Part IV-C Extra Other

Extra No. 169 © The Gujarat Government Gazette EXTRAORDINARY PUBLISHED BY AUTHORITY Vol. LXVII ] TUESDAY, MARCH 24, 2026 / CHAITRA 3, 1948 Separate paging is given to this Part in order that it may be filed as a Separate Compilation. PART IV-C Statutory Rules and Orders (Other than those published in Parts I, I-A and I-L) made by Statutory Authorities other than the Government of Gujarat including those made by the Government of India, the High Courts, the Director of Municipalities, the Commissioner of Police, the Director of Prohibition and Excise, the District Magistrates and the Election Commission, Election Tribunals, Returning Officers and other authorities under the Election Commission. BY THE HIGH COURT OF GUJARAT AT AHMEDABAD NOTIFICATION No.C.3008/2026 OBJECT AND REASONS Whereas to give effect to the policy decision of the State Government and the High Court of Gujarat mandating electronic filing and remote adjudication through video conferencing for specified categories of Negotiable Instruments Act and Payment and Settlement Systems Act cases and such other categories of the cases as may be notified by the High Court of Gujarat from time to time. Whereas to institutionalise a uniform, legally sound, and technology-enabled procedure for adjudication of cases of specified categories notified for the purpose. Whereas to ensure digital primacy of judicial records while safeguarding evidentiary authenticity and procedural fairness. Whereas it is expedient to consolidate, unify and streamline the procedure relating to seamless functioning of SARAS Courts (StateWide Access to Remote Adjudication System); and In exercise of its powers under Articles 225 and 227 of the Constitution of India, and all other enabling sections of the Bhartiya Nagrik Suraksha Sanhita, 2023 (No.46 of 2023), the High Court of Gujarat makes the following Rules. IV-C Ex.-169 169-1169-2 GUJARAT GOVERNMENT GAZETTE EX., 24-03-2026 [ PART IV-C Chapter I - Preliminary 1. Short title, Application and Commencement:- (a) These Rules shall be called the "The Gujarat High Court Rules for seamless functioning of SARAS Courts (StateWide Access to Remote Adjudication System), 2026". (b) These rules shall be read harmoniously with: (i) The SOP for Online Electronic Filing for the Gujarat District Judiciary dated 06.01.2024; (ii) The e-Filing User Manual issued by the e-Committee of the Supreme Court of India; (iii) The District Courts of the Gujarat State for the Use of Electronic Communication and Audio-Video Electronic Means Rules, 2025; and (iv) All Rules, Practice Directions, and administrative instructions issued by the High Court from time to time. (c) These Rules shall apply to StateWide Access to Remote Adjudication System (SARAS) N.I. Court Establishment under C.J.M. Courts of Ahmedabad City, e-filed cases under Section 25 of the Payment and Settlement Systems Act, 2007 and such other courts or proceedings or classes of courts or proceedings as notified by the High Court of Gujarat from time to time. (d) They shall come into force from the date of their publication in the Official Gazette. 2. Definitions:- (1) In these Rules, unless the context otherwise requires, — (a) “Act” means the Negotiable Instruments Act, 1881 and includes, wherever applicable, the Payment and Settlement Systems Act, 2007; or such other Acts as may be prescribed by the High Court. (b) “Audio-Video Electronic Means” means use of video conferencing or other electronic communication modes as recognised under the Bharatiya Nagarik Suraksha Sanhita, 2023 and the District Courts of the Gujarat State for the Use of Electronic Communication and Audio-Video Electronic Means Rules, 2025; (c) “Certified Copy” means a copy of a judicial record certified in accordance with Section 76 of the Indian Evidence Act, 1872 or, Section 75 of The Bharatiya Sakshya Adhiniyam, 2023 and Chapter XXII of the Criminal Manual, whether issued in physical or electronic form; (d) “Court” means a Statewide Access to Remote Adjudication System (SARAS) Courts; (e) “Designated Portal” means the eGujCourtIS system or such other electronic portal, platform, or system as may be provided, notified, or authorised by the High Court from time to time for viewing, processing, and accessing case documents and judicial records; (f) “Digital Record” means the electronic record maintained on the designated portal, including complaints, affidavits, documents, evidence, orders, judgments and rojnama entries etc. (g) “e-Filing” means electronic filing of complaints, applications and documents through the designated e- filing portal of the Gujarat District Judiciary, including filing through designated counters; (h) “Electronic Signature” means a digital or electronic