Searching Case Laws & Precedent on Legal Query.....!
Analysing the retrieved Case Laws
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Searching Case Laws & Precedent on Legal Query.....!
Analysing the retrieved Case Laws
Scanned Judgements…!
A mismatch or change in hash value does not automatically imply criminal activity but warrants investigation into potential tampering or data manipulation ["XXXX VS State Of Kerala - 2023 0 Supreme(Ker) 888"], ["Parvati Kumari VS State Of U. P. Thru. Prin Secy Home - Allahabad"], ["Abhijit Ankush Shelke | Ankish Nana Shelke | Sau Bebi @ Nalini Ankush Shelke vs Sau.Shubhangi Abhijit Shelke | Shaurya @ Shambhu Abhijit Shelke - Bombay"].
Hash Value of Recording Not Taken Effect - Main points and insights:
The failure to generate or record hash values can be considered a procedural lacuna, potentially affecting the credibility of the evidence ["SAYYAD SHAKIL SAYYAD SALAM vs THE STATE OF MAHARASHTRA THR. ANTI CORRUPTION BUREAU - Bombay"], ["K.NARASHIMMAN vs STATE REP BY ITS - Madras"].
Analysis and Conclusion:
References:- ["UMESH S/O. VITTAL PATIL Vs STATE OF KARNATAKA, - Karnataka"]- ["Umesh VS State of Karnataka - Karnataka"]- ["XXXX VS State Of Kerala - 2023 0 Supreme(Ker) 888"]- ["Uniloc USA Inc. vs Microsoft Corp. - Federal Circuit"]- ["MCNROE CONSUMER PRODUCT PVT. LTD. Vs. IDAM NATURAL WELLNESS PVT. LTD. & ANR. - Delhi"]- ["Abhijit Ankush Shelke VS Sau. Shubhangi Abhijit Shelke - Crimes"]- ["Abhijit Ankush Shelke | Ankish Nana Shelke | Sau Bebi @ Nalini Ankush Shelke vs Sau.Shubhangi Abhijit Shelke | Shaurya @ Shambhu Abhijit Shelke - Bombay"]- ["United States vs Henry Reddick - Fifth Circuit"]- ["Debashis Nandy VS Union Of India - Calcutta"]- ["United States vs Augustin Arce - Fourth Circuit"]- ["Nirmal Seraphin vs The State Of Madhya Pradesh - Madhya Pradesh"]- ["D.KALPANA CHAWLA vs THE DIRECTOR - Madras"]- ["VIDYADHAR vs THE CENTRAL BUREAU OF INVESTIGATION - Supreme Court"]- ["SAYYAD SHAKIL SAYYAD SALAM vs THE STATE OF MAHARASHTRA THR. ANTI CORRUPTION BUREAU - Bombay"]
In today's digital age, electronic evidence like recordings on memory cards plays a pivotal role in legal proceedings, from criminal investigations to civil disputes. But what happens when the unique identification number of a memory card or the hash value of a recording isn't properly recorded or verified? This oversight can dramatically weaken—or even invalidate—the evidence. Courts increasingly scrutinize digital proof for authenticity, treating hash values as the electronic fingerprint essential for proving no tampering occurred. XXXX VS State Of Kerala - 2023 0 Supreme(Ker) 888
If you're an investigator, lawyer, or legal professional wondering about the legal effect of such lapses, this post breaks it down. We'll explore core principles, real case insights, procedural must-dos, and practical recommendations, drawing from key judicial documents. Note: This is general information based on legal precedents and not specific legal advice. Consult a qualified attorney for your situation.
Hash values, such as MD5 or SHA-256 checksums, generate a unique digital signature for files or devices like memory cards. They verify that data remains unaltered from seizure to court presentation. Without this, evidence faces serious credibility challenges.
