Searching Case Laws & Precedent on Legal Query!
Scanned Judgements…!
Searching Case Laws & Precedent on Legal Query!
Scanned Judgements…!
Creating a Clone Copy - A clone or mirror copy of digital evidence, such as a hard disk or memory card, is created by calculating its hash value at the time of seizure and then copying the data to a new device. The hash value ensures data integrity and confirms that the clone is identical to the original, unaltered data ["UMESH S/O. VITTAL PATIL Vs STATE OF KARNATAKA, - Karnataka"], ["Umesh VS State of Karnataka - 2022 0 Supreme(Kar) 1468"].
Hash Value Verification - The hash value (cryptographic checksum) must be recorded during seizure and when creating the clone or image. Any change in hash value indicates tampering or unauthorized access, compromising the integrity of the evidence ["UMESH S/O. VITTAL PATIL Vs STATE OF KARNATAKA, - Karnataka"], ["Umesh VS State of Karnataka - 2022 0 Supreme(Kar) 1468"], ["XXXX VS State Of Kerala - Kerala"].
Meta Data and Hash Value Editing - To assume the CD is a clone and that the metadata hash has been duly edited, it must be demonstrated that the hash value of the original data matches the hash value of the cloned copy. If the hash values are identical, it indicates that the data, including metadata, has not been altered. Conversely, a mismatch suggests editing or tampering ["Harkesh Meena Son of Ramsahay Meena vs State Of Rajasthan, through C.B.I represented By Special PP. - Rajasthan"], ["Umesh VS State of Karnataka - 2022 0 Supreme(Kar) 1468"].
Legal and Procedural Requirements - Proper documentation such as panchnama (legal process of seizure) must record hash values at the time of seizure. This ensures procedural integrity and allows courts to verify that the evidence has not been modified ["M/s.Saravana Selvarathnam Re vs The Commissioner of Income T - Madras"].
Expert Analysis and Evidence Handling - Cryptographic analysis using hash values is preferred for verifying data integrity. Expert testimony or forensic reports that show consistent hash values between original and cloned copies support the assumption that the CD is a true clone with unedited metadata ["Chandra Kant Mishra vs Union Of India - Madhya Pradesh"], ["Umesh VS State of Karnataka - 2022 0 Supreme(Kar) 1468"].
Implications of Hash Value Changes - Changes in hash values over time or during evidence handling indicate possible unauthorized modifications. In such cases, the cloned copy cannot be assumed to be an exact replica of the original, nor can it be confidently said that the metadata has been duly edited ["XXXX VS State Of Kerala - Kerala"].
Analysis and Conclusion:A CD created from a DVR can be assumed to be a clone if the hash value of the original data is accurately calculated at the time of seizure and maintained throughout the evidence handling process. The clone copy’s hash value should match this original hash, confirming data integrity and that the metadata has not been altered. Proper procedural documentation, cryptographic verification, and expert analysis are essential to substantiate this assumption. If hash values differ, it indicates potential tampering or editing, undermining the claim of a true clone copy with duly edited metadata ["UMESH S/O. VITTAL PATIL Vs STATE OF KARNATAKA, - Karnataka"], ["Umesh VS State of Karnataka - 2022 0 Supreme(Kar) 1468"], ["Harkesh Meena Son of Ramsahay Meena vs State Of Rajasthan, through C.B.I represented By Special PP. - Rajasthan"].
References:- UMESH S/O. VITTAL PATIL Vs STATE OF KARNATAKA, - Karnataka_HC_KAHC020105722012- Umesh VS State of Karnataka - 2022 0 Supreme(Kar) 1468- XXXX VS State Of Kerala - Kerala- Harkesh Meena Son of Ramsahay Meena vs State Of Rajasthan, through C.B.I represented By Special PP. - Rajasthan- M/s.Saravana Selvarathnam Re vs The Commissioner of Income T - Madras
In today's digital age, evidence from devices like Digital Video Recorders (DVRs) plays a crucial role in legal proceedings. But a common question arises: After creating a CD from a DVR, how can it be assumed that the created CD is a clone copy and the value has been duly edited? This query highlights the need for rigorous verification to prove that the CD is an exact, unaltered replica (a '') and that its metadata—such as timestamps and file properties—has not been tampered with. Courts demand proof of integrity for admissibility, often relying on cryptographic hashes and forensic protocols.
This blog post explores technical and legal methods to verify DVR-to-CD clones, drawing from established best practices and Indian court precedents. Note: This is general information, not specific legal advice. Consult a qualified attorney or forensic expert for your case.
Digital evidence must meet strict standards for authenticity. Key principles include:
In one case, the court emphasized, so as ensure image/clone/copy data (individual data) has same . ... Further, at the time of seizure and creating clone or image copy must necessarily be mentioned so as to ensure that there is no lapses while seizing and cloning . Mismatches can lead to evidence rejection, as seen where hash discrepancies between a hard disk and CD/DVD implied tampering .
A 'clone copy' means a bit-for-bit mirror image, not a simple file copy. Here's how to confirm it:
If hashes match, the CD is a verified clone. Discrepancies, like differing capacities (e.g., 465.76 GB HDD vs. 700 MB CD), suggest issues .
Metadata (timestamps, sizes) must be hashed separately:
In a corruption case, failure to provide the original DVR, cloned CD, and was deemed error . Similarly, unverified CCTV footage lacked Section 65B compliance, leading to acquittal .
Indian courts stress hash chains:
Best Practices Checklist:- Generate hashes at seizure and each stage.- Use validated tools (Tableau Duplicator, periodic calibration) .- Document everything: timestamps, witnesses, videography.- Avoid editable formats; prefer write-protected clones.