signature as defined under the Information Technology Act, 2000, including Aadhaar-based electronic authentication. (i) “Registry” means the ministerial establishment of the Court responsible for scrutiny, processing and maintenance of records; (j) “Remote Adjudication Court” means a Court designated under Government of Gujarat and High Court of Gujarat notifications to adjudicate e-filed cases through audio-video electronic means; (k) “SARAS” means the Statewide Access to Remote Adjudication System established for adjudication of specified categories of cases; (l) “Video Conferencing Rules, 2025” means the District Courts of the Gujarat State for the Use of Electronic Communication and Audio-Video Electronic Means Rules, 2025; (m) “Rules” shall mean these Rules for StateWide Access to Remote Adjudication System (SARAS) Court and any reference to a Rule, Sub-Rule or Schedule shall be a reference to a Rule, Sub-Rule or Schedule of these Rules.PART IV-C ] GUJARAT GOVERNMENT GAZETTE EX., 24-03-2026 169-3 (2) The words and phrases used herein but not defined herein shall bear the same meanings as assigned to them under the Code of Criminal Procedure, 1973, Indian Penal Code, 1860, Indian Evidence Act, 1872, Bharatiya Nagarik Suraksha Sanhita, 2023, Bharatiya Sakshya Adhiniyam, 2023, the Information Technology Act, 2000, Video Conferencing Rules, 2025, the Criminal Manual, and the SOP for Online Electronic Filing for the Gujarat District Judiciary, as applicable. Chapter II - General Principles 3. GENERAL PRINCIPLES OF PROCEDURE FOR SARAS COURTS: 3.1. The electronic record maintained on the designated portal shall constitute the primary and authoritative judicial record. 3.2. All complaints, affidavits, applications, evidence, orders, judgments, rojnama entries etc. shall ordinarily be accessed, and acted upon in electronic form except provided otherwise in these Rules. 3.3. All complaints, applications, affidavits, statements / further statements, pleas, documents etc. required to be signed under law shall be authenticated in a manner ensuring verifiability, integrity, and attribution to the person executing the same. 3.4. Authentication under these Rules may be carried out by any of the following modes, namely, 3.4.1. Token-based Digital Signature Certificate; or 3.4.2. Physical signature provided in the manner in these Rules, where the person does not possess token based digital signature. 3.5. Where authentication is required to be carried out by physical signature, the person shall physically sign the document and such physically signed document accompanied by the self-attested copy of any one of the documents of proof of identity i.e. Driving License, Election Card, Passport, PAN Card, Aadhaar Card, or any other identity proof as may be permitted by the Court, shall be scanned and uploaded so as to form part of the judicial record. 3.6. Where authentication is carried out through Token-based Digital Signature Certificate or physically signed document as provided above, that shall be deemed to be duly authenticated for the purposes of these Rules and shall form part of the electronic judicial record. 3.7. The documents which are required to be produced in physical form or required to be physically signed or authenticated shall be scanned, OCR-enabled, checked and verified by the ministerial staff of the Remote Adjudication Point as per the criteria provided in the SOP of Scanning and Digitization of Record for District Courts, available on the website of the High Court of Gujarat at https://gujarathighcourt.nic.in/hccms/sites/default/files/miscnotifications/SDC-63-2025%20- %20Scanning%20and%20Digitization%20of%20legacy%20records%20of%20District%20Courts%20- %20Workflow%20Mechanism%20for%20Scanning%20of%20Papers%20Files%20to%20be%20Preserved% 20Permanently%20for%20District%20Courts.pdf and then sent to the concerned SARAS Court. Once such scanned documents are received by the concerned SARAS Court, The Presiding Officer of SARAS Court shall digitally sign the document, and which shall be deemed to form part of the official record of the Court. 3.8. Physically signed originals, once scanned and uploaded, shall be preserved in sealed and appropriately marked covers in the custody of the Court staff, in accordance with the provisions governing retention of physical documents. 3.9. The original document such as Cheque, Return Memo, Notice, Bills, Invoices, which are produced physically in the Court, may be returned to the complainant upon his request, on condition of producing these documents to the court whenever ordered to do so and with an endorsement that such document is produced in Case No. ____at exhibit No. _____ dated ____. 