Important Supreme Court Judgments on electronic evidence

 

1) Supreme Court: Not Required To Play Video Evidence Before Witness Or Transcribe Its Contents For Admissibility

IN THE SUPREME COURT OF INDIA

Criminal Appeal No. 4041 of 2025 (Arising out of SLP (Criminal) No. 4646 of 2025)

Decided On: 15.09.2025

Kailas Vs. The State of Maharashtra

Hon'ble Judges/Coram:

Manoj Misra and Ujjal Bhuyan, JJ.

Author: Manoj Misra, J.

Citation: 2025 INSC 1117,MANU/SC/1283/2025

https://www.lawweb.in/2025/09/supreme-court-not-required-to-play.html

2) Supreme Court: Prosecution should give cloned copy of contents of memory card/pen drive to accused

44. In conclusion, we hold that the contents of the memory card/pen drive being electronic record must be regarded as a document. If the prosecution is relying on the same, ordinarily, the accused must be given a cloned copy thereof to enable him/her to present an effective defence during the trial. However, in cases involving issues such as of privacy of the complainant/witness or his/her identity, the Court may be justified in providing only inspection thereof to the accused and his/her lawyer or expert for presenting effective defence during the trial. The court may issue suitable directions to balance the

interests of both sides.

REPORTABLE

IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO.1794 OF 2019

P. Gopalkrishnan @ Dileep Vs State of Kerala 

A.M. Khanwilkar, J.

Dated: November 29, 2019.
Citation: AIR 2020 SC 1,2019 SCC OnLine SC 1532. 

https://www.lawweb.in/2019/11/supreme-court-prosecution-should-give.html

3) The Supreme Court's Definitive Ruling on Video Evidence Admissibility: Kailash vs. State of Maharashtra Sets New Standards for Digital Evidence in Criminal Trial

Electronic Records as Documents Under Section 65B

The Court held that "a CD is an electronic record and once the requirement of Section 65B is fulfilled it becomes an admissible piece of evidence, like a document, and the video recorded therein is akin to contents of a document which can be seen and heard to enable the Court to draw appropriate inference(s)". This declaration establishes video evidence as documentary evidence rather than requiring testimonial interpretation.

https://www.lawweb.in/2025/09/the-supreme-courts-definitive-ruling-on.html

4) Secretly Recorded Spousal Conversations in Matrimonial Proceedings: Supreme Court’s Landmark Judgment Balances Privacy and Fair Trial Rights

 IN THE SUPREME COURT OF INDIA

Civil Appeal No. 9489 of 2025 

Decided On: 14.07.2025

Vibhor Garg Vs. Neha

Hon'ble Judges/Coram:

B.V. Nagarathna and S.C. Sharma, JJ.

Author: B.V. Nagarathna, J.

Citation:  MANU/SC/0902/2025,2025 INSC 829

https://www.lawweb.in/2025/08/supreme-court-spying-in-matrimony-when.html

4) J & K HC: CDRs Without Voice Evidence Insufficient To Connect Co-Accused in NDPS Case

HIGH COURT OF JAMMU & KASHMIR AND LADAKH

AT JAMMU

Case No. Bail App No. 21/2025

Sareed Ahmed Ganie  Vs UOI and anr.

Coram: HON’BLE MR. JUSTICE SANJAY DHAR, 

Pronounced on: 18.10.2025.

https://www.lawweb.in/2025/11/j-k-hc-cdrs-without-voice-evidence.html

5) How to prove call details record(CDR) in court as per Indian law?

Thus in general the nodal officer from such telecom company  has an access to the  data of server with unique id. He would take printouts and provide in 13 column CDR form to investigating adency. He can enclose his 65B/4 certificate with print of CDR. He can be called into the court to prove the certificate and to state that he has retrieved  CDR  as per above procedure. This evidence with SDR[ subscriber details report ]will link the incriminating cell numbers of communicators with call details in CDR to prove incriminating contacts. Also the presence of communicators at certain relevant places can  be proved by tower locations found in CDR as per the tower ids.

https://www.lawweb.in/2024/06/how-to-prove-call-details-recordcdr-in.html

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