Scribd Logo
Upload

Welcome to Scribd!

  • 13 views

    Moot Admissibility of Evidence

    Uploaded by

    Uriah
    The document discusses the admissibility of electronic evidence in court cases. It states that the requirement to produce a certificate under Section 65B(4) of the Evidence Act is procedural and can be relaxed by the court if necessary in the interests of justice. For example, if a party did not control the device that produced the electronic evidence, then requiring them to produce a certificate would be unfair and deny them the ability to submit authentic evidence. The document also discusses how new technologies like video recordings can help investigations and the collection of evidence if their accuracy can be proven.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd

    Moot Admissibility of Evidence

    Uploaded by

    Uriah
    13 views2 pages
    The document discusses the admissibility of electronic evidence in court cases. It states that the requirement to produce a certificate under Section 65B(4) of the Evidence Act is procedural and can be relaxed by the court if necessary in the interests of justice. For example, if a party did not control the device that produced the electronic evidence, then requiring them to produce a certificate would be unfair and deny them the ability to submit authentic evidence. The document also discusses how new technologies like video recordings can help investigations and the collection of evidence if their accuracy can be proven.

    Original Title

    Muut

    Copyright

    © © All Rights Reserved

    Available Formats

    DOCX, PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    The document discusses the admissibility of electronic evidence in court cases. It states that the requirement to produce a certificate under Section 65B(4) of the Evidence Act is procedural and can be relaxed by the court if necessary in the interests of justice. For example, if a party did not control the device that produced the electronic evidence, then requiring them to produce a certificate would be unfair and deny them the ability to submit authentic evidence. The document also discusses how new technologies like video recordings can help investigations and the collection of evidence if their accuracy can be proven.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    13 views2 pages

    Moot Admissibility of Evidence

    Uploaded by

    Uriah
    The document discusses the admissibility of electronic evidence in court cases. It states that the requirement to produce a certificate under Section 65B(4) of the Evidence Act is procedural and can be relaxed by the court if necessary in the interests of justice. For example, if a party did not control the device that produced the electronic evidence, then requiring them to produce a certificate would be unfair and deny them the ability to submit authentic evidence. The document also discusses how new technologies like video recordings can help investigations and the collection of evidence if their accuracy can be proven.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 2

    MOOT

    ADMISSIBILITY OF EVIDENCE
    The applicability of procedural requirement under Section 65B(4) of the Evidence Act
    of furnishing certificate is to be applied only when such electronic evidence is produced
    by a person who is in a position to produce such certificate being in control of the said
    device and not of the opposite party. In a case where electronic evidence is produced by a
    party who was not in possession of a device, applicability of Sections 63 and 65 of the
    Evidence Act could not be held to be excluded. In such case, procedure under the said
    Sections can certainly be invoked. If this was not so permitted, it will be denial of justice to
    the person who was in possession of authentic evidence/witness but on account of manner of
    proving, such document is kept out of consideration by the court in absence of certificate
    under Section 65B(4) of the Evidence Act, which party producing could not possibly secure.
    Thus, requirement of certificate Under Section 65B(4) is not always mandatory. Such party
    could not be required to produce certificate under Section 65B(4) of the Evidence Act. The
    applicability of requirement of certificate being procedural could be relaxed by the Court
    wherever interest of justice so justifies

    In Order dated 25th April, 2017 statement of Mr. A.N.S. Nadkarni, learned Additional
    Solicitor General is recorded to the effect that videography will help the investigation and
    was being successfully used in other countries. He referred to the perceived benefits of
    "Body-Worn Cameras" in the United States of America and the United Kingdom.
    Body-worn cameras act as deterrent against anti-social behaviour and is also a tool to collect
    the evidence. It was submitted that new technological device for collection of evidence are
    order of the day. He also referred to the Field Officers' Handbook by the Narcotics
    Control Bureau, Ministry of Home Affairs, Government of India. Reference was also
    made to Section 54-A of the Code of Criminal Procedure providing for videography of
    the identification process and proviso to Section 164(1) Code of Criminal Procedure
    providing for audio video recording of confession or statement under the said provision.

    it will be wrong to deny to the law of evidence advantages to be gained by new techniques
    and new devices, provided the accuracy of the recording can be proved

    The term "electronic record" is defined in Section 2(t) of the Information Technology Act,
    2000 as follows:

    Electronic record" means data, record or data generated, image or sound stored, received or
    sent in an electronic form or micro film or computer generated micro fiche.

    \13. Expression "data" is defined in Section 2(o) of the Information Technology Act as
    follows.

    Data" means a representation of information, knowledge, facts, concepts or instructions


    which are being prepared or have been prepared in a formalised manner, and is intended to be
    processed, is being processed or has been processed in a computer system or computer
    network, and may be in any form (including computer printouts magnetic or optical storage
    media, punched cards, punched tapes) or stored internally in the memory of the computer.

    Scientific and electronic evidence can be a great help to an investigating agency1

    Shafhi Mohammad vs. The State of Himachal Pradesh (30.01.2018 - SC) :


    MANU/SC/0058/2018

    Learned Counsel contended that non-production of CCTV footage being an


    important piece of evidence casts a serious doubt in the prosecution case and
    non-production of such best possible evidence is fatal to the prosecution
    case. It was further submitted that the courts below ought to have noticed the
    faulty investigation and non-collection of CCTV footage, sim details and lapses
    in the investigation.

    Tomaso Bruno vs. State of U.P. (20.01.2015 - SC) : MANU/SC/0057/2015

    1
    Tomaso Bruno and Anr. v. State of Uttar Pradesh

    You might also like