ADARSH KUMAR GOEL, UDAY UMESH LALIT
Shafhi Mohammad – Appellant
Versus
State of Himachal Pradesh – Respondent
Certainly. Based on the provided legal document, the key points are as follows:
Electronic evidence is admissible in court proceedings, provided it meets certain criteria for authenticity and relevance (!) (!) (!) .
The statutory requirement of producing a certificate under Section 65B(4) of the Evidence Act is not always mandatory, especially when the electronic evidence is produced by a person who is not in control of the device from which the evidence originates (!) (!) (!) .
The procedural provisions under Sections 65A and 65B of the Evidence Act serve as clarifications and are not a complete code; they facilitate the admissibility of electronic evidence but do not override the general principles of evidence law (!) (!) .
The term "electronic record" encompasses data, records, images, or sounds stored or transmitted electronically, and "data" refers to information prepared or processed in a formalized manner within a computer system (!) (!) .
When electronic evidence is produced by a party in control of the device, a certificate under Section 65B(4) is generally required to establish its authenticity. However, if the evidence is produced by a party not in possession of the device, the requirement of such a certificate can be relaxed to serve the interests of justice (!) (!) .
The Court emphasizes that safeguards such as verifying the accuracy of recordings, ruling out tampering, and establishing the identity of speakers or sources are crucial for assessing the reliability of electronic evidence (!) .
The Court advocates for the use of technology such as digital cameras and secured data storage portals to enhance the integrity of evidence collection, with the aim of improving investigation procedures (!) .
The Court recognizes the importance of establishing standard operating procedures (SOP) and guidelines for the use of videography and other electronic evidence collection methods to ensure their admissibility and reliability (!) .
The Court underscores that the admissibility of electronic evidence depends on its authenticity, relevance, and the safeguards adopted to prevent tampering, rather than solely on procedural formalities (!) (!) .
The Court has adjourned further proceedings to a future date to finalize guidelines and procedures for the use of videography and electronic evidence in investigations (!) .
Please let me know if you need a more detailed analysis or specific legal advice related to this document.
ORDER :
SLP (Crl.) No. 2302 of 2017 :
1. One of the questions which arose in the course of consideration of the matter was whether videography of the scene of crime or scene of recovery during investigation should be necessary to inspire confidence in the evidence collected.
2. 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 Cr.P.C. providing for videography of the identification process and proviso to Section 164(1) Cr.P.C. providing for audio video recording of confession or statement under the said provision.
3. Thereaf
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