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IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD
T.V. NALAWADE, K.K. SONAWANE, JJ.
Vaijinath - Appellant
Versus
State Of Maharashtra - Respondent
Criminal Appeal No. 549, 385 of 2019
Decided on : 10-07-2019
CCTV Footage - Electronic Evidence - Evidence Act Section 65B
Fact of the Case:
The court declined to grant relief in the Criminal Appeals and allowed the withdrawal of both appeals. The learned APP submitted that CCTV footage was collected by the police as circumstantial evidence. However, there were procedural irregularities in the collection and handling of the electronic evidence.
Finding of the Court:
The court held that there were misconceptions and irregularities in the collection and handling of electronic evidence by the investigating agency. It emphasized the necessity of following proper procedures under Section 65B of the Evidence Act for the seizure and preservation of electronic records.
Issues: Procedural irregularities in the collection and handling of electronic evidence, specifically CCTV footage.
Ratio Decidendi: The court emphasized the importance of following the procedures outlined in Section 65B of the Evidence Act for the seizure and preservation of electronic evidence, including the preparation of transcripts and obtaining certificates from competent authorities.
Final Decision: The court directed the investigating agency to strictly adhere to the procedures outlined in Section 65B of the Evidence Act for the seizure and handling of electronic evidence, particularly CCTV footage.
Certainly. Based on the provided legal document, here are the key points related to the procedures for handling electronic evidence, particularly CCTV footage, under the Evidence Act and relevant guidelines:
Proper adherence to the procedures outlined in Section 65B of the Evidence Act is essential for the seizure and preservation of electronic records such as CCTV footage. This includes obtaining a certificate from a competent authority and ensuring the electronic record is seized in the presence of panch witnesses (!) (!) .
When collecting electronic evidence, it is necessary to seize the original record, such as the hard disc or hard drive of the CCTV system, whenever possible. In cases where the original cannot be seized, copies should be made, and the chain of custody must be maintained through proper sealing and documentation (!) (!) .
The process of creating transcripts of electronic records should occur at the time of seizure, in the presence of panch witnesses, and must be properly documented through panchnama. This ensures the integrity of the evidence and facilitates court review (!) .
The evidence collection process must include preparing multiple copies of the electronic record, such as CDs or pen drives, with hash values to prevent tampering. The chain of custody for these copies must be carefully maintained and documented (!) .
The packing and storage of electronic evidence should prevent physical damage or tampering. Storage conditions should protect against environmental factors and magnetic influences, and expert assistance should be involved to ensure proper handling (!) .
When original records are not preserved, and only copies are available, it is crucial to obtain multiple copies and ensure the integrity of the data through hash verification. The court relies on the transcripts and certificates to establish the authenticity of electronic evidence (!) .
The court emphasizes that the seizure and handling of electronic evidence must follow strict procedural steps, including the preparation of panchnama, certificates under Section 65B, and maintaining a proper chain of custody. These steps are necessary for the evidence to be admissible and credible in court (!) .
The document also refers to detailed rules for the production, use, and recording of tape-recorded evidence in court proceedings. These rules specify that tapes should be sealed, verified, and kept in safe custody, and that transcripts should be produced alongside the tapes. The process includes verifying the correctness of the transcript and maintaining detailed records of the tape's handling (!) (!) (!) (!) .
In cases involving tape-recorded evidence, the court or authorized officer must verify the tapes, endorse verification on transcripts, and ensure the tapes are re-sealed if broken. The tapes should be played in the court's presence, and any application for hearing should be granted with care to preserve the evidence's integrity (!) (!) .
The rules also specify that when the evidence is not in English, official translations of transcripts must be provided. Discrepancies or doubts may lead to replays and corrections, with detailed records maintained for transparency (!) (!) .
Overall, the legal framework emphasizes the importance of following strict procedural safeguards to ensure the authenticity, integrity, and admissibility of electronic evidence, including CCTV footage and tape recordings, in court proceedings (!) (!) (!) (!) .
Please let me know if you need further clarification or assistance with specific aspects of this legal process.
JUDGMENT :
T.V. Nalawade, J.
After hearing for some time, when this Court expressed that this Court is not inclined to grant the relief, as claimed in the Criminal Appeals, the learned counsel for the appellants, on instructions, seeks leave to withdraw both the Criminal Appeals. Leave granted. Both Criminal Appeals stand disposed of as withdrawn. No order as to costs.
2. During the course of hearing, learned APP submitted that CCTV footage is collected by Police showing that the deceased was last seen in the company of appellants and that will be used as piece of circumstantial evidence. She submitted that pen drive containing CCTV footage was collected by Police during the course of investigation from Manager of the Hotel. She submitted that when pen drive was collected, the certificate of the Manager, who was controlling the CCTV system, was collected on 21-08-2018. She submitted that hard disc was not collected of the computer system controlling CCTV. She submitted that pen drive is sent to Expert for getting opinion regarding possibility of tampering etc. She also submitted that Investigating Agency shall collect the photographs of the persons captured by the CCTV camera through Expert. She showed to this Court the covering letter addressed to Director of Forensic Science, in which various requests are made as under :- (i) to compare the CCTV footage with articles like full shirt of accused Udhav Rakh with persons appearing in the CCTV footage. (ii) to compare the Jean pant taken by Police from the person appearing in the footage like Udhav Rakh, (iii) to compare the shirt taken by the Police from the person appearing in the footage like Vijay Hange. A similar request is made in respect of other clothes in relation to other persons. The photographs of accused persons are also sent to the Expert, which are taken from different angles. A request is made to the Expert to ascertain as to whether four wheeler appearing in the CCTV footage is having number, particular number, given in the requisition letter. One another request is made to give opinion as to whether the pen drive containing data was from the original electronic record of CCTV footage. The aforesaid requisition letter given by Officer of the rank of Sub-Divisional Officer, Shrirampur shows that there are many misconception in the mind of the Police Officers. First, the contents of the original electronic record, hard disc of CCTV system, which could have been easily seized, was not done. The investigating agency will now be acting on the basis of pen drive in which some video recoding is down loaded and only after opinion as sought is received.
3. Whenever any electronic record of like nature is to be taken over, it is necessary for Police Officer to take the record under Section 65B of Evidence Act and seize it in presence of panch witnesses. The record like transcript of such record needs to be prepared by the Police Officer in presence of panch witnesses at the same time [1](See para 24 of the Chapter VI of Criminal Manual). If subsequently, Police Officer wants to prepare transcript, then the same panch witnesses need to be used and in their presence material can be opened and transcript of the footage can be made. Invariably, such transcript needs to be prepared on the first occasion when material is to be seized by the Police. Such material is always necessary as the Court wants to go through the contents of CCTV footage, even at the time of consideration of bail application.
4. As for as possible hard disc or hard drive need to be collected by the Investigating Agency. The CCTV system is prepared only for one purpose and cost of hard disc or hard drive is not on higher side so it can be collected, seized by the Police. As CCTV footage stored directly on hard drive of computer is self-generated without human intervention there is no necessity to get certificate under Section 65B of the Evidence Act. However, it is always desirable to obtain at least three copies
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