of messaging applications, delivery receipts or read confirmations will serve as proof of service. The acknowledgment forms a critical part of the service report that will be submitted to the court.
Security Measures
All documents issued electronically will be authenticated with digital signatures as per the Information Technology Act, 2000, and will be encrypted to prevent unauthorised access and ensure the security of the communication.
These rules shall be in addition to any other law or rules made by the High Court of Madhya Pradesh for the time being in force for issuance, service and execution of process by the Court.
Doubts Revealed
Madhya Pradesh -: Madhya Pradesh is a state in central India. It is known for its rich history, culture, and natural beauty.
Digital Legal System -: A digital legal system uses computers and the internet to handle legal processes, making things faster and more efficient.
Bharatiya Nagarik Suraksha Sanhita, 2023 -: This is a new set of rules introduced in 2023 to protect citizens and ensure their safety in India.
Bharatiya Nyay Sanhita, 2023 -: This is another set of rules introduced in 2023 to improve the justice system in India.
Judicial process -: The judicial process is the way courts and judges handle legal cases and make decisions.
Electronically -: Doing something electronically means using computers or the internet instead of paper and pen.
Chief Minister Mohan Yadav -: Mohan Yadav is the Chief Minister of Madhya Pradesh, which means he is the head of the state government.
Email -: Email is a way to send messages and documents over the internet using a computer or phone.
Messaging apps -: Messaging apps are applications on your phone or computer that let you send messages to other people quickly.
Secure -: Secure means safe and protected from harm or unauthorized access.