3.10. Scrutiny of e-filed complaints and documents for technical compliance shall remain within the exclusive domain of the Registry. 3.11. Original cheque(s) and other documents which are produced physically, though excluded from permanent preservation under the Gujarat e-Filing SOP, shall be retained during trial for evidentiary purposes and shall169-4 GUJARAT GOVERNMENT GAZETTE EX., 24-03-2026 [ PART IV-C thereafter be preserved and dealt with in accordance with final judicial directions or, until the dispute attains finality in appeal or revision, as the case may be. 3.12. For the purpose of orderly custody, preservation, and ease of access, the Bench Clerk or such other designated ministerial staff shall place the documents which are produced physically, pertaining to each case file in a sealed envelope, duly marked with the case particulars, and shall be maintained so as to ensure ready and prompt access whenever required by the the Court. 4. GENERAL INSTRUCTIONS FOR E-FILING AND OTHER MINISTERIAL FUNCTIONS 4.1. All cases,complaints, interlocutory applications, affidavits, and other pleadings shall be e-filed through the designated e-filing portal, namely https://filing.ecourts.gov.in/pdedev/. 4.2. The Standard Operating Procedure for Online Electronic Filing (e-Filing) for the Gujarat District Judiciary, No. ITC/25/2024 dated 06.01.2024, shall govern all aspects of e-filing of cases, interlocutory applications, affidavits, and documents. Reference to the said SOP shall be mandatory for avoidance of objections and defects. 4.3. Any person who is unable to access the e-filing portal shall be entitled to avail the facilities provided at the designated e-filing counters for such purpose, upon payment of charges, if so stipulated. 4.4. For the purpose of e-filing through the said portal, reference shall be had to the instructions contained under the “Manuals” tab and the “Video Tutorials” tab available on the portal, which provide step-by-step guidance for availing e-filing services. 4.5. In furtherance of the objective of reducing dependence on physical paper, documents inherently originating in physical form shall alone be scanned and uploaded. The documents originating in electronic form shall be uploaded directly. 4.6. Documents such as complaints, vakalatnamas, lists of documents, affidavits, applications etc. shall preferably be directly generated in PDF format and e-filed by affixing digital or electronic signatures through the in-built e-signing facility of the e-filing portal. 4.7. Where the litigant does not possess token-based digital signature or Aadhaar-based e-sign facility, scanned e- filing of physically signed documents may be resorted to. 4.8. Except where the original size of the paper does not permit compliance, all documents, whether scanned or directly converted into PDF format, shall be prepared in A4 size. 4.9. All pages shall be scanned or prepared in such a manner as to ensure that the contents thereof are clear, complete, and legible. 4.10. Upon e-filing, the scanned electronic document shall constitute the record of the Court, notwithstanding that the physical original remains in the custody of the person producing it. Provided that, every person uploading scanned PDF documents shall ensure that the corresponding physical originals are preserved in their original condition until produced before the Court on demand or dealt with in accordance with judicial directions. 4.11. Upon receipt of a newly e-filed complaint, the Registry shall scrutinise the filing on the next working day. If the filing is found in order, the matter shall be registered under the appropriate case type. If defects are noticed, objections shall be recorded in writing and communicated for rectification, and upon clearance of all objections, the matter shall be duly registered and assigned to the concerned Court. 4.12. Upon registration, the matter shall first be made available for perusal in the user account of the Presiding Officer on designated portal. Upon verification by the Presiding Officer, the matter shall thereafter proceed to the user account of the designated Court staff for further ministerial processing. 4.13. The designated staff member shall promptly and correctly assign bookmarks, exhibits, or marks to the documents, strictly in accordance with the nature of the documents and in conformity with Rule 76 of the Criminal Manual.PART IV-C ] GUJARAT GOVERNMENT GAZETTE EX., 24-03-2026 169-5 4.14. Upon completion of bookmarking and exhibit assignment, the matter shall be placed before the Presiding Officer through the designated portal for affixing official token-based digital signatures. 4.15. Upon affixing of digital signatures by the Presiding Officer, the documents shall stand authenticated and shall form part of the official judicial record. 