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2018 Supreme(SC) 321

ADARSH KUMAR GOEL, ROHINTON FALI NARIMAN
Shafhi Mohammad – Appellant
Versus
State of Himachal Pradesh – Respondent


Advocates Appeared:
For the Petitioner:- Dr. Arun Mohan, Sr.Adv.(AC), Rituj Chopra, Jayant Bhushan, Sr.Adv.(AC), Ketann Paul, Tushar Bhushan, Ms. E. R. Sumathy, Bharat Bhushan, Ms. Jaspreet Gogia, Ms. Manjakini Singh, Advocates.
For the Respondent:- ANS Nadkarni, ASG, Y.P. Adhyaru, Sr. Adv., Ms. Shirin Khajuria, Ms. Asha Gopalan Nair, Zoheb Hussain, Ms. Rukhmini S. Bobde, Salvador S. Rebello, Ms. Nivedita Nair, Ms. Sneha Prabhu Tendulkar, Amogh Prabhu, B.V. Balram Das, Vikas Mahajan, Vinod Sharma, Shyam Sundar Rai, Ms. Jaspreet Gogia, Ms. Manjakini Singh, Bharat Bhushan, Ms. Anuradha Mutatkar, Abhinav Mukerji, AAG, Mrs. Bihu Sharma, Ms. Purnima Krishna, Advocates.

Judgement Key Points

Key Points: - Videography of crime scene is valuable and should be adopted with safeguards and admissibility considerations. (!) (!) - The Court approves a Centrally Driven Plan of Action with phased implementation, milestones, and oversight by a Central Oversight Body (COB). (!) (!) - Phase I–V outlines specific timelines, pilot districts, training, and financing for videography implementation across states and central agencies. (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) - Admissibility of electronic evidence can be relaxed regarding certificate requirements under Section 65B(4) where justice requires, with safeguards on authenticity. (!) - Reference to earlier decisions endorsing use of new techniques (videography, electronic evidence) with safeguards; need for certification and authenticity. (!) - The Committee of Experts and MHA proposed SOPs, training, capacity building, forensic facilities, and funding mechanisms. (!) (!) (!) - Oversight mechanisms include independent reporting, CCTV usage, and periodic reviews by an independent committee. (!)

What is the admissibility and evidentiary framework for videography and electronic evidence in police investigations under the Evidence Act and Cr.P.C.?

How to implement a Centrally Driven Plan of Action for videography in investigation in phased stages with oversight and funding?

What are the mandated institutional mechanisms (COB, Nodal Officers, expert group) and timelines for introducing crime scene videography in India?


ORDER

SLP(Crl.)No.2302 of 2017

Use of videography of the scene of crime is the subject matter of consideration herein. We may note the proceedings in the case on earlier hearings. In order dated 25th April, 2017, it was observed:

"Mr. A.N.S. Nadkarni, Additional Solicitor General, has accordingly put in appearance and made his submissions. He has also submitted a note to the effect that such videograph will indeed help the investigation and such concept is being used in some other advanced countries. The National Institute of Justice which is an agency of U.S. Department of Justice in its report has noted the perceived benefits for using the "Body-Worn Cameras" and also the precautions needed in doing so. The British Transport Police has also found body worn cameras as deterrent against anti-social behaviour and tool to collect evidence. He also referred to judgment of this Court in Karnail Singh v. State of Haryana, (2009) 8 SCC 539 wherein reference to use of technology during search and seizure under Narcotic Drugs and Psychotropic Substances Act, 1985 has been made. Reference has also been made to Information Technology Act (Amendment) 2006, particularly, Section 79A. In (1976) 2































































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