Under which circumstances the court can release accused on bail relying on metadata of photo submitted by him by taking the plea of alibi?

 It is the submission of learned counsel for the applicant that applicant is suffering in confinement on false pretext. Counsel for the applicant referred the letter dated 28.02.2020 written by Station House Officer, Police Station Nai Saraye, District Ashoknagar addressed to Trial Court and report of Cyber Forensic Lab, Bhopal containing digital forensic examination report dated 12.12.2019 and subsequent report filed by the Cyber Forensic Lab, Bhopal indicates that photograph submitted by the applicant was in support of his innocence on the basis of plea of alibi. From perusal of Metadata of photograph, it is prima facie clear that the present applicant was present at Bakaspur Village Khajuri, Tahsil Badarwas, District Ashoknagar on 02.04.2019 at about 1.34 pm and time of incident is around 1.30 pm - 2.00 pm on the same day at Village Ranga, Tahsil Nai Saraye, District Ashoknagar. The distance of place of incident is around 60 kms.- 70 kms. from the place where applicant was present at 1.34 pm. Such distance can only be covered by the applicant in not less than one hour at least. Therefore, Metadata of photo and report indicate that he was present at that time at a place 60 kms.-70 kms. away from the place of incident and no tampering has been made in photograph.

According to applicant, benefit of doubt so far as grant of bail is concerned be given to him because it is the case of over implication. Applicant has been arrayed as accused on false pretext. He does not bear any criminal record. Confinement amounts to pretrial detention. 

This is the case mainly in respect of digital forensic evidence and Metadata of any photograph is a big tool in the hands of forensic experts to reach to the truth about the exact nature of incident. Trial Courts are expected to scrutinize the said scientific tool with care and deep study so that forensic examination of evidence can be done to its higher standards. Metadata can be very useful especially in cases where plea of alibi is taken by the parties or accused in particular. Photo, Metadata details and report of Digital Forensic Expert should carry due certification as per Evidence Act and other relevant provisions.

Madhya Pradesh High Court

Surendra vs The State Of Madhya Pradesh on 16 June, 2020.

M Cr. C No. 15796/2020

Author: Anand Pathak

Bench: Anand Pathak

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Importance of metadata in appreciation of evidence

With proper forensic analysis, metadata can help highlight patterns, establish timelines, and point to gaps in the data.

When it comes to metadata as part of a litigation strategy, we mostly see it used as supporting information about the data. It is unusual, but not unheard of, to see metadata used directly as evidence. When the data is black and white, you don’t need to depend on metadata to make your case.

That is likely to change as more people understand the role metadata can have in developing legal strategy. With proper forensic analysis, metadata can help highlight patterns, establish timelines, and point to gaps in the data. Most importantly, metadata can connect data to a particular user, opening the door to proving knowledge and intent.

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How to clear metadata from Electronic document sent to your client or your opponent?

Most lawyers have probably heard the word “metadata” and, at minimum, know that it has something to do with their documents. But it’s vital that every law office, staff included, is aware of the risks posed by metadata, and what steps can reduce the dangers.

A popular, if slightly ambiguous definition of metadata is “data about data.” In fact, metadata is the hidden information that can be found embedded in electronic files. It may include transactional details about the document, such as author, software used, the date it was written and even edits made along the way. It occurs in many different forms and in a vast number of locations. In a Word document, for example, metadata can include tracked changes, comments, text smaller than 5 points, white text on any background and previous authors. The most potentially damaging of these can be the tracked changes or comments made in earlier versions.

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What is metadata?

What is Metadata?

Introduction to Metadata

What is metadata?
The term Metadata is defined as " data about data". It describes the content, quality, condition, and other characteristics about data written in a standard FGDC format. Metadata helps a person to locate and understand data.
Metadata provides data history. It describes the Who, What, Where, Why and How of the data.

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What is importance of metadata in legal drafting?

I use Microsoft Word, Outlook, Excel and many other office programs. Do you use the same? What many of us do not know is that in each email and office file we create, we are also creating a hidden trail of data about our documents. These programs automatically save information such as who worked on the document, when and for how long was the document open, who printed the document, when was it printed and from what work station. 

In addition to personally identifying information, is private comments used for intra office use as well as a trail of all content that was deleted from a document. For those of us who are in the know, it is not difficult at all to retrieve some if not all of this information from every document that is sent to us. The question clearly beckons, should lawyers review metadata in documents? Is reviewing this data ethical, when the author of such data likely had no idea they were creating it.

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