4.16. The procedure prescribed under Point No. 4.10 to 4.15 shall apply mutatis mutandis to all additional documents filed at any stage of the case or in case any application filed after disposal of the case. 4.17. Where any order is passed upon an interlocutory application or any document filed in continuation of an existing exhibit, such order or document shall be sub-numbered or itemised below the original exhibit for ease of identification. For example, an order passed below Exhibit-5 shall be marked as Exhibit-5/1 and shall not be assigned an independent exhibit number. 4.18. All orders, judgments, and depositions shall be directly generated in PDF format and digitally signed by the Presiding Officer through a designated portal. 4.19. Where a party or person possesses token-based digital signature or Aadhaar-based electronic signing facility, physical signing of documents such as complaint, further statement, interlocutory applications, or similar pleadings shall ordinarily be discouraged. 4.20. At the conclusion of proceedings on each date of hearing, the designated staff member shall accurately record the rojnama in the Case Information System under the Case Proceedings / Business block. The rojnama shall thereafter be placed for digital authentication by the Presiding Officer, and upon such digital signature being affixed, it shall form part of the official record. 4.21. Courts shall use only High Court/Government approved and secure video conferencing platforms equipped with end-to-end encryption to protect data and privacy. 4.22. Where any document or documents are filed by a party during the course of hearing of the matter, copies thereof shall be furnished to the opposite party forthwith, ordinarily in electronic mode, by the party filing such document. 4.23. Supply under sub-rule 4.22 may be effected by electronic mail, recognized electronic messaging service, or such other electronic mode as may be feasible; and where the opposite party is not in a position to receive documents in electronic form, supply may be effected in physical form as directed by the Court. 5. RECORDING PLEA AND SUPPLY OF COPIES 5.1. Accused shall remain present physically at the SARAS Court or at Remote Point Location or as directed by the Presiding Officer. 5.2. A physical copy of the signed plea document shall be recorded in the manner provided in para 3.5 of these Rules. 5.3. Without prejudice to the provisions governing authentication, copies of the complaint, documents, statements, and other papers required to be supplied to the accused under law shall ordinarily be furnished in electronic form, by any of the following modes, namely: 5.3.1. electronic mail; 5.3.2. recognised electronic messaging service; or 5.3.3. digital storage device (to be procured at the cost of the accused). 5.4. Where the accused does not possess the necessary facility to receive electronic copies, such copies in electronic mode mentioned at para 5.3 shall be furnished to— (a) a person duly nominated by the accused; or (b) the pleader appearing for the accused, and such supply shall be deemed to be valid compliance of the statutory requirement. 5.5. Only where the accused is unable to access or does not possess facility to receive copies of case papers in electronic mode, printed copies of such papers shall be supplied to the accused free of cost, in compliance with the statutory mandate, as may be directed by the Presiding Officer of the Court.169-6 GUJARAT GOVERNMENT GAZETTE EX., 24-03-2026 [ PART IV-C 6. RECORDING OF EVIDENCE AND FURTHER STATEMENT OF ACCUSED 6.1. The examination-in-chief of witnesses for the complainant shall ordinarily be tendered by way of affidavit through electronic filing. 6.2. The examination-in-chief of the accused, witness for the accused and Cross-examination of witnesses shall ordinarily be conducted by physical presence before the Court or at Formal Witness Deposition Centre (FWDC) notified by the High Court of Gujarat and published on the website of High Court of Gujarat or Remote Point Locations notified by the Government. 6.3. Recording of evidence through audio-video electronic means may be permitted, subject to judicial discretion, strictly in accordance with the ‘District Courts of the Gujarat State for the Use of Electronic Communication and Audio-Video Electronic Means Rules, 2025’, and other applicable directions of the High Court. Chapter III - Miscellaneous 7. MAINTENANCE AND DESTRUCTION OF ELECTRONIC RECORD 7.1. The maintenance, classification, retention, and destruction of electronic records maintained on the designated portal shall be governed by, and carried out in conformity with, Rules 361 to 367 of the Criminal Manual, insofar as the same are applicable to electronic records. 