The legal documents establish that the unique identification number (hash value) of electronic evidence, such as memory cards and recordings, is crucial for verifying integrity and authenticity. The absence or failure to record or verify the hash value undermines the evidentiary value, potentially rendering it inadmissible or suspect. Specifically, the hash value functions as an electronic fingerprint, ensuring no tampering, and its proper recording and verification are typically mandatory. XXXX VS State Of Kerala - 2023 0 Supreme(Ker) 888
Key Points:- The hash value acts as an electronic fingerprint verifying digital evidence integrity. XXXX VS State Of Kerala - 2023 0 Supreme(Ker) 888- Absence of recorded hash values or unique IDs compromises authenticity. XXXX VS State Of Kerala - 2023 0 Supreme(Ker) 888- Proper procedures, including recording at seizure and later verification, are essential. XXXX VS State Of Kerala - 2023 0 Supreme(Ker) 888
Courts consistently stress that hash values ensure digital evidence hasn't been altered post-seizure. For instance, one case notes: There is a change in the memory card's hash value, which shows that the memory card was illegally accessed on 09.01.2018, 13.12.2018 and 19.07.2021.XXXX VS State Of Kerala - 2023 0 Supreme(Ker) 888 This highlights the need to record the hash at seizure; without it, chain of custody weakens.
In trap cases involving memory cards, guidelines recommend creating a digital evidence form with unique features and preferring cryptographic hash analysis using tools like Hasher, Hash Generator, or SHA-256 generators. UMESH S/O. VITTAL PATIL Vs STATE OF KARNATAKA,
Failure to document hash values raises tampering doubts. A forensic report revealed: The report of FSL dated 11.07.2022 shows that the hash value was found to have changed.XXXX VS State Of Kerala - 2023 0 Supreme(Ker) 888 Without an original baseline, proving alteration—or lack thereof—becomes impossible. Similarly, absent linkages between storage media and hash values casts integrity doubts. Ram Kishan Fauji VS State of Haryana - 2015 0 Supreme(P&H) 497
In voice recording analyses, defects like gaps or distortions (potentially from faulty recording) further complicate matters if not addressed with hash verification. Witnesses admitted omitting key test details, underscoring procedural rigor's need. Kailas Ramdas Sangle vs State of Maharashtra - 2025 Supreme(Bom) 897Kailas Ramdas Sangle vs State of Maharashtra - 2025 Supreme(Bom) 625
Standard protocol demands recording the hash (digital fingerprint) at seizure and verifying it later. Documents state: Material evidence would have been collected from the electronic device or computer device provided the hash value information or checksum information was provided...XXXXX, Mrs. X VS State of Kerala, Rep. by The Public Prosecutor, High Court of Kerala, Ernakulam - 2022 0 Supreme(Ker) 650 Without this, credibility suffers, and evidence may be deemed suspect or inadmissible. XXXX VS State Of Kerala - 2023 0 Supreme(Ker) 888XXXXX, Mrs. X VS State of Kerala, Rep. by The Public Prosecutor, High Court of Kerala, Ernakulam - 2022 0 Supreme(Ker) 650
Electronic evidence requires scientific verification, including hash checks, for reliability. P. Gopalkrishnan @ Dileep VS State of Kerala - 2020 1 Supreme 82
Omitting hash values directly impacts weight and admissibility. Courts view it as a safeguard against tampering; its absence diminishes value. P. Gopalkrishnan @ Dileep VS State of Kerala - 2020 1 Supreme 82
While lapses may sometimes be overlooked with strong corroboration, the core requirement persists. In corruption cases under the Prevention of Corruption Act, prosecutions falter without proving elements beyond doubt—much like digital evidence needs hash-proof integrity. Mere recovery (e.g., notes or files) isn't enough without demand or authenticity proof. Kailas Ramdas Sangle vs State of Maharashtra - 2025 Supreme(Bom) 897Kailas Ramdas Sangle vs State of Maharashtra - 2025 Supreme(Bom) 625Kailas Ramdas Sangle vs State of Maharashtra - 2025 Supreme(Bom) 657
Public interest litigations also demand full disclosure; suppression mirrors hash omissions by eroding trust. V. Ravi Prakash, President, RTV vs Mumbai Metropolitan Region Development Authority - 2025 Supreme(Bom) 503
To avoid pitfalls:- Investigators: Record hash values (unique IDs) of memory cards at seizure using free tools like SHA-256 generators. UMESH S/O. VITTAL PATIL Vs STATE OF KARNATAKA,- Follow chain of custody: Document and verify hashes at every access.- Courts/Lawyers: Scrutinize hash presence before admitting digital evidence.- Forensic Experts: Note all analysis details, addressing distortions or changes.- General Best Practice: Treat hash verification as non-negotiable for recordings or devices.
