AI Overview...
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CCTV Inadmissibility Due to Lack of Section 65-B Certificate - Several judgments emphasize that CCTV footage must comply with Section 65-B of the Indian Evidence Act to be admissible. In the absence of such a certificate, the footage is deemed inadmissible (e.g., Ibrahimsha VS State Represented by: The Inspector of Police, Madurai District - Madras, Pramod Laxmikant Upadhya VS State of Maharashtra - Bombay, Ahon Wangsa, S/o. Sri Matelem Wangsa VS State of Arunachal Pradesh, Rep. by the Public Prosecutor - Gauhati, Ravi VS State Of Haryana - Punjab and Haryana, Irshad VS State Of Haryana - Punjab and Haryana). Courts have consistently held that electronic evidence lacking proper certification cannot be relied upon in court proceedings.
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Failure to Produce Original CCTV Evidence - Courts have also ruled that if the original CCTV footage, typically stored in a hard disk or other media, is not produced before the court, the evidence is inadmissible. For example, in Pramod Laxmikant Upadhya VS State of Maharashtra - Bombay, the non-production of the original footage led to its rejection as evidence.
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Technicalities and Proper Procedure for Electronic Evidence - The admissibility of CCTV footage depends on strict adherence to procedural requirements, including certification under Section 65-B and proper examination of the original media. Witnesses such as CCTV technicians must be examined, and the footage should be shown to witnesses to establish authenticity (Vijay s/o Kishan Dhillod vs State of Maharashtra - Bombay).
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Witness Testimonies vs. Electronic Evidence - Courts recognize that discrepancies in witness testimonies are common and do not necessarily undermine the prosecution's case (Ibrahimsha VS State Represented by: The Inspector of Police, Madurai District - Madras). However, reliance on CCTV footage without proper certification or production is problematic, and such evidence is often deemed inadmissible, weakening the case.
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Appellate Stage Objections - Objections regarding inadmissibility of electronic evidence, like CCTV footage, can be raised even at the appellate stage if procedural requirements are not met (Ravi VS State Of Haryana - Punjab and Haryana, Irshad VS State Of Haryana - Punjab and Haryana).
Analysis and Conclusion:
The consistent legal stance across multiple judgments indicates that CCTV footage must satisfy procedural requirements, primarily certification under Section 65-B of the Indian Evidence Act, and must be produced in original form to be admissible. Failure to do so renders the footage inadmissible, affecting its evidentiary value in criminal proceedings. Witness testimony remains important, but electronic evidence lacking proper certification or original proof is generally not accepted by courts.
Search Results for "Cctv Witness Inadmissible"
2022 0 Supreme(Mad) 1354 • India - Madras
R. SUBRAMANIAN, N. SATHISH KUMAR
The court also held that the lack of a certificate under Section 65-B of the Indian Evidence Act rendered the CCTV footage inadmissible ... The court emphasized that discrepancies in witness testimonies are common and do not undermine the prosecution's case. ... The trial court was directed to preserve the CCTV footage as a document. ... On the side of the defence one witness was examined as D.W.1 and one document was marked as Ex.D1. (ix)After analyzing the oral and documentary evidence, the t....
2023 0 Supreme(Del) 5151 • India - Delhi
MUKTA GUPTA, POONAM A. BAMBA
The court also considered the admissibility of the CCTV footage and FSL reports. ... The prosecution's case was supported by testimonies, CCTV footage, and FSL reports. ... Indian Penal Code, 1860 - Summary of Acts and Sections: IPC Ss 302/307/436 - The court discussed the testimonies of witnesses, CCTV ... Even otherwise, site plan Ex.PW18/A is not exhibited through the relevant witness and is inadmissible; and the other site plan Ex.PW8/A shows the place of incident on both the sides of the road. Ld. ....
2017 0 Supreme(Bom) 1141 • India - Bombay
A.M.BADAR
It is further argued that the CCTV footage as seen from the evidence of the Investigating Officer, is not the original footage. The original CCTV footage was in the hard disk which was not produced before the court, and therefore, evidence regarding CCTV footage is totally inadmissible. ... However, this material witness is not examined by the prosecution. Though spot of incident is stated to have been shown by the brother of the victim, he is also not examined by the prosecution. ... Evidence of this #....