8. PREPARATION AND SIGNATURE OF ORDER SHEETS/MISC. ORDERS 8.1. Ld. Magistrates can dictate the Order Sheets to the Stenographers online during or after hearing. The typed Order Sheets shall be digitally signed by the Magistrates before uploading the same on CIS. 9. REMOTE ADJUDICATION SAFEGUARDS 9.1. Notwithstanding that the Presiding Judicial Officers may be stationed at remote locations, adjudication of cases in SARAS Court through audio-video electronic means shall be construed as the valid mode of adjudication, as mandated by the Government and High Court notifications. 10. CUSTODY UPON CONVICTION 10.1. Accused persons shall remain personally present at SARAS Court at the time of pronouncement of judgment or as and when directed by the Presiding Officer of the Court. 10.2. In all cases where a person is produced before the Court pursuant to execution of a warrant, or where a person is required to be committed to prison upon issuance of a conviction warrant, the issuance, execution, and compliance of such process shall be governed strictly by the procedure established by law. 11. CERTIFIED COPIES 11.1. Issuance of Certified Copy shall be governed by the provision of Chapter XXII of the Criminal Manual. 11.2. Certified copies shall ordinarily be generated from the digitally signed electronic record available on the designated portal, and such digitally signed electronic copies shall be treated as certified copies for all legal purposes. 11.3. When certified copies of digitally converted documents are issued, they shall contain a statement that the copy is generated from the digitally converted document filed in court. 11.4. The applicant shall specify in the application the medium through which certified copy or copies are sought, such as electronic mail, recognized electronic messaging service, or a digital storage device, provided that such device has not become obsolete. Certified copies shall be supplied to the applicant through the medium specified in the application. 11.5. Where the applicant seeks supply through a digital storage device, the expense of the storage device in which the certified copies are to be supplied shall be borne by the applicant in addition to the charges for the certified copies as mentioned below:PART IV-C ] GUJARAT GOVERNMENT GAZETTE EX., 24-03-2026 169-7 Particulars Price / Fee (in Rupees) For certified copies to be furnished Through email: through Electronic mode. A minimum of Rs. 50 for upto 25 MB as handling charges, and thereafter Rs.50 for each additional 25 MB. Through Electronic Device: Actual cost of Electronic Device + A minimum of Rs. 50 for upto 25 MB as handling charges, and thereafter Rs.50 for each additional 25 MB. 11.6. Where certified copies are supplied in electronic form, compliance with the requirements of the Criminal Manual shall be ensured through digital endorsements, digital signatures of the authorised staff member of the Court. 11.7. At the time of supplying certified copies in electronic form, the concerned ministerial staff shall make an endorsement on a separate page indicating— (a) the date on which the application was made; (b) the date on which the application was granted; and (c) the date on which the copy was ready for delivery; and such endorsement shall be digitally signed by the ministerial staff supplying the certified copies. 12. PAYMENT OF FINE AND COMPENSATION 12.1. Payment of fine, penalty or compensation may be accepted through the e-payment facility once enabled for the Court. 12.2. Until such enablement, payment may be accepted by cash or such other permissible mode of payment. 13. CUSTODY AND RETENTION OF PHYSICAL DOCUMENTS 13.1. Physical documents shall be preserved in the custody of the Superintendent / Board Clerk or as may be decided by the Presiding Officer of the Court. 13.2. Retention of originals shall be governed by Clause 10 of the Gujarat e-Filing SOP dated 06.01.2024. 14. TRANSMISSION OF RECORD IN APPEAL OR REVISION 14.1. Upon receipt of a direction from the Appellate Court or the Revisional Court, the record and proceedings (R&P) of the matter as available on the designated portal shall be transmitted in electronic form to the concerned Appellate Court. 14.2. The original record and hard copies of the electronically maintained case record shall be transmitted only in accordance with, and subject to, the directions issued by the Appellate Court or the Revisional Court. 15. RESIDUAL AND INHERENT POWERS 15.1. Nothing in these rules shall limit the inherent powers of the Court to secure the ends of justice. Digitally signed by GAURANG JITENDRAKUMAR SHAH at High Court of Gujarat, Ahmedabad on 23/03/2026 16:31:57 IST. ---------- Government Central Press, Gandhinagar.