The unique identification number of a memory card and hash value of recordings must take effect—meaning proper recording and verification—or risk evidentiary failure. Cases like those in XXXX VS State Of Kerala - 2023 0 Supreme(Ker) 888 and P. Gopalkrishnan @ Dileep VS State of Kerala - 2020 1 Supreme 82 reinforce that digital evidence demands scientific rigor.
By prioritizing hash protocols, legal professionals safeguard justice in an era of ubiquitous digital proof. Stay proactive: implement these steps to bolster cases. For tailored guidance, reach out to legal experts.
References:1. XXXX VS State Of Kerala - 2023 0 Supreme(Ker) 888 – Hash changes indicate illegal access; stresses recording for integrity.2. P. Gopalkrishnan @ Dileep VS State of Kerala - 2020 1 Supreme 82 – Necessity of hash verification for electronic evidence.3. Ram Kishan Fauji VS State of Haryana - 2015 0 Supreme(P&H) 497 – Absence of hash linkages raises doubts.4. XXXXX, Mrs. X VS State of Kerala, Rep. by The Public Prosecutor, High Court of Kerala, Ernakulam - 2022 0 Supreme(Ker) 650 – Checksum info essential for material evidence.5. UMESH S/O. VITTAL PATIL Vs STATE OF KARNATAKA, – Hash methods for memory cards in traps.
#DigitalEvidence, #HashValueLaw, #ForensicIntegrity
• Digital evidence form be created for every memory card/chip used in the trap case containing the unique identification features of the memory chip/card used. ... Instead cryptographic analysis by hash value method be preferred. ... value must be generated by using any of the freeware such as: Hasher or Hash generator or Hash calculator or SHA 256 Hash generator etc. ... In this regard Hash#HL_EN....
Digital evidence form be created for every memory card/chip used in the trap case containing the unique identification features of the memory chip/card used. The defence should be provided with a cloned copy or a mirror image of the electronic device. ... A mahazar should be drawn indicating hash value of the electronic device after opening and matched with the hash value calculated at the time of sealing. ... Any of these manipulations could change....
On 10.01.2020, the Joint Director of the State Forensic Science Laboratory, Thiruvananthapuram, called the Investigating Officer and informed him that the hash value of the memory card had changed. A report to that effect was prepared and sent to the Court on 29.01.2020. ... There is a change in the memory card's hash value, which shows that the memory card was illegally accessed on 09.01.2018, 13.12.2018 and 19.07.2021. The report of FSL dated 11.07.2022 shows that t....
Sixth, the resulting number is then modulo-added to initial value B, which final number becomes the new value B'. Initial value C becomes new value D', D becomes A', and A becomes B'. ... [2] For demonstration purposes, we use an 8-bit number, though the MD5 algorithm uses a 32-bit number. Four of the characters are italicized to demonstrate the effect of the circular shifter. ... "Licensee Unique ID Generatin....
The memorandum disclosing the hash value shall be separately kept by the Registry on the file. ... Thus, the Registry may receive electronic record on CD-ROM so long as it is encrypted with a hash value or in any other non-editable format. ... Along with the replication(s), if any, filed by the Plaintiff, affidavit(s) of admission/denial of documents of the Defendants, be filed by the Plaintiff, without which the replication(s) shall not be taken on record. ... Along with the written s....