Verifying a DVR-created CD as a with intact metadata hashes combines hashing, forensic imaging, and . Matching SHA-256 values at every step, backed by documentation and expert testimony, ensures court admissibility. As courts increasingly rely on digital evidence, these protocols are vital—failures, as in multiple precedents, lead to acquittals .
Key Takeaways:- Always hash originals and clones.- Maintain videographed .- Use forensic tools, not standard copies.- Consult experts early.
For reliable digital evidence, precision matters. Stay informed on evolving standards to strengthen your case.
References:- (multiple citations on hashing, custody)- , , , , , , , ,
This post is for informational purposes only and does not constitute legal advice.
#DigitalForensics #EvidenceIntegrity #LegalTech
of justice to direct the respondent-CBI to provide clone copy of Memory Card as relied upon by the CBI against the petitioner. ... Learned counsel would submit that as the statements given by the expert allegedly revealed that the CD provided by the prosecution agency-CBI along with charge-sheet containing electronic data with regard to voice recording is not clone copy of memory card used for the purpose....
In our opinion the relevant data available in hard disc has been provided to accused with hash value therefore no need to provide clone of the hard disc. ... It is also recorded in the impugned order dated 07.03.2022 that the data from scanner S-5, scanner S-6, and hard disk CKM-1, along with their hash values, have already been provided to the accused. 18. In case of Tarun Tyagi Vs. .......
so as ensure image/clone/copy data (individual data) has same hash value. ... Further, Hash value at the time of seizure and creating clone or image copy must necessarily be mentioned so as to ensure that there is no lapses while seizing and cloning the voice sample would more accurate in su....
Further, Hash value at the time of seizure and creating clone or image copy must necessarily be mentioned so as to ensure that there is no lapses while seizing and cloning the voice sample so as ensure image/clone/copy data (individual data) has same hash value. ... Instead cryptographic analysis by....
All such hash values certificate has been attached folder name is HD-2 7z as Annexure Y in Hard Disk Serial Number WX22A2592D43. A clone copy of Hard Disk WX22A2592D43 containing the same hash value certificates is also maintained as part of this LC Report. 5. ... HD-1 & HD-2 (along with two hash values certificatesAnnexure Z) were duly handed over to the Petitioner, Mr....
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. ... Rule 24 of Chapter XI of the Delhi High Court (Original Side) Rules, 2018 makes it clear that electronic records can be received in CD/DVD/Medium encrypted with a hash value. The said Rule is extracted below: - “24. ... Reception of electronic evidence -A party seeking to tender a....
The instant petition arises from the criminal proceedings wherein, the petitioner who is facing charges under the Prevention of Corruption Act, 1988 sought production of the original recording device, a cloned copy of the CD containing the alleged evidence and the Hash Value of the purported bribe demand ... Learned counsel for the petitioner has contended that the learned trial Court has committed grave error of law and fact in summarily r....
The Forensic Science Laboratory (FSL) had assigned hash value for the memory card. ... 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 the hash value was found to have changed. ... Three files, namely, Cache, data and com.and....
Further, it is specifically stated under this chapter that the hash value should be recorded in the panchnama and the assesse can be given an option for seeking a copy of the image/clone of the hard disk. ... In the present case, the hash value was not recorded in the panchnama and the copy of In the present case, the s....
Ashok Khalko (PW-10) claims to have exported the electronic data of two DVRs marked as Articles “A” and “B” to another electronic device marked as Article “C” but from his statements and also from the documents prepared by him, it is clear that the hash value of data transferred in device of Article ... From this certificate, it can be gathered that “true copy” referred to in certificate was not described....
The I.O. has signed this particular part of the case diary on 13.12.2015. An eye-witness of the occurrence, a certain Imtiyaz Husain, has been recorded by the police in a statement under Section 161 Cr.P.C. mentioned in CD-11. A photostat copy of the aforesaid CD also shows overwriting in the CD number, where CD-10 has been overwritten with CD-11.
Whether it was original CD or copy of some previous CD, is not under is knowledge. He had not sent it to Forensic Science Laboratory for its examination. He is not aware about the fact as to whether the CD was played at any news channel or not. Meaning thereby he is not sure whether it is primary evidence or secondary evidence or from where it was encrypted and who has previously used it.
The cross-examination of PW 19 reflects the suggestion that the hash value of the Hard Disk is different from the hash value of the footages contained in CD – 'X' or DVD and, therefore, the only inference which can be drawn is that there was tampering in the recordings of CD – 'X' and DVD. The report of PW 19 at Exhibit 57 shows the storage capacity of Hard Disk as “465.76 GB”, whereas the capacity of CD – 'X' is “52X 700 MB 18 MIN” and that of DVD is of “4.7 GB/16X”.
The report of PW 19 at Exhibit 57 shows the storage capacity of Hard Disk as “465.76 GB”, whereas the capacity of CD – 'X' is “52X 700 MB 18 MIN” and that of DVD is of “4.7 GB/16X”. The cross-examination of PW 19 reflects the suggestion that the hash value of the Hard Disk is different from the hash value of the footages contained in CD – 'X' or DVD and, therefore, the only inference which can be drawn is that there was tampering in the recordings of CD – 'X' and DVD.
However, M.W.1 has categorically admitted that as stated above, she has carried out an audio editing and video editing was done at the Bombay head office and she has done the dubbing. When that being the case, when the delinquent staff specifically denied the voice, the enquiry officer ought to have forwarded the CD for voice testing which facility is very much available at the relevant point of time. The management witness M.W.1, who had produced the Ex.X1-CD, an electronic evidence....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
