304😊 How to prove Mobile CALL RECORDING, SMS, EMAIL, CCTV Footage in Court? Tips & Tricks? Strategy
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- Опубликовано: 20 июл 2020
- #CALLRECORDING #SMS #EMAIL #CCTV
IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOS. 20825-20826 OF 2017 ARJUN PANDITRAO KHOTKAR …Appellant Versus KAILASH KUSHANRAO GORANTYAL AND ORS. …Respondents WITH CIVIL APPEAL NO.2407 OF 2018 CIVIL APPEAL NO.3696 OF 2018 J U D G M E N T R.F. Nariman, J.
16.
“65B. Admissibility of electronic records.- (1) Notwithstanding anything contained in this Act, any information contained in an electronic record which is printed on a paper, stored, recorded or copied in optical or magnetic media produced by a computer (hereinafter referred to as the computer output) shall be deemed to be also a document, if the conditions mentioned in this section are satisfied in relation to the information and computer in question and shall be admissible in any proceedings, without further proof or production of the original, as evidence or any contents of the original or of any fact stated therein of which direct evidence would be admissible. (2) The conditions referred to in sub-section (1) in respect of a computer output shall be the following, namely: (a) the computer output containing the information was produced by the computer during the period over which the computer was used regularly to store or process information for the purposes of any activities regularly carried on over that period by the person having lawful control over the use of the computer; (b) during the said period, information of the kind contained in the electronic record or of the kind from which the information so contained is derived was regularly fed into the computer in the ordinary course of the said activities;
72. The reference is thus answered by stating that: (a) Anvar P.V. (supra), as clarified by us hereinabove, is the law declared by this Court on Section 65B of the Evidence Act. The judgment in Tomaso Bruno (supra), being per incuriam, does not lay 80 down the law correctly. Also, the judgment in SLP (Crl.) No. 9431 of 2011 reported as Shafhi Mohammad (supra) and the judgment dated 03.04.2018 reported as (2018) 5 SCC 311, do not lay down the law correctly and are therefore overruled. (b) The clarification referred to above is that the required certificate under Section 65B(4) is unnecessary if the original document itself is produced. This can be done by the owner of a laptop computer, computer tablet or even a mobile phone, by stepping into the witness box and proving that the concerned device, on which the original information is first stored, is owned and/or operated by him. In cases where the “computer” happens to be a part of a “computer system” or “computer network” and it becomes impossible to physically bring such system or network to the Court, then the only means of providing information contained in such electronic record can be in accordance with Section 65B(1), together with the requisite certificate under Section 65B(4). The last sentence in Anvar P.V. (supra) which reads as “…if an electronic record as such is used as primary evidence under Section 62 of the Evidence Act…” is thus clarified; it is to be read without the words “under Section 62 of the Evidence Act,…” With this clarification, the law 81 stated in paragraph 24 of Anvar P.V. (supra) does not need to be revisited. (c) The general directions issued in paragraph 62 (supra) shall hereafter be followed by courts that deal with electronic evidence, to ensure their preservation, and production of certificate at the appropriate stage. These directions shall apply in all proceedings, till rules and directions under Section 67C of the Information Technology Act and data retention conditions are formulated for compliance by telecom and internet service providers. (d) Appropriate rules and directions should be framed in exercise of the Information Technology Act, by exercising powers such as in Section 67C, and also framing suitable rules for the retention of data involved in trial of offences, their segregation, rules of chain of custody, stamping and record maintenance, for the entire duration of trials and appeals, and also in regard to preservation of the meta data to avoid corruption. Likewise, appropriate rules for preservation, retrieval and production of electronic record, should be framed as indicated earlier, after considering the report of the Committee constituted by the Chief Justice’s Conference in April, 2016. 82 73. These appeals are dismissed with costs of INR One Lakh each to be paid by Shri Arjun Panditrao Khotkar (i.e. the Appellant in C.A. Nos. 20825-20826 of 2017) to both Shri Kailash Kushanrao Gorantyal and Shri Vijay Chaudhary. …………………..………………J. (R. F. Nariman) ……………..……………………J. (S. Ravindra Bhat) ……………..……………………J. (V. Ramasubramanian) New Delhi. 14th July, 2020.
You are great sir and this subject of discussion is very lnformative and helpful.
Great video
Wonderful video sir, tq for your valuable information sir.
Very useful class sir
Very nice video.
Very useful sir
Good for us
nice sir ! thank you.
Superb sir
Thank you Sir for wonderful video. 65b certificate, which is in the form of an affidavit, does one need to get it attested from notary/oath commissioner before submitting in court?
Respected sir ur English message good sir sir I requesting u please tell us. Law articles in Telugu please sir &. Thank u
Respected Sir, great video. Please tell us how call recording put in written form in court. Have any performa to put call recording in written form for court case.
Sir,a little bit of background noise during call recording.does it have any effect on its admissibility?
Good morning Sir. 🙏.
Some companies keep records of 3 months and some for more time.. I don't think cc tv recording lost for such a comfortable time, what in that case.
shouldn't we file the certificate under sec 66(B) of the party for giving electronic evidence in the court? How can we summon everytime the service providers' to the Court. it is little bit ambigvious. Kindly clarify Sir.
We can provide documents through email to court?
Sir plz class regarding on appeal in criminal case 👏
How to prove sms as evidence in court as defence? From wher we should take 65b certificate
What about 65 b certificate
Sir, this seems from prosecution perspective, but how to submit a screenshot or complaint raised online in defence perspective is not clear I suppose! Whether these should be certified? Or its prosecution who has to challenge the submission and get it verified?
Listen to complete video. You will find answer
If cctv is off after alleged crime for some day then also it is admissible, can defence argue why cctv was off by the owner
my husband's divorced wife sent sexually abusive messages sms calling me prostitute and my mother in law and said that i am a characterless, so if i provide certified copy of the message from cyber forensics and submit to court, is it admissible in court and my husband's divorced wife can be punished under section 509 IPC and section 67 of IT act?
Only memory card voice record is admissible in court
Hi
Thank you sir for posting this video.
I have installed a Cctv in my room.my causine stole some money from my room in my absence which was recorded in cctv.how can i prove this cctv footage in court ?pls suggest sir.
Take the hard disk to court
What about wats app sir?
My husband's relative send a chappel to me in wats app i had that screen shot what should i do sir really i am feeling very sad.
How can i punish that person.
Someone sent me an email to threat me. I gave a complaint to police FIR as been registered but accused filed for interim bail. Now court is asking to give solid proof . How can i/police can prove the genuineness of that email in court ? I have that email with me right now as well
How Will proof audio recordings as original and how Will send audio recordings to forensic lab
It is the work of the court. You bring evidence to court.
Sir how to get CCTV video of a police station when the investigation officer kept the innocent person in room with the name of cell before filing an FIR.
Suit
Sir
CC footage of traffic police how long kept with them.
Forget about it. CC footage itself is illegal
What to do when the opposite person (wife) intentionally changes mobile number for evry year ? When the WhatsApp and other proofs related to previous numbers ?
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In all ur previous videos u saud cell phone recording is not evidence ??? Was this the 20 year old confusion as u said and now changed
A took cash from B 1 lakh and executed a cheque which bounced . A says he did not take cash and only proof I have is a call recording where he agrees he had taken 1 lakh. How can I prove if cell phone calls are not admissible in this case ? Plz help
Admissible. Check other videos