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2018 (4) TMI 1830 - SC - Indian LawsInterpretation of Section 65B(4) of the Evidence Act - admissibility of the electronic evidence - HELD THAT - We are in agreement with the Report of the Committee of Experts that videography of crime scene during investigation is of immense value in improving administration of criminal justice. Notwithstanding the fact that as of now investigating agencies in India are not fully equipped and prepared for the use of videography, the time is ripe that steps are taken to introduce videography in investigation, particularly for crime scene as desirable and acceptable best practice as suggested by the Committee of the MHA to strengthen the Rule of Law. The Plan of Action prepared by the Committee, a Central Oversight Body (COB) be set up by the MHA forthwith, to be implemented. The COB may issue directions from time to time. Suggestions of the Committee in its report may also be kept in mind. The COB will be responsible for further planning and implementation of use of videography. We direct the Central Government to give full support to the COB and place necessary funds at its disposal. We also direct that the COB may issue appropriate directions so as to ensure that use of videography becomes a reality in a phased manner and in first phase of implementation by 15th July, 2018 crime scene videography must be introduced at least at some places as per viability and priority determined by the COB.
Issues Involved: Use of videography in crime scene investigation, admissibility of electronic evidence, implementation of videography in police investigations, and oversight mechanisms for videography and CCTV in police stations and prisons.
Issue-wise Detailed Analysis: 1. Use of Videography in Crime Scene Investigation: The Supreme Court considered the use of videography in crime scene investigation, noting earlier proceedings. The Additional Solicitor General highlighted the benefits of videography, referencing international practices and existing Indian legal provisions. The Court directed the Home Secretary to explore the adoption of such measures by investigating agencies. 2. Admissibility of Electronic Evidence: The Court reviewed decisions on the admissibility of electronic evidence, emphasizing that new techniques and devices should be embraced, provided their accuracy is proven. The Court clarified that a certificate under Section 65B(4) of the Evidence Act is not mandatory if the party is not in possession of the device from which the document is produced. The requirement for the certificate is procedural and can be relaxed in the interest of justice. 3. Implementation of Videography in Police Investigations: The Committee of Experts recommended a phased implementation of videography in police investigations, suggesting a detailed timeline and steps for capacity building, equipment procurement, and training. The Court approved this Centrally Driven Plan of Action and directed the establishment of a Central Oversight Body (COB) to oversee the implementation. The COB is to ensure that crime scene videography is introduced in a phased manner, with the first phase to be implemented by 15th July 2018. 4. Oversight Mechanisms for Videography and CCTV: The Court referred to a related issue from the case of D.K. Basu vs. State of West Bengal, directing the installation of CCTV cameras in police stations and prisons to prevent human rights abuses. The Court emphasized the need for an oversight mechanism to review CCTV footage and report observations. The COB was tasked with issuing instructions and compiling compliance reports within three months. Conclusion: The Supreme Court underscored the importance of videography in crime scene investigation for improving the administration of criminal justice. The Court mandated the phased implementation of videography, supported by the Central Government, and established a COB to oversee the process. Additionally, the Court reinforced the need for CCTV oversight in police stations and prisons to safeguard human rights. Compliance with these directives was to be monitored, with progress reports to be submitted by 31st July 2018.
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