The Karnataka High Court has taken a significant step towards digital transformation by directing key judicial officers to incorporate e-notarisation for filings in both the High Court and district courts. The directive was issued by Justice Suraj Govindaraj, who emphasized the acceptance of e-notarisation while reviewing a compliance affidavit that was electronically notarised.
Case Background
This directive emerged from a legal proceeding involving the restriction of a bank account due to a cybercrime investigation. In this context, Justice Govindaraj underscored the feasibility and efficiency of e-notarisation.
Process of E-Notarisation
Advocate Priyanka S Bhat, representing IIFL Finance Limited, detailed the e-notarisation procedure in a memorandum submitted to the court. The process involved a live audio-video conference between the authorised signatory and the notary, with the affidavit displayed on their screens. During this session, the notary verified the signatory’s identity, confirmed their authority and understanding, and administered an oath affirming the truthfulness of the affidavit’s contents. The signatory then electronically signed the document using Aadhaar-based e-KYC, followed by the notary’s official seal and electronic signature on the affidavit.
Digital Transformation in the Judiciary
Justice Govindaraj has also encouraged the use of technology in legal practices, suggesting that paperwork could be scanned and shared digitally with the court. He further mentioned the potential use of devices like iPads to facilitate a digital court experience, even in criminal jurisdictions.
This move towards e-notarisation and digital court operations reflects a broader commitment to modernizing the judicial process, making it more accessible and efficient for all parties involved.