Kulkarni that memory card and compact disc which are marked as Articles 1 and 2 are not admissible in evidence. 14. The probative value of electronic material can be gone into during the course of trial. ... However the stage of recording of evidence is not over. Application Exhibit-114 can not be rejected on the ground of delay. 17. Learned counsel Mr. ... However, to assist the Court and to prove the reliability of the CD, she has placed on record the hash #HL_STA....
However, to assist the Court and to prove the reliability of the CD, she has placed on record the hash value and even the certificate under Section 65B. . ... A report of hash value, certificate under section 65(B) of Evidence Act and transcript of conversation were on record. Following paragraphs are relevant : “18. ... It can be treated to be report of hash value of the compact disc having following remark: “Given digital evidence is not tampered and clean source....
value) unique to that data.” ... July 11, 2018) (unpublished) (describing a file’s hash value as its “unique digital fingerprint”). ... And the government’s subsequent law enforcement actions in reviewing the images did not effect an intrusion on Mr. Reddick’s privacy that he did not already experience as a result of the private search. ... When PhotoDNA detects a match between the hash value of a user-uploaded fil....
Therefore, to begin with, a disclaimer must be put to effect that Aadhaar is not the only means to identification and the question of identification of a person based on which a civil dispute would be decided do not solely rests with his/her Aadhaar identification. ... A “Yes” response means a positive identification of the Aadhaar number holder. Each enrolment is biometrically de-duplicated against all (1.2 billion) residents to issue the Aadhaar #H....
It is for this reason the Aadhaar card is known as Unique Identification (UID). Such an identity is unparalleled. ... In deference to order dated 16.5.2018, Unique Identification Authority of India (UIDAI), New Delhi has been impleaded as respondent no.5. 2. Shri Sunil Kumar Pandey, posted as Deputy Director, Unique Identification Authority of India (UIDAI), is present in court. ... Jasmine, posted as Deputy Director, Unique Identification#....
(b) the facts constituting the cause of action. (c) the nature of injury caused or likely to be caused to the public. (d) the nature and extent of the personal interest, if any, of the petitioner(s). (a) petitioner's name, complete postal and E-mail address, phone number, proof regarding personal identification, occupation and annual income, PAN number and National Unique Identity Card, if any and registration under the Act. “Rule -5 In the petition to be filed under Clause (e) of Rule 4, the petitioner shall disclose-
33. PW-5 Reshma Ahire is the voice analyzer and had conducted the spectrographic test admits that she has not mentioned anything about the common factor and disputed factor in her report. She also admits that she had not mentioned in the report the test she had carried out to conclude that the voice sample was similar. She further admits that while making the analysis she did not find that there were some gaps/distortion in both admitted and disputed version. At some places, the sound was not audible. She also admits that these defects could be occurred due to non-working of the recording un....
33. PW-5 Reshma Ahire is the voice analyzer and had conducted the spectrographic test admits that she has not mentioned anything about the common factor and disputed factor in her report. She also admits that she had not mentioned in the report the test she had carried out to conclude that the voice sample was similar. She further admits that while making the analysis she did not find that there were some gaps/distortion in both admitted and disputed version. At some places, the sound was not audible. She also admits that these defects could be occurred due to non-working of the recording un....
31. Interestingly and as already stated, PW-2 Sharayu Bansode turned hostile. She candidly admits in her examination-in-chief that she did not accompany the complainant - Rizwankhan and PW-8 Ranjitsingh during second verification and that she did not witness as to what had occurred at Maharashtra Hotel, Carnac Bundar Road and as such, this is also a big blow to the prosecution story. 34. In this case, the appellant has examined a defence witness namely Shivaji Maruti Mane, ACP, Crime Branch. He was the second Investigating Officer appointed in the earlier Gutkha case by the Crime Branch, Mum....
2. Mr. Shyam Divan, learned senior counsel urged that since the interim order dated 15 March 2015 governs the field it was the obligation of the Union government to seek a variation of the interim directions after the enactment of the Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016 before making it mandatory to uplink or provide details of the Unique Identification Number/Aadhaar card for all purposes.
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