2025 Supreme(Online)(Bom) 4420 • India - IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD
NITIN B.SURYAWANSHI, SANDIPKUMAR C.MORE
Admittedly, stringent technicalities are attached to production of electronic evidence and in absence of such technicalities, the electronic evidence becomes inadmissible. ... This witness is CCTV technician who had installed CCTV system in Marble Palace shop at the instance of it’s owner Kumawat. This witness in presence of shop owner Kumawat and P.S.I. Rupekar i.e. ... Admittedly, sanctity is always attached to the evidence of child witness and in so many cases the child wi....
2023 0 Supreme(Del) 2208 • India - Delhi
MUKTA GUPTA, ANISH DAYAL
, call detail records, and witness testimonies. ... Issues: The main issues revolved around the authenticity of the CCTV footage, witness identification, and discrepancies in ... The incident was captured on CCTV, showing the appellants entering the office, committing the crime, and destroying the CCTV camera ... i) Even though there was no eye-witness who would testify the commission of the crime, the silent witness in the form of CCTV in the shop....
2024 Supreme(Online)(SC) 12206 • India - Supreme Court of India
HON'BLE MR. JUSTICE ABHAY S. OKA, HON'BLE MR. JUSTICE AUGUSTINE GEORGE MASIH
footage inadmissible. ... The prosecution claimed eyewitness identification and circumstantial evidence, but significant contradictions and omissions in witness ... conviction while acquitting others - The prosecution's case relied on eyewitness testimony and circumstantial evidence, including CCTV ... In this case, even the inadmissible part of the statement under Section 27 of the Evidence Act has been incorporated in the examination-in- chief of PW-27. The learned trial judge should not have recorded an inad....
2025 4 Supreme 732 • India - Supreme Court
VIKRAM NATH, K . V. VISWANATHAN
and burden to establish it rests squarely on accused – Here, documents relied upon, parking chit, chemist’s receipt, OPD card, CCTV ... The testimony of PW-1 merely reiterates the FIR narrative, while Jagdev Singh’s version remains a Section 161 statement, inadmissible until he enters the witness box. ... 5.3 The eye-witness Jagdev Singh, whose Section 161 statement specifically attributes the fatal taunts to respondent no. 2, corroborates the sworn testimony of PW-1. ... Here, the documents relied upon, parking chit, c....
2020 0 Supreme(P&H) 54 • India - Punjab and Haryana
RAJIV SHARMA, HARINDER SINGH SIDHU
He had not shown the CD to any witness. 28. ... (ii) The CCTV footage is doubtful. The CD is inadmissible in evidence as provisions of Section 65-B of the Evidence Act have not been satisfied. ... It is also clear from the above judgments that objections regarding admissibility of documents which are per se inadmissible can be taken even at the appellate stage. ... He had not shown the CCTV footage to the witnesses at any point of time. He had not cited Suraj as a witness as his fam....
2020 0 Supreme(P&H) 56 • India - Punjab and Haryana
RAJIV SHARMA, HARINDER SINGH SIDHU
He had not shown the CD to any witness. 41. ... (ii) The CCTV footage is doubtful. The CD is inadmissible in evidence as provisions of Section 65-B of the Evidence Act have not been satisfied. ... It is also clear from the above judgments that objections regarding admissibility of documents which are per se inadmissible can be taken even at the appellate stage. ... He had not shown the CCTV footage to the witnesses at any point of time. He had not cited Suraj as a witness as his fam....
2022 0 Supreme(Gau) 962 • India - Gauhati
SUMAN SHYAM, PARTHIVJYOTI SAIKIA
of accused Nipen Das has become inadmissible evidence due to non-compliance of Section 65B of the Indian Evidence Act. ... Purkayastha has argued that the electronic evidence in the form of CCTV footage would be inadmissible in the absence of a certificate under section 65-B of the Evidence Act. However, what needs to be noted herein is that the prosecution has not produced the CCTV footage before the court. ... His aforesaid testimony has not been challenged by the defence side during cross-examination of this #HL_START....
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