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Showing posts with label admissibility electronic record. Show all posts
Showing posts with label admissibility electronic record. Show all posts
Friday, 31 January 2025

Supreme Court: Last seen theory based on CCTV footage- Prosecution failed to produce Certificate under S 65-B(4) in its support-CCTV Footage is not admissible in evidence

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 In this case, learned Counsel Mr. Shri Singh contends that even though there was no objection when PW-1 marked the exhibits; question was p...

Supreme Court: Under which circumstances the CCTV footage will not tantamount to "last seen together evidence"?

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According to the learned Counsel, the CCTV footage will not tantamount to "last seen together evidence" as identification of the A...
Friday, 1 November 2024

Madras high court directs MEITY to expeditiously notify experts as per S 79A of Information technology Act for authenticating electronic evidence

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  Section 63 of BSA, 2023 deals with the  admissibility of electronic records. Sub-section (4) of the said provision is as  follows : “(4)In...
Tuesday, 14 July 2020

Landmark Supreme Court Judgment : Certificate required under Section 65B(4) is a condition precedent to the admissibility of Electronic evidence

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The reference is thus answered by stating that: (a) Anvar P.V. (supra), as clarified by us hereinabove, is the law declared by this ...
Tuesday, 16 June 2020

Delhi HC: The court should not insist for production of original documents if documents are undisputed

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The filing of original documents is a requirement under law for a particular reason i.e., the originals constitute primary evidence and co...
Friday, 29 May 2020

When court can rely on Electronic evidence tendered in the form of hard disk,CD and DVD without certificate under S 65B of Evidence Act?

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Ourselves witnessing CCTV footages from the Hard Disk, CD and DVD: 114. The Hard Disk at Exhibit 1 contained in the DVR is available o...
Monday, 21 October 2019

Whether it is necessary to provide digital copy of CCTV Footage to accused as per S 207 of CRPC?

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  In other words, any electronic record, which is printed, stored, recorded or copies made on to an optical or magnetic media and produced ...
Monday, 3 September 2018

Landmark judgments of Supreme court on electronic evidence

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Landmark Supreme Court Judgment : Certificate required under Section 65B(4) is a condition precedent to the admissibility of Electronic e...
Friday, 21 July 2017

Whether court should rely on electronic evidence adduced without certificate as per S 65B of Evidence Act?

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 The interpretation of Section 65B(4) by this Court by a judgment dated 04.08.2005 in Navjot Sandhu held the field till it was ove...
Sunday, 26 March 2017

Whether call details can be held admissible in evidence without certificate as per S 65B of Evidence Act?

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Qua the admissibility of the call details, it is a matter of record that though PWs 24, 25, 26 and 27 have endeavoured to prove on the...
Friday, 2 December 2016

Whether it is necessary to prove certificate as per S 65B of evidence Act to prove Tape recorded evidence?

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The Supreme Court in Anvar P.V.(supra) has settled the law with respect to the admissibility of evidence under Section 65B of the India...
Sunday, 4 September 2016

Under which circumstances malfunctioning of computer will not affect admissibility and relevancy of electronic evidence?

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 In DPP v. Me. Kewon,  (1997) 1 Criminal Appeal 155 , Lord Hoffman, applying Section  69  of the Police and Criminal Evidence Act, 1984...
Saturday, 27 February 2016

Procedure to be followed by Magistrate when CCTV footage and video recordings is produced by police at the time of filing of chargesheet

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During the hearing of the case, we noticed that the trial Court had not played the DVR (MO-2) and seen the CCTV footages in the presenc...
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Tuesday, 24 November 2015

Whether application to play compact disc is tenable during defence evidence in criminal case?

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 We are not inclined to go into the truthfulness of the conversation sought to be proved by the defence but, in the facts and circums...

Whether compact disc is a document as per evidence Act?

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 In view of the definition of ‘document’ in Evidence Act, and the law laid down by this Court, as discussed above, we hold that the com...
Sunday, 22 March 2015

Whether criteria laid down in case of Anvar P.V.-v- P.K. Basheer is to be fulfilled at the time of hearing on bail application?

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The learned counsel for the petitioner has not disputed that the specimen voice of the petitioner was taken for comparison by the CBI. It...

How to prove Email Evidence?

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 The section covers those cases where an electronic record is generated from a computer which is used regularly in the normal course of b...